Vol. 7, Issue 4

Find Solutions & Strategies January 25, 2016

Opt Outs to Workers' Compensation

The Real Disconnect in What Is Being Said and What Is Being Implemented

In This Issue

- OPT OUT DISCONNECT

- LARSON'S: Employee Status, Travel, PTSD, Interest

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

opt outs to workers' compensation

The Real Disconnect in What Is Being Said and What Is Being Implemented

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC

The National Workers' Compensation and Disability Conference generally serves as a pretty good barometer of what the industry focus will be in the upcoming year and it is evident that 2016 will be all about opt-out. Given that it was mentioned, even if only in passing, in many sessions during the conference, it is clear that the concept of opt-out has gained momentum throughout the nation and could become a reality in more and more states very soon. And while utopian pictures are being painted by proponents of the movement, the realities of what was accomplished in Oklahoma are coming to light and those outcomes have not been ideal for injured workers...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).

Federal: Issue of Fact Regarding Control Means Tort Action May Proceed Against General Contractor. Where a subcontractor's worker sustained serious injuries when he attempted to use a grinder--owned by the project's contactor and which did not have a required safety guard--and where there was...read more.

Louisiana: Bonuses Paid at Start and Finish of Out-of-State Work Did Not Turn Travel Into Employment Activity. A Louisiana appellate court affirmed summary judgment in favor of a defendant employer whose employee rear-ended a van, killing the van's driver and causing catastrophic injuries to the plaintiff who was a passenger...read more.

Tennessee: With PTSD Claim, Objective, Not Subjective, Test to Be Used In Determining If Stress Was Unusual. In a decision not yet designated for publication, Tennessee's Special Workers' Compensation Appeals Panel affirmed a trial court's denial of an employee's claim for psychological injuries, depression and PTSD on the grounds that the stress...read more.

Colorado: In Spite of Credit Allowed Employer Related to Out-of-State Death Benefits Paid, Interest Was Owed on Balance of Benefits Due. Where a worker was killed in a work-related accident on the second day after he assumed a new position in Colorado--he had previously worked for the employer in Mississippi--and his survivors were paid...read more.

national & state news

Injured Worker Left Out in the Cold by ERISA Surviving on Social Security Disability.

Liberty Mutual Workplace Safety Index 2016 Reports $62B in U.S. Workers Comp Costs.
USDOL Issues Guidance on Joint Employment Under FLSA, MSPA.

News Investigation: Temp Agency Workers Reveal Discriminatory Practices.

Marsh Posts Top 10 List for U.S. Casualty Market in 2016.

Sedgwick Identifies Key Areas Impacting Businesses in 2016.

CA: Governor Reappoints Jack Neureuter to SCIF Board of Directors.

CA: CHSWC's Next Meeting Scheduled for 2/19/2016.

CA: DWC Posts More Changes to OMFS (Physician/Non-Physician Practitioner Services).

FL: FOIR Releases Annual Work Comp Report: Reforms Reached Maximum Effectiveness.

MD: AG, Lawmakers Seek to Regulate Transferred Structured Settlements.

MN: Workers Comp Insurers Assoc. Posts 2016 MN Statistical Plan Manual.

MT: Editorial Advises Commissioner Not to 'Mess' With State Fund's Success.

NY: WCB Extends Time for Requesting Review of Penalized FROI Transactions.

NY: WCB Finalizes 2014-2015 Fiscal Year 50-5 Assessment True-up.

NY: WCB Reduces Administrative Determinations for Claims With No Lost Time.

NC: Governor, IC Chairman Announce Appointment of Five Deputy Commissioners.

OR: WCD Updates List of Registered Vocational Rehabilitation Providers.

TX: NCCI Proposes Changes, Corrections for Workers Comp Manuals.

TX: DWC Seeks Input for Development of Medical Quality Review CY 2016 Annual Audit.

VA: WCC Posts New Commission Rule 14 Effective 1/11/2016.

WA: Washington Self-Insurers Assoc. Posts 2016 Legislative Preview.

ENEWSLETTER ARCHIVES

Take a deep dive into our past eNewsletters for 2016 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

January 19, 2016: Work-Injury Impact on Wealth of U.S. Workers.
January 11, 2016: Texas Workers' Comp Update.
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.
ACCESS ARCHIVES AND ARTICLES LIST HERE.

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