- Suit over pornographic emails not barred by workers comp exclusive remedy
Workers compensation’s exclusive remedy does not bar a legal secretary’s claim stemming from sexually explicit emails sent by an attorney at the law firm that employed her, a California appeals court ruled.
- City worker can sue employer in co-worker rape case: Ohio Supreme Court
A city worker can sue her employer for intentional tort after a co-worker with a criminal record raped her while working a night shift, a divided Ohio Supreme Court ruled Wednesday.
- N.J. governor vetoes workers comp bill for public safety employees
New Jersey Gov. Chris Christie has vetoed legislation that would have guaranteed workers compensation benefits for public safety workers by presuming that several illnesses were linked to their jobs.
Workers Compensation Press Updates
- Man acquitted of workers comp fraud cannot sue insurer for bad faith
A construction worker who was found not guilty of workers compensation fraud cannot sue his employer’s workers comp insurer for bad faith based on his acquittal, the Montana Supreme Court has ruled.
- Killing of woman in employer's parking lot not compensable: Court
The death of a woman, who was shot and killed by her estranged husband in an HSBC Card Services Inc. parking, lot did not “arise out of” her employment, South Dakota’s Supreme Court has ruled unanimously.
- Number of black lung cases rising again
Early-stage pneumoconiosis, commonly called black lung disease, can be asymptomatic, but advanced cases often lead to disability and premature death, according to the National Institute for Occupational Safety and Health.
- Court rulings on black lung favor miners
Two appeals court rulings that upheld eased eligibility for federal black lung benefits for coal miners and their surviving families are likely to increase the number of claims paid by employers.
- Employers cut workers compensation costs by getting data from insurers
LAS VEGAS — Employers can help keep their workers compensation claim costs down by partnering with their insurers to receive data and services that aid in safety and claim management, an Aon Risk Solutions executive said.
- Fla. law that limits doctor dispensing cuts comp opioid usage: WCRI
A law that restricts Florida physicians from dispensing opioid prescriptions from their offices reduced narcotic use in workers compensation cases, but increased prescribing of other painkillers, according to the Workers Compensation Research Institute.
- Zurich settles workers comp arbitration dispute with California
Zurich American Insurance Co. will stop requiring California workers compensation policyholders to arbitrate disputes in Illinois as part of a settlement reached with the California Department of Insurance.
Workers Compensation Press Updates
- NFL, former players ordered to mediation in concussion lawsuit
(Reuters) — The National Football League and thousands of former football players who have sued the league for allegedly hiding the dangers of brain injury while profiting from the sport’s violence have been ordered to try to resolve the case in…
- Settlements reached in NFL workers comp claims in California
A settlement has been reached in three cases involving former National Football League players who sought to file workers compensation claims in California, according to court filings posted online Monday.
- NCCI names new chief actuary
The National Council on Compensation Insurance Inc. has appointed Katherine Antonello as its chief actuary to succeed Dennis Mealy, who is retiring.
- OFF BEAT: Sandy leaves moldy mess for lottery workers
Some New Jersey Lottery employees reportedly are seeking workers compensation benefits after they say they were sickened by lottery tickets that turned moldy after Superstorm Sandy.
Workers Compensation Press Updates
- Wrong review standard applied in workers comp ruling: Utah high court
A Utah appellate court incorrectly applied an “abuse of discretion” standard of review in a workers compensation case, even through it rightly denied benefits to the claimant in that decision, the Utah Supreme Court has ruled.
- Missouri governor nixes bill creating workers comp claimant database
Missouri Gov. Jay Nixon vetoed legislation Tuesday that would have created an online database that employers could scour to learn whether a prospective job applicant has ever filed a workers compensation claim.
- Miner's surviving spouse eligible for black lung benefits under PPACA
A deceased miner’s spouse is not required to establish cause of death to receive benefits for black lung disease under the Patient Protection and Affordable Care Act, a U.S. appeals court ruled Thursday.
- Workers comp insurers selectively choose accounts during midyear renewals
Insurers are being pickier than they have been in recent years in selecting accounts they’ll underwrite for workers compensation coverage, while risky accounts are seeing midyear pricing increases of up to 10%, experts say.
