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Showing posts from March, 2026

Work Comp News 032726

Spine surgeon appeal denied, Exclusive remedy, the fragile healthcare system, and Shifting pain management.  Spine surgeon loses appeal to regain ability to file workers' comp claims "was rejected after he was among several orthopedic surgeons named in a racketeering lawsuit alleging false accident claims." Court rules workers' comp shields employer who sent worker to his death - HRD America "An employer sent a 20-year-old into a flooding vault alone, without safety gear. He drowned – and workers' comp may not protect the Village. " What Insurers Should Know About The Fragile Nature of The US Healthcare System "Existing nursing and doctor shortages, and the reclassification of some professional degrees, means we currently do not have enough healthcare providers to meet the demand" The Shifting Landscape of Workers' Compensation Pain Management - Risk & Insurance "Topical medications emerge as cost driver as opioid use plummets, but...

Work Comp News 032626

No pot in Longshore, judges can assess fee claims, CA to mandate non-work hour medical and repetitive trauma claims on the rise in CA. Federal Appeals Court Denies Workers' Compensation Claim for Cannabis Edibles "Federal law 'categorically bars marijuana from being deemed a reasonable and necessary medical expense for purposes of the LHWCA,' the Second Circuit court ruled." Commonwealth Court Holds that a Workers' Compensation Judge Has the Authority Under Act to address Fee Disputes... "the WCJ properly exercised authority under Sections 440 and 442 of the Act in resolving the fee dispute. " Calif. bill would change workers comp medical treatment - Business Insurance "A.B. 2098 would require, when possible, for injured workers to make a 'reasonable effort' to schedule medical appointments outside regular work hours." Rise in Workers Comp Claims 'Will Be Costly,' Report Warns - Santa Monica Lookout "The number of open ...

Work Comp News 032526

Small employer coverage requirements, premium slowdowns, a tort claim in Australia, and New York joining the paperless world Did Va. Remodeler's Small Size Insulate it from Workers' Comp Claim? "a Virginia employer must have three or more employees. But does that include subcontractors," Premium Slowdown, Inflation Factors to Lead to Higher P/C Combined Ratio: AM Best "plateauing or softening rates in many lines of business may pressure financial results in 2026, said AM Best." Lessons from a 'landmark' $1.39m compensation payout - HR Leader "the worker was awarded a total of $1,389,300.12 in common law damages for pain and suffering, past and future earnings loss, and medical expenses." NYS Workers' Compensation Board goes Paperless in 2026 "the New York State Workers' Compensation Board is implementing electronic submission of the Request for Further Action by Insurer/Employer, or Form RFA-2."

Work Comp News 032426

Secrecy in municipal claims, active employers benefit, how big is workers' compensation, and inflated drug prices Letter: Inglewood worker's comp claims shrouded in secrecy | 2 Urban Girls "The agenda center shows an ad hoc “Workers Comp Claim Review Committee” that clandestinely meets in the Finance Conference room but the public is not able to attend." Active Employer Involvement Can Cut Workers' Compensation Costs - Risk & Insurance "employers who understand where their involvement matters most can materially affect a claim’s length, cost, and long-term impact on their business." What's the Current State of Workers' Comp? Small, but Mighty: Hartwig "'Workers' comp is materially smaller than it used to be, but it's mighty.' Hartwig said during WCRI's day 2 keynote session. 'Workers' comp has served as a calm and stable refuge.'" Goldstein: Inflated, Unrealistic Drug Prices Engorge Comp Settlements W...

Work Comp News 03.23.26

KY Immunity, LA Crackdown, Control of Contractors, and a Disciplined Judge 'Up-the-Ladder' Immunity Prevents Ky. Worker from Suing for 700-lb Cart Injuries "Did a manufacturer who contracted for the delivery and transportation of raw materials qualify as a "contractor"" Judges Should not Practice Law "Judge Clermont admits that, on April 11, 2025, he represented a friend at a first appearance proceeding in Broward County after the friend’s arrest for domestic violence. Judge Clermont negotiated with the assistant state attorney prosecuting the case, presented argument to the court in favor of a proposed bond, and offered unsubpoenaed character testimony on behalf of the friend." Los Angeles County cracking down on work injury fakers "Los Angeles is one of the top three cities in the nation for fraudulent workers’ compensation accidents and claims, after Las Vegas and Jacksonville, Florida" Court affirms dismissal of lawsuit following wor...

