LexisNexis Workers' Compensation: Workers' Compensation

CA: DIR Announces Development of New Compliance Monitoring Unit for Public Works Projects

LexisNexis Workers' Compensation Law Center Staff — Tue, 24 Nov 2009 23:03:14 GMT

SAN FRANCISCO, CA —The Department of Industrial Relations (DIR) today announced the development of the new Compliance Monitoring Unit which is being created following changes in California ’s labor compliance monitoring for public works projects. The changes have been establishe

TX Gov. Reiterates Need To Reduce Federal Claims Backlog For Veterans

workerscompensation.com — Tue, 24 Nov 2009 16:52:04 GMT

Waco, TX (CompNewsNetwork) - Gov. Rick Perry today emphasized the need to simplify veterans’ transition back into civilian life by reducing the number of claims pending at the U.S. Department of Veterans Affairs (VA) regional offices in Waco and Houston. This month, the governor announced

NY Case: Is An Electricity Generating Turbine Barge A Vessel?

workerscompensation.com — Tue, 24 Nov 2009 16:43:33 GMT

New York, NY (CompNewsNetwork) - In this appeal, The New York Court of Appeals are called upon to determine whether a barge containing an electricity generating turbine is a vessel under 33 USC § 905(b) of the Longshore and Harbor Workers' Compensation Act (LHWCA) and whether that provision

OR ID Amends Admin Rules Relating To WC Rates

workerscompensation.com — Tue, 24 Nov 2009 16:41:49 GMT

Portland, OR (CompNewsNetwork) - The Oregon Insurance Division recently filed with the Secretary of State permanent rules regarding employer rating groups, rates and ratemaking, and workers' compensation rates and ratemaking. The rules eliminate obsolete provisions and streamline procedures

US DOL Fines Grain Operation More Than $1.6M Following Teenage Worker's Death

workerscompensation.com — Tue, 24 Nov 2009 16:39:39 GMT

Denver, CO (CompNewsNetwork) - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) and the Wage and Hour Division together have fined Tempel Grain Elevators LLP of Wiley, Colo., more than $1.6 million following the May 29 death of a teenage worker at the company's Has

CA: DWC Posts Fund Assessment Rates for Fiscal Year 2009/10

LexisNexis Workers' Compensation Law Center Staff — Tue, 24 Nov 2009 14:56:10 GMT

OAKLAND, CA - The CA Division of Workers’ Compensation (DWC) has posted the fiscal year 2009-2010 assessment rates for the Workers' Compensation Administration Revolving Fund (WCARF) and other funds on its Web site. Insurance companies and self-insured employers will also receive assessment

TN: GOP Lawmakers Seek Special Session to Delay Implementation of Workers' Comp Requirement for Contractors

LexisNexis Workers' Compensation Law Center Staff — Tue, 24 Nov 2009 09:58:00 GMT

NASHVILLE, TN - As reported in The Tennessean , GOP lawmakers in the House of Representatives have told other lawmakers that they may be asked to come back to Nashville next month for a special session in order to delay implementation of a law to require contractors to carry workers' compensa

CANADA: Insurer Cites Facebook Photos in Terminating Worker's Long-Term Sick Leave Benefits

LexisNexis Workers' Compensation Law Center Staff — Mon, 23 Nov 2009 22:09:53 GMT

QUEBEC, CANADA - Manulife, the insurance company for IBM in Bromont, Quebec, has terminated the long-term sick leave benefits for an IBM worker, who was diagnosed with major depression, after finding pictures on the worker's Facebook page, showing she was having a good time at a bar and a

WI Supreme Court Accepts Two New WC Cases

workerscompensation.com — Mon, 23 Nov 2009 16:28:20 GMT

Madison, WI (CompNewsNetwork) - The Wisconsin Supreme Court has voted to accept two new workers' compensation cases. The case numbers, issues, and counties of origin for the newly granted cases are provided below. Court of Appeals’ opinions/certification memos available online for the n

NJCRIB Approves Revision of Rates And Rating Values

workerscompensation.com — Mon, 23 Nov 2009 16:26:25 GMT

Trenton, NJ (CompNewsNetwork) - The NJ Commissioner of Banking and Insurance has approved a revision of manual rates and rating values applicable to New Jersey workers compensation and employers liability insurance effective January 1, 2010 on a new and renewal basis. MANUAL RATES The

FINEOS Extends Leadership In WC Claims With US Solution

workerscompensation.com — Mon, 23 Nov 2009 16:25:13 GMT

New York, NY (CompNewsNetwork) - FINEOS Corporation, the global provider of innovative enterprise software solutions for insurance, today announced the release of its new product to manage claims for workers’ compensation claims in the US. The new product was launched at the annual National

