Vol. 7, Issue 19

Find Solutions & Strategies May 9, 2016

IAIABC Taking Part in Shaping the Future of Workers' Compensation

In This Issue

- FUTURE OF WORK COMP

- LARSON'S: Course and Scope of Employment, Chain of Causation, Borrowing Employer, Unexplained Accident

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

iaiabc taking part in shaping the future of workers' compensation

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

On April 20, 2016, the IAIABC kicked off the National Conversation on the Future of Workers' Compensation at its Forum in Santa Fe, New Mexico. In a three hour session, questions were presented to about 100 attendees to debate in round table format and then share with the group as a whole. One thing for certain was reflected in this effort and that was that there is a lot to discuss and no one easy answer as to how to adapt the workers' compensation system to better suit the 21st century. Due to the nature of the conference, the crowd consisted primarily of members from state workers' compensation agencies from throughout the nation. Accordingly, the best interests of injured workers was disproportionately represented and those advocating for employers in the minority. Because of this, the crowd seemed supportive of broader classifications and coverage and better and less restrictive medical care with little consideration of balancing concessions for employers. It was apparent from...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).

Ohio: Employee Injured When Struck by Co-Employee's Driverless Vehicle May Not Recover in Tort. An Ohio court affirmed a trial court's summary judgment in favor of a defendant who had been sued by a co-employee who sustained injuries in a bizarre accident that occurred in the employer's parking lot...read more.

Illinois: Claimant's Self-Treatment of Foot Blister Does Not Break Chain of Causation. A claimant's self-treatment in the form of lancing a blister on his foot with a sterilized needle was not an independent intervening act that would break the chain of causation between...read more.

Texas: Temporary Employee May Not Sue "Borrowing" Employer in Tort Following Injury in Work-Related Incident. A temporary employee of a staffing agency who was assigned to a tractor supply company was an "employee" of the latter and accordingly could not sue the supply company in tort following a work-related accident...read more.

Virginia: Employee Who Blacked Out While Driving Could Not Establish Workers' Compensation Claim. A Virginia appellate court affirmed the denial of a workers' compensation claim filed by an employee, who spent 75 percent of her working time driving in a car provided for her by her employer, and who...read more.

Workers' Compensation Emerging Issues Analysis

national & state news

NCCI Posts Hartwig Presentation of Future of P&C Market and American Workplace.

NCCI Posts Presentation of Insurance in an Exponential World.

NCCI Posts Presentation for Affordable Care Act and Workers Comp.

NCCI Posts Presentation on Prescription Drug 2016 Update.

NCCI Posts Presentation on Workers Comp Excess Loss Development.

NCCI Posts Legislative and Regulatory Trends Through April 2016.

CA: Governor Signs ABX2-7 to Expand Prohibition on Smoking in Workplace.

CA: US Sup Ct Sets May 19 Conference Date for Angelotti v. Baker Lien Case.

FL: David Altmaier Appointed Florida Insurance Commissioner.

GA: Governor Vetoes HB 216 Firefighter Cancer Bill.

GA: New Georgia Law Protects Franchisors But Not for Purposes of Work Comp.

MA: HCSB to Discuss Managed Care, Low Back Guidelines, Opioid Protocol.

MN: Workers Comp Insurer Agrees to Pay for Injured Workers' Medical Marijuana.

ND: WSI Outlines When Chronic Opioid Therapy Covered for Injured Employee.

OH: Bipartisan Medical Marijuana Bill Would Deny Benefits to Intoxicated Injured Worker.

OH: BWC Announces 2016 MCO Open Enrollment.

TX: DWC Finalizes Compound Medications Plan-Based Audit.

VA: WCC Adopts Paperless Option for Claimants and Claims Administrators.

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.

May 2, 2016: Age and Length of Disability for Eight Chronic Conditions.
April 25, 2016: Legal Trends and Developments: New York; Longshore Act.
April 18, 2016: Physicians, Drug Companies Strike Back at Attempt to Curb Drug Costs.
April 11, 2016: Opt Out Lessons From the Lone Star State.
April 4, 2016: Sharing Economy's Impact on Workers' Compensation.
ACCESS ARCHIVES AND ARTICLES LIST HERE.

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