Employment Law 03.20.26

Course and Scope, Side Gigs, Undocumented and lost earnings, Deviating from Guides Could Trucker Injured 34 Minutes before Punching in Obtain Worker's Comp? "The company argued the injury didn’t occur in the course of employment because driver wasn’t on the clock and was not authorized to work at the time he was hurt." Side Gigs for Docs: Earning Extra Income From Chart Review - Medscape "In a Medscape survey report, 39% of physicians said they had side jobs." Federal appeals court denies deportation relief for injured Missouri worker "The accident led to a workers compensation claim and medical evaluations related to his ability to return to work." Washington Senate votes to send medical treatment bill to governor - Business Insurance "bill would allow network providers to deviate from coverage decisions issued by the Department of Labor and Industries, as well as the agency’s medical treatment guidelines and medical policies"

Work Comp News 03.19.26

CT and CA failure to secure, Nebraska dope, and the old independent contractor rule. CT business owner arrested for allegedly failing to provide workers' compensation insurance "The offense is punishable by one to five years in prison and a fine of up to $5,000" Owners of Southern California towing empire arrested in $6 million fraud scheme "Authorities allege the brothers systematically underreported employee wages to avoid paying millions of dollars in required workers' compensation insurance" Should Nebraska doctors who recommend medical marijuana treatments be protected? "no Nebraska doctors have given out prescriptions in the months since due to fear that officials who oppose the practice might try to have their medical licenses revoked." Employment Law Update: The DOL Seeks to Revert to Former Independent Contractor Rule "The U.S. Department of Labor (DOL) just threw a lifeline to organizations that use independent contractors."

Employment News 031826

Hospital closures, Reducing GLP1- cost, Enforcement on misclassification, Access to Care, and AI impact on Google Rankings Hospital Closures and Impact on Outcomes – 2nd Session - WorkersCompensation.com "Hospital closures are occurring nationwide. " How Employers Can Reduce, Stabilize GLP-1 Costs | PLANSPONSOR "A study from health science journal Nutrition & Diabetes revealed the cost of excess body weight is steep" House Jobs Committee examines economic costs and enforcement of employee misclassification "Worker misclassification is the illegal practice of treating employees as independent contractors" Access to Care Challenges? WCRI Panel Shares Tips - WorkersCompensation.com "possible solutions to getting injured workers in front of providers quicker, including by having the providers come to the workers" New Study Finds AI Content Has No Statistically Significant Impact on Law Firm Google Rankings “For the past two years, the loudest co...

Work Comp News 031726

A painter's fraud, Amputations on the rise, Change in contractor regulations, How to assist injured workers, and Commercial lines cooling.  Painter Admits He Fraudulently Collected $10K in Workers' Comp After Returning From Injury "claimed he could not work because of an ankle injury sustained in his work as a painter collected more than $10,000 in workers’ compensation wage replacement benefits while concealing he was back on the job." Workplace amputations are on the rise | TPR - Texas Public Radio "More than 26,000 workers — an average of seven per day — suffered workplace amputations from 2015 through 2024" Agencies drop Biden-era rules on gig workers, joint-employers - HR Brew "The decisions could have implications for HR teams at organizations that employ large shares of independent contractors" What Should Employers do to Help Workers Beat Challenges? WCRI Panel Weighs In "broke down what employers can do to make a workers’ journey from...

Employment News 031626

Claims cost up if Medicaid lost, Nevada rate increase Failure to defend in New York, Increased rates for trucking, and Discovery changes in New York.  WCRI research shows uptick in comp costs as workers lose Medicaid coverage " Loss of Medicaid coverage was associated with a 2% to 3% increase in medical payments per workers compensation claim" Nevada's 21.6% workers comp hike followed years of cuts - Business Insurance "claim frequency flattened and severity rose" Taxi Insurer Failed to Defend Uber in Crash Cases, Judge Says - Claims Journal "breached its duty to defend Uber in 23 lawsuits brought against the rideshare company" Insurance Rates Jump: Truckers Pay the Price For Bargain Years | Heavy Duty Trucking "a few reports of price hikes as high 25-30% -- mainly for liability and workers’ compensation" Proposed NY WCB Deposition Rule Changes: What Should Carriers Be Preparing For? "If adopted, these changes will directly affect how c...

News 031326

Older workers, Bigger legal bill, New Jersey liens, Election of Remedies, and New York expansion What a rise in older workers means for comp - Business Insurance "Older workers tend to be more experienced and 'less risky in their behaviors,' he said, but recovery is often slower" Utah court orders workers' comp insurer to pay bigger legal bill "when a worker recovers money from a third-party lawsuit, the costs of securing that recovery must be split proportionately among all parties with a financial stake" Employer Lien on Benefits Valid Even If Workers' Comp Claim Is Rejected | Law.com "An employer that rejects a workers' compensation claim can still assert a lien for benefits paid to the employee while the matter was under investigation" Worker's Choosing Comp Blocks his Path to Gross Negligence Action under Okla. Law "According to the court, the worker's gross negligence claim violated Oklahoma's exclusivity provisi...

News 031226

Psych injury changes, The contractor coverage gap, Increased benefit in VA, Maryland offset denied, and Access to Care suffers. NSW's psych injury reset: What the new workers' comp rules mean for brokers "As the state locks in tougher thresholds and sharper tests for psychological injury claims, brokers and insurers are being pushed toward evidence, prevention and management practices" Independent Contractors and the Workers' Comp Coverage Gap | DCReport.org "Millions of people today make a living through app-based platforms, freelance marketplaces, as well as contract-based industries. " Virginia passes bill to increase comp burial expenses - Business Insurance "would increase burial expenses from $10,000 to $15,000." Maryland court shuts down county's bid to offset workers' comp costs - Human Resources "Government employers cannot use partial disability retirement benefits to cancel out workers' compensation awards" Acce...