SC WCC Updates Medical Services Provider Manual

workerscompensation.com — Mon, 23 Nov 2009 16:23:33 GMT

Columbia, SC (CompNewsNetwork) - On May 22, 2009 a notice of public interest was published in the State Register and posted on the South Carolina's Workers' Compensation Commission’s website announcing the Commission was in the process of updating the Medical Services Provider Manual

AK: Supreme Court Says Prison Guard Threatened With Sharpened Pencil Entitled to Workers' Comp

LexisNexis Workers' Compensation Law Center Staff — Mon, 23 Nov 2009 09:40:58 GMT

ANCHORAGE, AK - As reported in the Anchorage Daily News , the Alaska Supreme Court recently held that a former prison guard who was threatened by a convicted murderer intoxicated on hair spray and armed with a sharpened pencil is entitled to workers' compensation for mental injury. Lexis.

MD: MIA Fraud Division Chief Seeks to End Immunity in Workers' Comp Fraud Cases

LexisNexis Workers' Compensation Law Center Staff — Mon, 23 Nov 2009 09:26:15 GMT

BALTIMORE, MD - Carolyn Henneman, head of the Maryland Insurance Administration Fraud Division, says she wants to end the loophole in the law that grants immunity to those testifying on workers' compensation fraud before the Maryland Workers' Compensation Commissino. Source: Insurance & Fin

OH: BWC Says Rate Reform Has Made Positive Impact on State's Economic Competitiveness

LexisNexis Workers' Compensation Law Center Staff — Sun, 22 Nov 2009 22:57:04 GMT

COLUMBUS, OH - The Bureau of Workers' Compensation, which in July had approved the first workers' comp rate reduction in seven years, says rate reform has had a positive impact on the business climate in the state, strengthening its position for new investment to the state. Source: &nb

CA: Governor Announces Five Appointments to State Fund Board of Directors

LexisNexis Workers' Compensation Law Center Staff — Sat, 21 Nov 2009 10:59:20 GMT

SACRAMENTO, CA - Governor Arnold Schwarzenegger on Friday announced the following appointments to the State Compensation Insurance Fund: Don Garcia , 45, of Tustin, has been appointed to the State Compensation Insurance Fund Board of Directors. Since 2000, he has

FLASH! CA: WCAB Issues En Banc on Utilization Review Procedures and Spinal Surgery

LexisNexis Workers' Compensation Law Center Staff — Thu, 19 Nov 2009 20:13:24 GMT

SAN FRANCISCO, CA - The California Workers' Compensation Appeals Board issued an en banc decision: Jesus Cervantes v. El Aguila Food Products, Inc., Safeco Insurance Co. of Illinois, Superior National Insurance Co., In Liquidation, California Insurance Guarantee Association, and Broadspire

NY: WCB Begins Acceptance of Email Filing of WCB Claims Documents

LexisNexis Workers' Compensation Law Center Staff — Fri, 20 Nov 2009 14:11:53 GMT

ALBANY, NY - The New York State Workers’ Compensation Board issued the following memorandum: The Workers' Compensation Board now allows documents related to claims for compensation to be filed with the Board as email attachments. Documents related to non-claims matters may not be fil

Award-Winning Risk Managers Share Cite Best Practices in Workers' Comp Risk Management

LexisNexis Workers' Compensation Law Center Staff — Fri, 20 Nov 2009 11:50:18 GMT

The third annual National Underwriter Award For Excellence In Workers’ Compensation Risk Management—sponsored by the National Council on Compensation Insurance—was presented to Starwood Hotels & Resorts Worldwide, this year’s award Champion. Also honored were INTEGRIS

PwC Says Insurance Industry Is Second Most Fraud-Prone Industry Sector

LexisNexis Workers' Compensation Law Center Staff — Fri, 20 Nov 2009 11:43:01 GMT

NEW YORK - The insurance industry was the second most fraud-prone industry sector behind communications according to a global economic crime survey released yesterday by PricewaterhouseCoopers. Read more at the National Underwriter

CA: Supreme Court Denies Review and Request to Depublish in Voc Rehab Case

LexisNexis Workers' Compensation Law Center Staff — Fri, 20 Nov 2009 11:18:25 GMT

SAN FRANCISCO, CA - The California Supreme Court on 11/19/2009 has denied the injured worker's petition for review and petition to depublish in Beverly Hilton Hotel v. W.C.A.B. (Boganim), 74 Cal. Comp. Cases 927 , in which the Court of Appeal, Second Appellate District, annulling the WCAB's decisi

NH: State Agencies Join Forces to Prevent Misclassification of Workers

LexisNexis Workers' Compensation Law Center Staff — Fri, 20 Nov 2009 02:01:36 GMT

