Vol. 6, Issue 50

Find Solutions & Strategies December 14, 2015

Occupational Fatalities Involving Engines, Robots & Thingamabobs

Ways to terminate worker death by machines

In This Issue

- DEATH BY MACHINE

- LARSON'S: Offset, Notice of Appeal, Third Party Suit, FMLA

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

Season's Greetings

Workers' Compensation Emerging Issues Analysis
2015 Edition ... Order Today!

occupational fatalities involving engines, robots & thingamabobs: a study on ways to terminate worker death by machines

A farm worker is crushed to death after his tractor flips and pins him between the tractor and the wagon it was pulling.

An assembly-line worker is killed instantly when a robot's arm slams into his head.

An untrained temp worker starting his first day on the job is crushed by 2,000 pounds of cased liquor during a pallet incident at a bottling plant.

By Karen C. Yotis, Esq., and Robin E. Kobayashi, J.D.

Death by machine is not merely the sci-fi flavored threat of an apocalyptic universe--it's a stark reality that occurs in the workplace with alarming frequency. Based on the most recent Bureau of Labor Statistics data, death by machine is the second leading cause of work-related fatality in the U.S. And this category of workplace deadliness is decreasing on an average of only 2.8 percent per year. The Minnesota Star Tribune reported on November 21, 2015 that the number of Minnesota farmers killed in work-related accidents has soared more than 30 percent during the past decade, with farm accidents accounting for fully one-quarter of all workplace deaths in the state...read more.

eNewsletter Resumes on January 4, 2016

LARSON'S SPOTLIGHT ON RECENT CASES

Thomas A. Robinson, J.D., our Feature National Columnist, is the co-author of Larson's Workers' Compensation Law (LexisNexis).

Kansas: Comp Benefits Offset by Social Security Benefits in All Cases. Reversing a decision by the state's Court of Appeals, the Supreme Court of Kansas held that under the state's Workers' Compensation Act, an injured worker's compensation must be reduced by any social security retirement benefits...read more.

Missouri: Lack of 92 Cents in Postage Dooms Claimant's Notice of Appeal. Where delivery of an envelope containing claimant's notice of appeal was refused by the U.S. Postal Service because of insufficient postage and the envelope was returned...read more.

New Mexico: Employer May Not Sue Third Party for Increased Comp Premiums and Other Collateral Damages. While a business entity's injured employees might state a claim against third parties for their physical injuries allegedly caused by those third parties' negligence, the business entity...read more.

Texas: Court OKs Termination of Injured Employee at End of FMLA Leave. An employee who sustained an admitted work-related injury, who was placed on "Family Medical Leave" by the employer while the employee was away from work due to his injuries, and who was terminated...read more.

WCRI Annual Issues Conference

national & state news

ProPublica Investigates Tyson Foods' Push for Workers Comp Changes.

Former Security Guards at US Nuclear Weapons Complex Decry Lack of EEOIC Benefits.

CDC Publishes 2011 Life Tables.

Brookings Publishes Policy Brief on Modernizing Labor Laws for "Independent Workers."

Company Finds Affordable Care Act Did Not Have Major Impact on Profitability.

AK: WCB Posts Supp. Notice of Emergency Rule on Medical Fee Schedule Payments.

AK: WCB Posts Maximum/Minimum Compensation Rates for CY 2016.

AK: WCB Posts Latest List of Independent Medical Examiners.

AK: WCB Posts Death Benefit Rates for 2016.

AK: WCB Posts Second Injury Fund Contribution Rate for CY 2016.

CA: WCIRB Releases SB 863 Medical Costs Study.

CA: WCRI: SB 863 May Have Led to Decrease in Medical Payments Per Claim.

CA: AD Announces 2016 Profile Audit Review, Full Compliance Audit Performance.

CA: Injured Worker Files Petition for Review in IMR Constitutionality Case.

CA: OSIP Chief Jon Wroten to Retire From State Service.

CA: DWC Posts Spanish Version of Revised Benefit Notices.

CA: Federal Judge Expands Class Action Suit Against Uber.

CT: Two Commissioners Appointed for Calendar Year Beginning 1-1-2016.

FL: DWC Posts Updated Maximum Workers Compensation Rate.

FL: Jury Awards $1.8M to Zenith for Unpaid Premiums, Breach of Contract Dispute.

ID: NCCI Explains 0.2 Percent Increase in Loss Cost Filing.

IL: Governor Appoints Two Arbitrators to IWCC.

LA: Prescriptive Period Does Not Commence Until Party Has Knowledge of Cause of Action.

MD: WCC Posts 2016 Medical Fee Guide Materials.

MD: Governor's Heroin & Opioid Task Force Submits Final Report, Recommendations.

MO: Missouri Supreme Court Rejects MMI as Bright Line Test to Award TTD.

NV: DIR to Hold Jan. 8 Hearings on Medical Fee Schedule, PPD Maximum Lump Sums.

NJ: Governor Nominates Two for Judge of Workers' Compensation Positions.

NJ: Comp Benefits Denied to Owner of Business Based on Misrepresentations of Business.

NJ: Chief Judge Posts Memo on Counsel Fees.

NC: IC to Review Adopted Rules at Dec. 17 Meeting.

OH: Spouse of Ex-Toledo Mayor Seeks Death Benefits for Fatal Heart Attack.

OH: Bill to Regulate Ride-Sharing Services Heads to Governor�€™s Desk.

OR: High Court Rules Taxi Cab Company Misclassified Drivers as Independent Contractors.

OR: WCD Posts Temporary Amendments to Medical Fee and Payment Rules.

OR: WCD Posts Revised Claims Processing Administrative Cost Factor.

OR: WCD Revises Spanish Language Forms for Injured Workers.

OR: WCD Revises Forms for Administrative Review of Medical Disputes.

OR: Medical Advisory Committee Posts Agenda for Jan. 8 Meeting.

OR: WCD Publishes New Attorney Fee Matrix.

OR: WCD Posts Final 2016 Procedural, Hearings, Attorney Fee Rules.

RI: Judicial Nominating Commission Selects 3 Judges to Lead Workers Comp Court.

SC: WCC Posts Agenda for Dec. 14 Meeting.

TN: Insurance Expert Decries Opt Out "Gimmick" as Risky Proposal for Businesses.

TN: Lawmaker Says Opt Out Legislation Is True, Market-Based Alternative to Work Comp.

TX: DWC Announces Results of Performance Based Oversight.

TX: DWC Proposes Changes to Rules for Contents of Rule-Making Petitions.

TX: DWC Adopts Changes to Rules for Required Notices of Coverage.

TX: DWC Accepting Comments on New Workers Comp Complaint Form.

VT: NCCI Explains 2.6 Percent Increase in Loss Cost Filing.

VA: Senate Approves Bill to Curb Opioid Use in Veterans Health Administration.

ENEWSLETTER ARCHIVES

Take a deep dive into our past eNewsletters for 2015 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

December 7, 2015: Alarming Mortality and Morbidity Trend; Implications for Ability to Work.
November 30, 2015: Silicosis Plagues Construction, Fracking, Countertop Workers.
November 23, 2015: Paris Tragedy Reminds Us That Workplace Violence Is a Serious Risk.
November 16, 2015: Will 2016 Be the Year That Opt Out Legislation Catches Fire?
November 9, 2015: A New Mediation Track to Combat Opioid Use by Injured Workers.ACCESS ARCHIVES AND ARTICLES LIST HERE.

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