Vol. 7, Issue 2

Find Solutions & Strategies January 11, 2016

Texas Workers' Comp Update

Experts review 2015 and the year ahead

In This Issue

- TEXAS UPDATE

- LHWCA: WINCHESTER

- LARSON'S: Recreational Act, Medical Expense, Negligence, Change in Condition

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

Texas Workers' Comp Handbook

Happy New Year

texas workers' comp update: 2015 & the year ahead

By Stuart D. Colburn, Esq. and Albert Betts, Jr., Esq., co-authors,Texas Workers' Compensation Law

This year marks an anniversary that will not be celebrated with a parade or even a mention on the local news. But it is significant to those who are a part of the Texas workers' compensation system. Ten years ago the Texas workers' compensation system was, to put it mildly, in a state of turmoil. Faced with yet another "crisis" in the system, stakeholders, legislators, and other state leaders demanded change. The former Texas Workers' Compensation Commission (now the Texas Department of Insurance - Division of Workers' Compensation) was besieged on all fronts. A series of massive reforms and regulatory reorganizations soon followed and a reborn and reinvigorated Texas system emerged. This is not to wax nostalgic about the "wonder years" since 2005, but it does help to put into perspective some of the issues and controversies that exist today...read more.

fifth circuit takes the bang out of winchester

By Paul C. Howell, Esq., Franke & Salloum, PLLC, Gulfport, MS

For 33 years the Fifth Circuit Court of Appeals promulgated an expansive view of the situs test for jurisdiction under the Longshore and Harbor Workers' Compensation Act (LHWCA, 33 U.S.C.S. � 901 et seq.). The situs test extends coverage to "... injur[ies] occurring upon navigable waters of United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel)." (Emphasis added.) 33 U.S.C.S. � 903(a)...read more.

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

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).

Oregon: Employee's Enjoyment Did Not Transform Walk to Post Office to Recreational Act. Oregon, like a number of other states, has a statutory provision that bars recovery of workers' comp benefits if the injury is sustained while the employee is engaged in recreational activity...read more.

Nebraska: Injured Employee Fails to Show Spinal Cord Stimulator Is Necessary Medical Expense. An employer need not pay the cost of supplying an injured employee with a spinal cord stimulator where both the employee's testimony and that of the employer's medical experts indicated the stimulator...read more.

California: UPS Driver May Not Sue Shipper for Injuries Related to Mislabeled Box. A UPS driver, who injured his back when he picked up a box whose weight had been mislabeled by a university employee may not maintain a lawsuit against the university for negligence; the risk of injury from...read more.

District of Columbia: Denial of Continued TTD Benefits Appropriate Where Claimant Exaggerated Symptoms. A D.C. appellate court held substantial evidence supported the CRB's ruling that a workers' comp claimant had undergone a change in condition and was no longer...read more.

WCRI Annual Issues Conference

national & state news

Doctors' Union Challenges Medical Management Companies, Outsourcing.

US DOL Reports US Mining Deaths Dropped to New Lows in 2015.

AIG Invests in Wearable Devices to Promote Workplace Safety.

91 Percent of Patients Overdosing on Opioids Continued to Get Painkiller Prescriptions.

CDC Holds First Public Hearing on Proposed Opioid Guidelines.

SSA Proposes Rule to Extend Period of Workers Comp Offset.

NAIC Reports on Profitability by Line by State for 2014.

U.S. Lawmakers Introduce Bill to Address Hazards for Health Care Workers Lifting Patients.

CA: WCIRB: Calif. Claim Frequency Remains Higher Than in Other States.

CA: Dept. of Insurance Cites 2015 Initiatives for Fighting Fraud, Underground Economy.

CA: Governor Reappoints Sherman to Calif. Fraud Assessment Commission.

CA: Governor Appoints Two New Cal/OSHA Deputy Chiefs.

CA: Top Trends for California Employers in 2016 Include Workers' Comp Considerations.

CA: Contractors, Subcontractors to See Uptick in Enforcement of WC Ins. Requirements.

CT: Mileage Reimbursement Rate Falls.

CT: WCC Posts 2016 Hospital and Ambulatory Surgical Center Fee Schedule.

FL: DWC Summarizes Efforts to Combat Workers Comp Fraud, Employer Non-Compliance.

FL: DWC Issues 2015 Results and Accomplishments Report.

FL: Insurance Commissioner Kevin McCarty to Resign May 2, 2016.

KY: Former Rep. Tanya Pullin Sworn In as Administrative Law Judge.

LA: WCA Adopts Rules on Complaints Re: Judicial Conduct, Electronic Billing, Venue.

MA: DOI to Hold Public Hearing on Proposed Workers Comp Rate Hike on Jan. 29.

MO: DWC Adopts Reasonable Standard Means Test for Suspending PTD Benefits.

NJ: DWC Posts Latest Schedule of Disabilities and Maximum Benefits.

NJ: DWC Posts Latest Maximum/Minimum Workers Comp Rates.

NJ: Plaintiff, Husband Can't Sue Plaintiff's Employer for Assault/Battery/Sexual Harassment.

NY: WCB Posts November Timeliness of Controversy Reports.

OK: WCC Posts 2016 Mileage Reimbursement Rate.

OK: WCC Posts Latest Death Benefit Rates.

OK: WCC Posts New Maximum Weekly Compensation Rates.

OK: Compensation Paid/Suspension of Payment Form Now Submittable on WCC Website.

OR: MLAC to Discuss 2016 Legislative Review at Jan. 27 Meeting.

PA: Drivers for Uber Black File Lawsuit for Worker Misclassification.

SC: WCC Posts New Mileage Reimbursement Rate.

SC: WCC Posts Net Present Value Tables.

SC: WCC Posts Agenda for Jan. 11 Meeting.

TX: DWC Updates Change of "N" Status Drugs in Drug Formulary.

WY: DWS Launches New Feature for Employers to Access Their Workers Comp Info.

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.

January 4, 2016: Top 10 Bizarre Workers' Comp Cases for 2015.
December 14, 2015: Occupational Death by Machine.
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.ACCESS ARCHIVES AND ARTICLES LIST HERE.

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