MANCHESTER, NH - As reported in the Union Leader , four state agencies are coordinating efforts to enforce laws to stop the misclassification of workers by businesses as a way to avoid various payroll taxes and the cost of workers' compensation insurance. Access NH Task Force website

MT: State Fund Authorizes $2 Million in Dividend Payments

LexisNexis Workers' Compensation Law Center Staff — Thu, 19 Nov 2009 18:59:55 GMT

HELENA, MT - The Montana State Fund board has authorized a $2 million dividend payment to over 15,000 policyholders. Read more at the Missoulian

CA: DWC Posts Approved EAMS OCR Forms Vendor List

LexisNexis Workers' Compensation Law Center Staff — Thu, 19 Nov 2009 18:37:43 GMT

OAKLAND, CA - A comprehensive testing procedure for vendor-developed optical character recognition (OCR) forms used in the Electronic Adjudication Management System (EAMS) has been completed. The testing, which took place at Division of Workers’ Compensation (DWC) headquarters in Oakland an

IL: Cook County Approves Settlement of Custodian's Workers' Comp Claim for "Toilet Paper Injury"

LexisNexis Workers' Compensation Law Center Staff — Thu, 19 Nov 2009 10:13:15 GMT

COOK COUNTY, IL - The Chicago Sun-Times reports that, in a settlement reached Wednesday, "Cook County taxpayers will write a $14,022 check to a custodian who claims she twice injured her back by 'reaching around to pick up a piece of toilet paper'." County Commissioner Bridget Gain

US DoL Welcomes GAO's Report on Under-Reporting of Workplace Injuries and Illnesses

LexisNexis Workers' Compensation Law Center Staff — Thu, 19 Nov 2009 09:39:54 GMT

WASHINGTON - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) welcomes the Government Accountability Office's (GAO) report on the under-reporting of workplace injuries and illnesses and OSHA's audit process. The report identifies a number of factors that may co

HI: AIG Hawaii to Become Farmers Insurance Hawaii Effective 1/1/2010

LexisNexis Workers' Compensation Law Center Staff — Wed, 18 Nov 2009 22:36:41 GMT

HONOLULU, HI - The Honolulu Star-Bulletin reports that, effective January 1, 2010, AIG Hawaii Insurance Co. will roll out its new name and logo as Farmers Insurance Hawaii Inc., reflecting its new ownership and distancing itself from its former parent AIG. Farmers Insurance Hawaii Inc.

TX: State Senator Hegar Formally Begins Tenure as Chair of Sunset Advisory Committee

LexisNexis Workers' Compensation Law Center Staff — Wed, 18 Nov 2009 22:13:11 GMT

AUSTIN, TX - On Tuesday, State Senator Glenn Hegar (R-Katy) began his tenure as chair of the Sunset Advisory Committee, which will review 28 state agencies, including the Texas Department of Insurance and the Texas Division of Workers' Compensation, during the next year and a h

CA: Zenith Files for 2.7% Rate Increase Effective 1/1/2010

LexisNexis Workers' Compensation Law Center Staff — Wed, 18 Nov 2009 22:00:11 GMT

WOODLAND HILLS, CA - Zenith Insurance Company has filed for an average increase of 2.7% in workers' compensation rates effective January 1, 2010. Read more

CA: LAO Report Says State's Fiscal Outlook for 2010-2011 Impacted by State's Inability to Sell State Fund

LexisNexis Workers' Compensation Law Center Staff — Wed, 18 Nov 2009 16:46:36 GMT

SACRAMENTO, CA - The Legislative Analyst Office has released a report on California's 2010-2011 fiscal budget, finding that the vast majority of new budget problems it identified for 2009-2010 can be attributed to the state's inability to implement several major solutions in the July 2009 budget pl

CA: CAAA President Says Tens of Thousands of California Work Injuries Unreported Each Year

LexisNexis Workers' Compensation Law Center Staff — Wed, 18 Nov 2009 09:48:31 GMT

SACRAMENTO, CA - Adam Dombchik, President of the California Applicants' Attorneys Association, says that the new U.S. Government Accountability Office report finding that on-the-job injuries often go unreported likely means that tens of thousands of California work injuries go unreported each year.

