Vol. 7, Issue 8

Find Solutions & Strategies February 22, 2016

Federalization of Workers' Comp

Politics, opts outs, survival of state-based status quo

In This Issue

- FEDERALIZATION OF COMP

- LARSON'S: Going and Coming, Mental Injury, Subrogation, Independent Contractor

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

WCRI Annual Issues Conference

Workers' Compensation Emerging Issues Analysis

federalization of workers' comp

Politics, opt outs, and survival of the state-based status quo

By Karen C. Yotis, Esq., Feature Resident Columnist for the LexisNexis Workers' Compensation eNewsletter

A chronicle of workers' compensation in the United States tells the story of a persistent (but failing) federal advocacy that gives way to entrenched special interests . . . Every . . . Single . . . Time. And in spite of the countless efforts to change the system--and even irrespective of the economic and social welfare reform catalysts that are being created via the growing national opt-out movement--it appears as if the current state-based system is bound to endure. This is Judge David B. Torrey's message in his contribution to The Pennsylvania Workers' Compensation Centennial: A Narrative and Pictorial Celebration, a compendium that commemorates 100 years of workers' compensation in Pennsylvania.

Torrey's chapter titled Efforts to Impose Federal Standards in Workers' Compensation: An Historical Account, goes to great lengths to demonstrate the serious and deep-seated inadequacies inherent in state-based workers' compensation schemes by examining the issues relating to parity and coordination of remedies, and exposing the phenomenon of dysfunction known as the "race to the bottom...read more.

A Note From the Editor

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).

Illinois: Flight Attendant's Injury Claim on Board Plane Barred by Going and Coming Rule. An Illinois appellate court held that a flight attendant was not a traveling employee for purposes of the state's Workers' Comp Act when she injured her knee on a flight from Denver to New York on the day...read more.

Wyoming: Father May Maintain Tort Action Against Employer for Mental Injury Associated With Son's Death. The Supreme Court of Wyoming found that a negligent infliction of emotional distress claim filed by an employee against the employer and one of the employer's superintendents following...read more.

Massachusetts: Employer's Subrogation Rights Do Not Extend to Worker's Pain and Suffering Recovery. The Supreme Judicial Court of Massachusetts held that while an employer is entitled to a lien on an employee's recovery from a third party for work-related injuries under...read more.

Illinois: Truck Driver Was Independent Contractor, Not Employee. In a decision that could have an impact on any Uber/Lyft litigation within the state of Illinois, an appellate court affirmed a decision by the state's Workers' Compensation Commission's finding that...read more.

national & state news

American Medical Association Releases National Survey for Preventing Opioid Abuse.

American Medical Association Supports Telemedicine Bill.

CA: CWCI Study Examines 2015 Independent Medical Review Outcomes.

CA: High Court Won't Hear Stevens IMR Constitutionality Case.

CA: Ellen Langille to Join CWCI as General Counsel.

GA: House Committee Approves HB 216 Firefighter Cancer Bill.

IL: IWCC Updates Benefit Rates.

IN: WCB Announces Decrease in Mileage Reimbursement Rate.

MD: WCC Posts New Form for Claimant Request for Change of Address.

ME: WCB Issues Annual Report on Status of Maine Workers Comp System.

MI: WCA to Mail Out Year-End Open Claim Validation Report.

NH: Staffing Industry, AFL-CIO Compromise on SB 407 Tempory Worker Bill.

NM: High Court to Review Workers Comp Benefits for Farm, Ranch Laborers.

TX: Governor Reappoints Brannan as Commissioner of Workers' Compensation.

VA: House Committee to Review HB 378 Fee Schedule Bill.

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.

February 16, 2016: Impact of Age and Tenure on Length of Disability.
February 8, 2016: The Battle Over Reliable Expert Testimony.
February 1, 2016: Study on Satisfaction With Healthcare for Injured Workers.
January 25, 2016: Opt Outs to Workers' Comp: The Real Disconnect.
January 19, 2016: Work-Injury Impact on Wealth of U.S. Workers.
ACCESS ARCHIVES AND ARTICLES LIST HERE.

LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.