- COMMENTARY: Positive mindset can help injured workers rebound
If we could transfer Aron Ralston’s outlook to everyone recovering from a workplace injury, we could eliminate several billion dollars from the nation’s workers compensation bill.
- Workers comp road map, communication can cut claims costs
CHICAGO — Human resource managers need to communicate their expectations for workers compensation procedures before employees get hurt to reduce comp claims costs.
- Coal miner due black-lung benefits under health care reform law change
A coal miner is entitled to black lung benefits under a provision of the Patient Protection and Affordable Care Act, the 7th U.S. Circuit Court of Appeals has ruled.
- Insurer data can help with workers comp claims management: ASSE speaker
LAS VEGAS — Employers can help keep their workers compensation claim costs down by partnering with their insurers to receive data and services that aid in safety and claim management, an Aon Risk Services executive said.
Workers Compensation Press Updates
- Integrate Mental Health Counseling with Wellness, Workers' Comp
This Society For Human Resource Management paper advises employers to consider coordinating employee assistance program counseling with workers compensation claims management.
- OSHA pushes temporary employee safety to reduce fatalities
LAS VEGAS — The Occupational Health and Safety Administration is pushing companies to educate temporary employees about proper safety procedures due to a number of temporary worker fatalities in recent months, a senior OSHA official said.
- Workers comp pricing to improve throughout 2013: Fitch
With little sign that rising workers compensation pricing trends will reverse in the near term, insurer results will continue to improve during the remainder of 2013, according to Fitch Ratings Inc.
- Del. bill requires listing job options for hurt workers
Workers compensation reform legislation headed for Delaware Gov. Jack Markell’s office would impose more responsibility on insurers to ensure employers provide doctors with lists of jobs available for injured employees.
- Workers comp-related medical payments higher than others: WCRI
Medical payments made in relation to workers compensation-related treatments are typically higher than group health medical payments in a majority of states, according to a study released Friday by the Workers Compensation Research Institute.
- SOLUTION ARC: Employers can use a managed care approach to reduce workers compensation costs
Business Insurance’s latest Solution Arc explores managed care pitfalls and the cost drivers, and details how to manage and properly implement managed care programs to achieve desired outcomes.
- Former NFL Saints, Bengals player cannot collect workers comp in Calif.
A California workers compensation judge erred in awarding benefits to a former National Football League player who was covered under his team’s Ohio workers comp policy, the California Workers Compensation Appeals Board has ruled.
Workers Compensation Press Updates
- Detailed protocols can help reduce workers comp costs: SHRM speaker
CHICAGO — Human resource managers can help reduce workers compensation costs by devising written plans that document each step of the comp process and effectively communicating expectations to injured employees, a consultant said Wednesday.
- Social Security disability applications fall, but payments rise: Survey
While the number of long-term disability claimants fell slightly in 2012, total claim payments among member disability insurers grew for a fifth straight year to $9.4 billion, the Council for Disability Awareness said Tuesday.
- Third-party administrators taking managed care in-house
Workers compensation third-party administrators are building their own managed care operations, a trend that may or may not benefit claims payers.
- Comp exclusive remedy, Human Rights Act bar gay man's harassment suit
A man allegedly subjected to harassment at work about his sexual orientation cannot sue his former employer for negligence because workers compensation exclusive remedy provisions and the Human Rights Act bar his lawsuit, an Illinois appellate court has…
Workers Compensation Press Updates
- Rising indemnity, severity cited in proposed 16.9% N.Y. comp rate plan
A proposal to raise New York workers compensation rates by 16.9% is based in part on increasing indemnity and medical claim severity, according to the New York Compensation Insurance Rating Board.
- Walgreen in record $80M settlement over painkillers
(Reuters) — Walgreen Co., the largest U.S. drugstore chain, has agreed to pay $80 million in civil penalties to resolve allegations that it violated federal rules governing the distribution of prescription painkillers.
- Texas contract worker who lost arm limited to workers comp remedy: Court
Exclusive remedy rules prevent a contract employee whose arm was amputated in an on-the-job accident from suing the city he was working for at the time, the Texas Supreme Court has ruled.