WV: Lawmakers Debate Workers' Comp Changes at Public Hearing

LexisNexis Workers' Compensation Law Center Staff — Wed, 18 Nov 2009 00:46:21 GMT

CHARLESTON, WV - As reported in The Charleston-Gazette , the Legislature's Joint Judiciary Committee held a hearing on Tuesday evening to discuss how an increasing number of injured workers are unable to obtain medical treatment under new state rules created after a 2005 law privatized the state's

A.M. Best Affirms Ratings of Employers Holdings, Inc. and Its Subsidiaries

LexisNexis Workers' Compensation Law Center Staff — Wed, 18 Nov 2009 00:41:51 GMT

RENO, NV - Employers Holdings, Inc., a holding company with subsidiaries that are specialty providers of workers' compensation insurance and services, has announced insurance rating bureau A.M. Best has affirmed the financial strength rating of A- (Excellent) and issuer credit ratings (ICR) of &quo

NE: Overseas Hackers Suspected in Breach of Computer Server at Workers' Compensation Court

LexisNexis Workers' Compensation Law Center Staff — Wed, 18 Nov 2009 00:24:24 GMT

OMAHA, NE - The Omaha World-Herald reports that overseas computer hackers are the main suspects in the breach of a computer server last week at the Nebraska Workers’ Compensation Court.

FL DWC Includes Changes To WC Medical Service Draft Rule

workerscompensation.com — Tue, 17 Nov 2009 16:04:08 GMT

Tallahassee, FL (CompNewsNetwork) - A Notice of Change for Rule 69L-7.602, Florida Administrative Code, was published. The rule, titled the Florida Workers' Compensation Medical Services, Billing, Filing and Reporting Rule, includes changes that have been made to address concerns expressed at the pu

OSHA Issues Final Rule Revises Acetylene Standard

workerscompensation.com — Tue, 17 Nov 2009 16:01:21 GMT

Washington, DC (CompNewsNetwork) - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has revised its acetylene standard. A final rule replaces references to outdated industry standards with updated references reflecting current industry practices. "T

MT: Was State Supreme Court's Decision Correct in Liberty vs. MSF?

workerscompensation.com — Tue, 17 Nov 2009 16:00:03 GMT

Helena, MT (CompNewsNetwork) - In the Supreme Court of Montana, Liberty Northwest Insurance Corporation (Liberty) appeals from a decision of the Montana Workers’ Compensation Court (WCC) finding it liable for the low-back condition of Gary Mitchell (Mitchell). The Montana Supreme Court affirm.

GAO Says Enhancing OSHA’s Records Audit Process Could Improve Accuracy of Worker Injury and Illness Data

LexisNexis Workers' Compensation Law Center Staff — Tue, 17 Nov 2009 00:45:16 GMT

WASHINGTON, D.C. – The Government Accountability Office released a report Monday calling into question workplace injury and illness data compiled by OSHA each year. The GAO’s summary states in pertinent part: DOL verifies some of the workplace injury and illness data it collects f

TX Medical Board Disciplines 75 Doctors And Issues 669 Licenses

workerscompensation.com — Mon, 16 Nov 2009 16:06:35 GMT

Dallas, TX (CompNewsNetwork) - Since its August 20-21 board meeting, the Texas Medical Board has taken disciplinary action against 75 licensed physicians. The actions included 21 violations based on quality of care; 12 actions based on unprofessional conduct; three nontherapeutic prescr

Ingenix Corrects Fee Schedules Error

workerscompensation.com — Mon, 16 Nov 2009 16:05:37 GMT

Chicago, IL (CompNewsNetwork) - In September, Ingenix has posted new rates for the 2009 anesthesia fee schedule. Instead of applying the 2009 increase of 5.37% to the 2008 rates, it erroneously applied it to the 2007 rates. On average, the conversion was miscalculated by -$1.79 per unit. Ea

NC’s Injury And Illness Rate Drops To New Low

workerscompensation.com — Mon, 16 Nov 2009 16:03:31 GMT

Raleigh, NC (CompNewsNetwork) - North Carolina’s private industry continues to improve its injury and illness rate due in large part to efforts statewide to implement stronger workplace safety and health programs. The 2008 annual nonfatal injury and illness rate dropped from 3.7 in 2007 to 3.4

CA: Insurance Commissioner Announces San Diego Woman Sentenced In Felony Grand Theft Case

LexisNexis Workers' Compensation Law Center Staff — Mon, 16 Nov 2009 12:47:46 GMT

SACRAMENTO, CA - Insurance Commissioner Steve Poizner today announced that Louise May Batchelor, 55, of San Diego was sentenced Nov. 6 to 365 days of work furlough, five years probation and ordered to pay restitution totaling $24,375 to four victims after pleading guilty to two felo

Ban on Misuse of Genetic Testing by Employers Takes Effect 11/21/2009

LexisNexis Workers' Compensation Law Center Staff — Mon, 16 Nov 2009 09:55:07 GMT

As reported in The New York Times , the Genetic Information Nondiscrimination Act (GINA) takes effect Nov. 21 for all employers with 15 or more employees. The act also applies to group health insurers whose plan years begin on or after Dec. 7, but does not apply to life insurers. The act already t

OR: Conflicting State and Federal Law on Medical Marijuana Create Confusion for Workplace Alcohol and Drug Policies

