Thomas A. Robinson reviews some of the key legislative changes affecting workers' compensation law that have occurred between January and May 2008.

Probably the hottest topic relates to abuses and perceived abuses in the misclassification of employees as independent contractors.  Legislation to restrict that practice—particularly within the construction industry—has been recently passed, or is being considered, by a number of states, including Michigan, New Hampshire, Pennsylvania, Tennessee, Utah, Vermont, and Washington.  Proposed federal legislation is also currently pending in both the United States Senate and the House of Representatives.

Late in 2007, the American Medical Association published the Sixth Edition of its Guides to the Evaluation of Permanent Impairment (the AMA Guides).  Some state workers' compensation laws, such as Kentucky 's, require the utilization of the most recently published editions.  Claimants' groups have been critical of the new Guides, claiming that their use results in unfair and inequitable reductions in disability benefits.  Several states have passed legislation delaying the use of the new edition, pending further study and analysis.

Some "non-workers' comp" legislation affects—if only indirectly—our field.  For example, the Florida legislature recently enacted—and the Governor signed—controversial gun legislation that generally allows employees and independent contractors to take loaded weapons to work as long as they have concealed weapon (CCW) permits and as long as the weapons are locked in a private vehicle.  While the legislation purports to contain a provision granting indemnity to employers, it remains to be seen if the employers may be subjected to tort suits for failure to maintain safe work environments.  's broad new law, signed by the Governor in mid-May, similarly allows the carrying (and sometimes concealment) of weapons in a broad range of locations within the state, including company parking lots.  This legislation is similarly being watched by workers' compensation groups.  Missouri added a law that prohibits employers (and others) from requiring the subcutaneous implantation of microchips for identification purposes.

Caution: This is not intended to be an exhaustive summary of all workers' compensation legislation enacted by the states.