News 03.11.26

Connecticut first responders, Colorado safety legislation, Drug databases in all states, Scammers in Texas, and a skydiving LAPD accusation' Conn. bill would require study of delays in first responder claims - Business Insurance "would direct the state Workers’ Compensation Commission to examine the causes of undue delay in such claims." Legislators move to give state new oversight of workplace-safety rules took the first step to do so Thursday with committee approval of a bill to push Colorado into uncharted territory. All states have drug monitoring in place, strategies vary: WCRI - Business Insurance "All 50 states and the District of Columbia now operate prescription drug monitoring programs" Scammers posing as state officials target Texas workers in benefits payment scheme "scammers impersonating state workers' compensation officials and pressuring victims to pay bogus fees to access their benefits" Prosecutors Say LAPD Officer Collected Disab...

News 031026

 Defense Base Act, Colorado bills to watch, Trademarking your voice, Death in construction, and Defending META Defense Base Act: Statutory Protection for Workers - The National Law Review " liability for worker injuries is addressed through statutory workers’ compensation systems. FAR 52.228-3 " The 2026 Colorado Legislature: Key Labor & Employment Bills for Employers to Watch "these bills would expand worker protections and require certain employers to update their policies or procedures" Beyond Names and Logos - Non-Traditional Trademarks You May Already Be Using "Sound marks have traditionally been tied to specific products or services, such as a jingle or an audio logo. Here, McConaughey is stretching sound mark protection" Death and Destruction at Orlando I-4 Project But Punitive Damages Not Allowed "the deaths of five workers and significant injuries for others, along with damage to vehicles." Insurers owe no duty to defend Meta in soci...

News 030926

Age in impairment, California fee schedule, Changes in US independent contractor regs, Iowa decision on medical authorization Did Collision between Forklift, 'Father Time,' Produce Permanent Disability? "'It is an axiom that Father Time is undefeated,' the court said." DWC posts adjustments to the Official Medical Fee Schedule (Hospital Outpatient ... "posted an order adjusting the Hospital Outpatient Departments and Ambulatory Surgical Centers section of the Official Medical Fee Schedule" Regulatory Whiplash Continues: DOL Proposes Yet Another Independent Contractor ... - JD Supra "The U.S. Department of Labor (“DOL”) has issued a proposed rule that would rescind the Biden administration’s 2024 independent contractor rule " Employer can contest causation before authorizing alternate care: Iowa appeals "an employer that disputes liability for a worker’s subsequent medical condition cannot be compelled to provide alternate medical care ...

News 03.06.26

Louisiana Legislation, Tennessee statutory employment, NC Cancer allegations, the small print, California staffing bill  'LaPolitics': Will the debate over workers' comp be different this session? - Baton Rouge ... "Hopefully, this also means injured workers would be able to return to work faster. The bill would not affect benefits for workers" Tennessee court revives injury suit after comp immunity rejected - Business Insurance " the state Supreme Court determined the retailer was not the injured worker’s statutory employer." NC State seeks dismissal of Poe Hall cancer lawsuit | Raleigh News & Observer "They claim that NC State knew, or should have known, that the chemicals used to construct the building — known as PCBs — could cause cancer" On Misfortune, Fine Print and Fifteen Uninsured Years - Risk & Insurance "The hefty premiums paid for no health insurance for many years still irks, but not much" Advocates speak out in f...

News 03.04.26

General releases, Stolen benefits alleged, OSHA recommendations, Excess insurance, live science research, and AI bots Enforcing Broad Employment Releases Executed with Workers' Compensation Settlements ... "Her claimed subjective belief that the release covered only workers’ compensation claims could not overcome the release’s unambiguous language." Coral Gables manaccused of cashing deceased father's workers' comp benefits According to an arrest report, Todd Luis Calderin, 44, was his father’s caretaker and managed his father’s workers’ comp benefits. 5 Ways to Reduce Workers' Compensation Claims on Your Farm - Growing Produce "OSHA breaks down its recommended practices for creating a safe workplace into five key steps" 4 Key Developments to Track in the Excess Insurance Market This Yea - Insider Paper "The truth is that nothing is truly predictable in 2026." The Perfect blend: How I found my way into insurtech "Over a third of Americ...

News 03.02.26

Physician dispensing,  AI solution, Summary judgment on concealment, workplace deaths, moonlighting on comp, and a ranch hand allergic to meat FL appeals court pulls the plug on physician dispensing in workers' comp "Are doctors considered pharmacists, allowed to dispense medications to injured workers, often at a higher price?" New Gradient AI Solution Provides AI-Powered Workers' Compensation Claims ... - Business Wire "benchmarking solution is grounded in real claims data – providing defensible, data-driven decision-making for enhanced claims oversight." Summary Judgment Upheld: Workers' Compensation is Exclusive Remedy in Municipal ... - JD Supra "held that the city did not fraudulently conceal injuries from the employees." Workers Killed in Separate Accidents at Work - WorkersCompensation.com Accidental deaths reported in multiple jurisdictions. Worker moonlighting on workers' compensation loses unfair dismissal claim "he had perf...