Vol. 7, Issue 13

Find Solutions & Strategies March 28, 2016

Opt Out Panels at WCRI Conference Sidestep Unresolved Issues

In This Issue

- WCRI OPT OUT PANELS

- LARSON'S: Apportioning Liability, Statutory Employer, Pre-Employment Physical, Home Health Services

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

opt out panels at wcri conference sidestep unresolved issues of how states can relinquish control of workers' compensation

Opt-out cannot become a viable alternative to problematic state systems until a reasonable balance is attained between the interests of injured workers and employers alike

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

As opt-out discussions continue despite the recent Oklahoma agency ruling that a part of the Oklahoma Employee Injury Benefit Act violates the State Constitution, the WCRI 2016 Annual Issues and Research Conference in Boston offered not one, but two separate sessions covering the topic. Curiously, though, none of the presenters participated in a true substantive debate of the Vasquez and Torres decisions in Oklahoma, the constitutionality of the Oklahoma reforms and the likelihood of other states continuing their pursuit of opt-out legislation. While some new issues and perspectives...read more.

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).

California: Agreement Between Two Insurers Apportioning Liability Does Not Alter Nature of Joint and Several Obligation. Two workers' comp insurers were jointly and severally liable to pay workers' comp benefits regardless of a compromise agreement between the two insurers apportioning liability...read more.

Florida: Premises Owner That Contracts With Cleaning Service Is Not Statutory Employer. Where a health care system ("the system") owned a children's clinic and contracted with a service company for the latter to provide cleaning services at the clinic, the system was not the...read more.

Kentucky: Injury Sustained in Pre-Employment Physical Not Compensable. Where a clerical worker sustained injuries during a pre-employment physical examination at a medical center, she could not recover workers' comp benefits because she was not an employee at the time of her injury, held the Supreme Court of Kentucky...read more.

New Hampshire: Home Health Services Provided by Worker's Spouse Should Be Compensated. Where a worker sustained serious injuries and, after a period of hospitalization, was discharged to his home and prescribed medication and follow-up care, which included home health services...read more.

Workers' Compensation Emerging Issues Analysis

national & state news

OSHA Issues Final Rule on Silica Exposure.

NAMSAP Proposes Evidence-Based Limits on Opioids for WCMSAs.

OSHA Workplace Safety Violation Penalties to Increase 8/1/2016.

Stanford Professor Claims Costs Drop 44 Percent for Companies That Opt Out.

HHS Release National Pain Strategy.

McCrery-Pomeroy SSDI Solutions Initiative Unveils Project's Recommendations.

Third Circuit Finds Zurich Liable to Injured Worker for $1M in Uninsured Motorist Coverage.

CA: AB 1727 Would Allow Gig Workers to Unionize.

CA: CWCI Elects Board of Directors for Fall 2016.

CO: Ballot Measure for ColoradoCare Would Replace Medical Portion of Work Comp Insurance.

CO: Pinnacol Suspends Expansion Efforts for This Legislative Year.

CO: Pinnacol Issues $30M in Dividends to Colorado Policyholders.

ID: Legislature Passes Firefighter Cancer Bill.

NY: GOP Seeks Exchange for Lower Workers Comp Expenses for Businesses.

OK: Dillard's Files Appeal of Agency Ruling on Opt Out Law.

SC: WCC Approves 19 Applications to Self-Insure.

TX: DWC Requests Input for Compound Medications Plan-Based Audit.

TX: TDI Seeks Employer Representative for Workers' Comp Appeals Panel.

TX: WCREG Issues Data Call to Selected Insurance Carriers.

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.

March 21, 2016: Significant Increase in Fatal Benzodiazepine Overdoses.
March 14, 2016: Tax-funded Healthcare Expenditures in the U.S.
March 7, 2016: Up in Smoke: Medical Marijuana.
February 29, 2016: Oklahoma Opt Out Statute Ruled Unconstitutional.
February 22, 2016: Federalization of Workers' Comp.

ACCESS ARCHIVES AND ARTICLES LIST HERE.

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