LexisNexis Workers' Compensation Law Center Staff — Sun, 15 Nov 2009 10:50:26 GMT

Oregon - As reported in the Ashland Daily Tidings , attorney Paula Barran recently told a gathering of The Chamber of Medford/Jackson County that the conflicts in state and federal laws on the medical marijuana issue have made it difficult for employers in Oregon to articulate and enforce workplac

WY: Legislative Committee to Vote on Controversial Bill Regarding Negligence of Oil and Gas Operators

LexisNexis Workers' Compensation Law Center Staff — Sun, 15 Nov 2009 10:31:31 GMT

CASPER, WY - As reported in the Billings-Gazette , on Monday the Joint Judiciary Committee will vote on a controversial bill called "Duty owed to employees of independent contractors", which supporters say would make oil and gas operators accountable for their portion of negligence,

WV: Lawmakers to Revisit 2005 Reforms Denying Legal Representation for Injured Workers

LexisNexis Workers' Compensation Law Center Staff — Sun, 15 Nov 2009 10:22:32 GMT

CHARLESTON, WV - As reported in the Gazette-Mail , on Tuesday the the Joint Senate-House Judiciary Subcommittee plans to discuss why injured workers are unable to hire lawyers to represent them when insurance companies deny them workers' compensation benefits to seek medical care.

CO: Pinnacol Assurance Board Takes Positions on Interim Committee Bills

LexisNexis Workers' Compensation Law Center Staff — Sat, 14 Nov 2009 19:31:56 GMT

DENVER, CO - The Pinnacol Assurance Board of Directors has voted to support two and oppose five of the bills recommended by the Interim Committee Studying Issues Related to Pinnacol Assurance. The announcement was made by Gary Johnson, Pinnacol’s board chair. The board will support the

OR DCBS's Interactive Report Online

workerscompensation.com — Fri, 13 Nov 2009 16:39:46 GMT

Portland, OR (CompNewsNetwork) - The Oregon Department of Consumer and Business Services has updated a new interactive report provides descriptions of workplace fatalities covered by Oregon workers' compensation system and allows the user to select fatalities by industry, event of injury

OR Releases Insurer Notice Regarding the EAIP

workerscompensation.com — Fri, 13 Nov 2009 16:38:20 GMT

Portland, OR (CompNewsNetwork) - The Oregon's Workers’ Compensation Division recently investigated an insurer for failure to notify employers and injured workers about the Employer-at-Injury Program (EAIP) as required in Oregon Administrative Rule (OAR) 436-105-0500. EAIP offers Ore

OR Posts Insurer Notice Regarding Non-Disabling Claims Reimbursement

workerscompensation.com — Fri, 13 Nov 2009 16:37:02 GMT

Portland, OR (CompNewsNetwork) - The Oregon's Workers’ Compensation Division recently investigated an insurer for its failure to notify employer policyholders about the option to reimburse the insurer for medical service costs on non-disabling claims. This notification is requir

AZ: ADOSH to Improve Inspections Of Workplaces

workerscompensation.com — Fri, 13 Nov 2009 16:35:16 GMT

Phoenix, AZ (CompNewsNetwork) - The Arizona Division of Occupational Safety and Health (ADOSH) is given the responsibility to enforce the requirements of the Arizona Occupational Safety and Health Act. This includes enforcement of the requirements that employers comply with OSHA standards and regula

NY: WCB Says It Won’t Approve Medicare Hold Harmless Language in Section 32 Agreements

LexisNexis Workers' Compensation Law Center Staff — Fri, 13 Nov 2009 11:28:10 GMT

ALBANY, NY - The New York State Workers’ Compensation Board released this statement as part of Subject Number 046-372 : The Board has been asked about the use of indemnification or hold harmless provisions in Section 32 agreements to protect a carrier or employer from liability for Med

Marsh & McLennan Reaches $400 Million Settlement With Ohio and New Jersey Pension Funds

LexisNexis Workers' Compensation Law Center Staff — Fri, 13 Nov 2009 11:06:58 GMT

COLUMBUS, OH - Ohio Attorney General Richard Cordray today announced a $400 million settlement in the class action securities lawsuit against Marsh & McLennan Companies, Inc., Marsh Inc., and former company executives Jeffrey Greenberg and Roger Egan (collectively “Marsh”). The sett

GA: Liquidated Workers' Comp Insurer Terminated Its Reinsurance at Expense of Seriously Injured Workers

LexisNexis Workers' Compensation Law Center Staff — Fri, 13 Nov 2009 10:58:20 GMT

ATLANTA, GA - Georgia Public Broadcasting reports that at the end of 2007, the now liquidated Southeastern U.S. Insurance Co. (SEUS) terminated its multimillion dollar reinsurance policy covering clients that had been seriously injured on the job. SEUS's contract with Imagine Reinsurance