- Appeals court to reconsider RICO claims against Sedgwick, Coca-Cola
A federal appeals court is scheduled to reconsider allegations that Sedgwick Claims Management Services Inc. and Coca-Cola Enterprises Inc. violated the Racketeer Influenced and Corrupt Organizations Act in settling workers compensation claims.
- OFF BEAT: Comedian Jim Carrey takes workers comp seriously
It turns out that actor and funnyman Jim Carrey did indeed pay for workers comp insurance.
- NIOSH establishes Center for Workers’ Compensation Studies
The National Institute for Occupational Safety and Health has launched a new Center for Workers’ Compensation Studies to analyze trends in work-related injuries and illnesses.
- PTSD must arise from physical injury to qualify for Ohio comp benefits
A mental condition such as post-traumatic stress disorder is compensable under Ohio workers compensation law only when it is caused by a physical injury, the state’s Supreme Court has ruled.
- Okla. law could create template for deregulating workers comp nationwide
Oklahoma’s new law allowing employers to exit the state’s statutory workers compensation system could create a template for deregulating workers comp nationwide, concludes a white paper released Tuesday.
- OFF BEAT: Price is all wrong for workers comp fraudster
A spin on “The Price is Right” resulted in a workers compensation fraud conviction this week for a former mail carrier who reportedly was caught spinning the show’s “Big Wheel” in spite of her work injury.
Workers Compensation Press Updates
- Worker safety can improve with behavior-based programs
Behavior-based safety programs can help companies encourage safe behaviors among their employees and reduce workers compensation claim frequency and severity, a behavior expert said Tuesday at a meeting of risk management and safety professionals.
- Employer opt-out provision part of Oklahoma work comp reform bill
Oklahoma lawmakers on Monday unveiled a widely anticipated bill that would allow employers to opt out of the state’s workers compensation system, among other sweeping reforms.
- Employers can have ‘dual persona’ that trumps exclusive remedy: Court
South Carolina employers that acquire other companies could be sued for tort claims under the state’s workers compensation law if they assume third-party liabilities in a merger, the South Carolina Supreme Court said Wednesday.
- California’s state workers comp fund names COO
California’s State Compensation Insurance Fund announced the appointment of Beatriz Sanchez as the insurer’s chief operating officer.
Workers Compensation Press Updates
- Workers compensation auditor accused of defrauding employer
A West Virginia workers compensation auditor is accused of defrauding his employer, BrickStreet Mutual Insurance Co., after he allegedly allowed clients to underreport payroll to the Charleston, W.Va.-based insurer.
- Healthcare Solutions names COO Joe Boures as president
Healthcare Solutions Inc. has named Joe Boures as president, expanding on his current role as chief operating officer, the parent company of Cypress Care, ScripNet Inc. and Procura Management Inc. said in a statement Tuesday.
- Previous go-cart rulings a no-go in work comp case: Kansas high court
Kansas’ Supreme Court has reversed previous legal rulings that found in favor of a worker seeking workers compensation benefits for injuries sustained while driving a go-cart during a company-sponsored event.
- Yoga may become an alternative to pain meds in workers comp claims
Yoga is flexing its way into the workers compensation world.
- UP CLOSE: Chris Mandel
NASHVILLE, TENN.-BASED SENIOR VICE PRESIDENT OF STRATEGIC SOLUTIONS
- Privileged information
In In Re: XL Specialty Insurance Co. and Cambridge Integrated Services Group Inc., an outside counsel for XL shared information about a workers comp claim with Cambridge, which was XL’s adjuster, and the employer.
- Montana, Texas employers seek to overturn attorney-client privilege rulings
Employers in Texas and Montana are expected to seek a legislative fix for state Supreme Court rulings that have restricted employers’ access to legal information in some workers compensation cases.
Workers Compensation Press Updates
- N.C. work comp law protects Wal-Mart in wrongful death suit
The estate of a Wal-Mart store greeter who died after a loss-control employee and an alleged shoplifter collided with her cannot sue the giant retailer for wrongful death, the North Carolina Court of Appeals ruled Tuesday.