Expert Says Health Care Reform Bill Is 'Trial Lawyer's Dream', Could Impact P/C Industry

LexisNexis Workers' Compensation Law Center Staff — Fri, 13 Nov 2009 10:38:32 GMT

NEW YORK, NY - As reported by the National Underwriter , Robert Hartwig, the President of the Insurance Information Institute, gave a presentation at this week's National Underwriter/Ernst & Young 21st Annual Executive Conference for the Property and Casualty Industry, in which he s

CA: State Fund Announces Pandemic Planning Seminar Series

LexisNexis Workers' Compensation Law Center Staff — Thu, 12 Nov 2009 23:47:49 GMT

SAN FRANCISCO, CA - In response to recent fears of the H1N1 influenza and a possible pandemic, State Fund has partnered with UC Berkeley's Center for Infectious Disease and Emergency Readiness to offer a series of free seminars statewide helping employers protect their workforces and business opera

CA: Noted Orthopedic Surgeon and Founder of One of the Largest PPOs for Workers' Compensation Dies

LexisNexis Workers' Compensation Law Center Staff — Thu, 12 Nov 2009 23:43:04 GMT

PALOS VERDES, CA - Dr. Max Negri, a noted orthopedic surgeon who specialized in spinal surgery, died Tuesday. Fron 1959 to 1989, Dr. Negri performed extensive clinical research regarding chymopapain lumbar injections and worked closely with radiologists in Torrance on landmark multiplanar diag

Philadelphia Newspapers Seeks to Avoid Workers' Comp Obligations

LexisNexis Workers' Compensation Law Center Staff — Thu, 12 Nov 2009 23:31:03 GMT

As reported in WSJ Blogs , Philadelphia Newspapers LLC, which bought the Philadelphia Inquirer and Daily News from McClatchy Co. in 2006, is seeking approval from the bankruptcy court to cancel a portion of its purchase agreement with McClatchy that would require it to pay workers' compensati

DE: DCRB Revised Form For Executive Officers/LLC Members

workerscompensation.com — Thu, 12 Nov 2009 16:44:51 GMT

Philadelphia, PA (CompNewsNetwork) - The Delaware Compensation Rating Bureau published a revised “Agreement By Executive Officer(s)/LLC Member(s) Not To Be Subject To The Delaware Workers’ Compensation Law,” as approved by the Department of Insurance, is effectiv

MO DoL Corrected Issues With Docketing System

workerscompensation.com — Thu, 12 Nov 2009 16:43:45 GMT

Jefferson City, MO (CompNewsNetwork) - The Missouri Department of Labor and Industrial Relations Division recently experienced some technical difficulties with the computer generated letters from their docketing system…[ read more ]

IL: IWCC Posts 2010 Arbitration Calendars

workerscompensation.com — Thu, 12 Nov 2009 16:42:40 GMT

Chicago, IL (CompNewsNetwork) - The Illinois Workers' Compensation Commission posted the 2010 arbitration calendars. The Commission calendar will be posted in mid-November. NOTE! The Springfield office moved to the Regional Office Building, 4500 S. Sixth St. Frontage Road, Springfield,

CA: Injured Worker Files Reply to State Fund's Appeal of Almaraz-Guzman II En Banc Decision

LexisNexis Workers' Compensation Law Center Staff — Thu, 12 Nov 2009 09:23:54 GMT

FRESNO, CA - The State Compensation Insurance Fund filed a petition for writ of review of the Almaraz-Guzman II en banc decision on 10/19/2009 with the California Court of Appeal, Fifth Appellate District. The attorney for Mario Almaraz filed an answer on 11/5/2009. See court d

CA: Injured Worker Files Reply to Milpitas School District's Appeal of Almaraz-Guzman II En Banc Decision

LexisNexis Workers' Compensation Law Center Staff — Thu, 12 Nov 2009 09:30:54 GMT

SAN JOSE, CA - Milpitas Unified School Districtt filed a petition for writ of review of the Almaraz-Guzman II en banc decision on 10/16/2009 with the California Court of Appeal, Sixth Appellate District. The attorney for Joyce Guzman filed an answer on 11/10/2009. See court doc

TX: TRA Earns $2.9M Texas Mutual Dividend, New Policyholders Earn Share of $75M Texas Mutual Dividend Payout

LexisNexis Workers' Compensation Law Center Staff — Wed, 11 Nov 2009 23:51:40 GMT

AUSTIN, TX - Texas Mutual Insurance Company, the state’s leading provider of workers’ compensation insurance, announced a $2,944,577 dividend to the Texas Restaurant Association (TRA) purchasing group today. TRA has earned $13,815,630 in workers’ compensation dividends since

LA: Claims for Gradual Hearing Loss Not Barred by Workers’ Comp Act

LexisNexis Workers' Compensation Law Center Staff — Wed, 11 Nov 2009 23:39:58 GMT

MONROE, LA - Baron & Budd, P.C. attorneys recently won rulings that workers’ claims against their employers for gradual hearing loss are not barred by Louisiana ’s Workers’ Compensation Act (LWCA). The courts ruled that, while hearing loss from a single traumatic ev

OR-OSHA Reports Update

workerscompensation.com — Wed, 11 Nov 2009 16:52:00 GMT

Portland, OR (CompNewsNetwork) - The "Top 25 Violations" reports for calendar year 2008 show Oregon or Federal safety standards most often cited by OR-OSHA enforcement staff during workplace inspections. The reports provide a short description of each safety standard

OR IMD Published 2008 Defense Legal Costs Of Oregon WC Insurers' Report

workerscompensation.com — Wed, 11 Nov 2009 16:50:11 GMT

Portland, OR (CompNewsNetwork) - The Oregon Department of Consumer and Business Services' Information Management Division released the 2008 Defense Legal Costs Of Oregon Workers' Compensation Insurers' Report. The data are given by insurer class (SAIF, private insurer, and self-insured employer) a

NC: NCRB Adopts Changes to Retrospective Rating Plan Parameters

workerscompensation.com — Wed, 11 Nov 2009 16:48:36 GMT

Raleigh, NC (CompNewsNetwork) - The North Carolina Rate Bureau has adopted and the North Carolina Commissioner of Insurance has approved changes to the Retrospective Rating Plan Parameters. This filing withdraws the four-hazard group system and updates the state hazard group rel

NC: NCRB Adopts Excess Loss Factors

workerscompensation.com — Wed, 11 Nov 2009 16:45:05 GMT

Raleigh, NC (CompNewsNetwork) - The North Carolina Rate Bureau has adopted and the North Carolina Commissioner of Insurance has approved changes to the Retrospective Rating Plan table for Excess Loss Factors. The Retrospective Rating Plan contains an optional provision—an in

U.S. Senator, Banking Committee Democrats Unveil Comprehensive Financial Reform and Insurance Regulation

LexisNexis Workers' Compensation Law Center Staff — Wed, 11 Nov 2009 08:51:51 GMT

WASHINGTON, D.C. - As reported in the National Underwriter , Senator Christopher Dodd (D-Conn), the chairman of the Senate Banking Committee, has unveiled an omnibus financial bill titled "Restoring American Financial Stability", which calls for a study of ways to modernize ins

TN: Attorney General Renders Opinion on New Law for Sole Proprietors and Workers' Comp Coverage

LexisNexis Workers' Compensation Law Center Staff — Wed, 11 Nov 2009 02:09:30 GMT

NASHVILLE, TN - The State Attorney General recently issued its opinion interpreting the 2008 legislative changes to Tenn. Code Ann. § 50-6-113, effective 12-31-2009. The Attorney General said that, under the new law, a sole proprietor with employees is required to carry workers' compensation i

IRS Says FedEx Ground Won't Be Assessed Tax or Penalty for Independent Contractors 2004-2006

LexisNexis Workers' Compensation Law Center Staff — Tue, 10 Nov 2009 21:57:07 GMT

MEMPHIS, TN - FedEx has announced that the IRS audit team will not be assessing any tax or penalty to any of FedEx Ground independent contractors for the Years 2004-2006. The IRS audit team is still reviewing Years 2007-2008. Read more at Logistics Management

CA: CASE Files Reply to Governor in Furlough Fight

LexisNexis Workers' Compensation Law Center Staff — Tue, 10 Nov 2009 19:22:03 GMT

ALAMEDA COUNTY, CA - California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (CASE) has filed its reply to the Governor's argument that employees paid with money outside of the general fund should be furloughed and that the policy has not hurt government servic

CA: SCIF Files for 5% Workers' Comp Rate Increase

LexisNexis Workers' Compensation Law Center Staff — Tue, 10 Nov 2009 19:15:56 GMT

SAN FRANCISCO, CA - The State Compensation Insurance Fund said Tuesday that it has filed for a five percent rate increase effective 1/1/2010. Source: Sacramento Business Journal

CA: Governor Schwarzenegger Issues Statement on Decision to Reject Workers’ Comp Rate Increase

LexisNexis Workers' Compensation Law Center Staff — Tue, 10 Nov 2009 19:06:53 GMT

SACRAMENTO, CA - Governor Arnold Schwarzenegger today issued a statement after Insurance Commissioner Steve Poizner rejected a second request by the Workers’ Compensation Insurance Bureau to increase the Worker’s Compensation Claims Cost Benchmark which would have negatively affected Ca

NC: NCRB Releases WC Loss Costs Filing

workerscompensation.com — Tue, 10 Nov 2009 16:18:26 GMT

Raleigh, NC (CompNewsNetwork) - A loss costs reference filing has been filed with and approved by the North Carolina Commissioner of Insurance to become effective April 1, 2010. The approved prospective loss costs are based on historical data that have been developed and trended to their

NC: NCRB Posts WC Residual Market Rate Filing

workerscompensation.com — Tue, 10 Nov 2009 16:16:22 GMT

Raleigh, NC (CompNewsNetwork) - A September 1, 2009 filing was submitted to the North Carolina Commissioner of Insurance that proposed revised workers compensation insurance residual market rates, rating values and miscellaneous values. The filing proposed an average rate level increase

OR DCBS Determines 2008 WC Claims Cost Tables

workerscompensation.com — Tue, 10 Nov 2009 16:14:08 GMT

Portland, OR (CompNewsNetwork) - The Oregon Department of Consumer and Business Service has posted the 2008 Claims cost tables . Claim costs tables provide average cost and time loss days for accepted disabling claims by resolution year (year of latest claim closure or claim disposition agreeme

OR DCBS Publishes 2008 Accepted Disabling Claims Rates Report

workerscompensation.com — Tue, 10 Nov 2009 16:11:47 GMT

Portland, OR (CompNewsNetwork) - The 2008 report of accepted disabling claims rates is available on the web . The report shows the number of accepted disabling claims, workers’ compensation covered employment, and claims rates per 100 workers for each major industry over a five year p

OR CFOI Releases 2008 Census Of Fatal Occupational Injuries

workerscompensation.com — Tue, 10 Nov 2009 16:07:25 GMT

Portland, OR (CompNewsNetwork) - Census of Fatal Occupational Injuries (CFOI) is a federal program sponsored by the Bureau of Labor Statistics that compiles counts of all fatal work injuries in the U.S. each calendar year. Oregon CFOI tracks all fatal occupational injuries that occur within th

PA: City Council Agrees to $5 Million Settlement With Estate of Slain Police Officer

LexisNexis Workers' Compensation Law Center Staff — Tue, 10 Nov 2009 10:27:41 GMT

EASTON, PA - As reported in The Express-Times , the Easton City Council has agreed to a $5 million settlement with the estate of Jesse Sollman, a police officer who was accidentally shot and killed by a fellow officer inside police headquarters. The insurer for the city had refused to co

GA: CEO Received $10 Million Loan Before Liquidation of Workers' Comp Insurer

LexisNexis Workers' Compensation Law Center Staff — Tue, 10 Nov 2009 10:09:22 GMT

ATLANTA, GA - State officials began investigating Southeastern United Insurance Company (SEUS), the eighth largest workers’ compensation insurer in Georgia, after CEO Clark Fain received a loan from his company for more than $10 million. On November 26, SEUS customers will lose thei

TN: Judge Rules GM Waived Caps on Damages in Employee's Workers' Comp Lawsuit

LexisNexis Workers' Compensation Law Center Staff — Tue, 10 Nov 2009 01:10:54 GMT

MARSHALL COUNTY, TN - A Circuit Court judge has ruled in favor of a local GM employee, holding that the employee was entitled to greater damages than normally allowed under state law because of the way GM had been structured post-bankruptcy. The state law in question caps a company's damages

CA: WCIRB Issues Statement Regarding Insurance Commissioner’s Rejection of Rate Change

LexisNexis Workers' Compensation Law Center Staff — Tue, 10 Nov 2009 00:16:22 GMT

SAN FRANCISCO, CA - On August 18, 2009, the WCIRB submitted a pure premium rate filing to the California Insurance Commissioner recommending a 22.8% increase in advisory pure premium rates ("claims cost benchmark") with respect to new and renewal policies as of the first anniversary ratin

CA: Insurance Commissioner Again Denies Request to Increase Workers' Comp Claims Cost Benchmark

LexisNexis Workers' Compensation Law Center Staff — Mon, 09 Nov 2009 16:26:09 GMT

SACRAMENTO, CA - Insurance Commissioner Steve Poizner today declined a second consecutive request by the Workers Compensation Insurance Bureau (WCIRB) to increase the Workers' Compensation Claims Cost Benchmark. "One in eight Californians is unemployed," said Commissioner Poizner. &qu

CT IC Approves Advisory Loss Costs And Assigned Risk Rates

workerscompensation.com — Mon, 09 Nov 2009 14:23:49 GMT

Hartford, CT (CompNewsNetwork) - Thomas R. Sullivan, the Insurance Commissioner of Connecticut, approved the findings and recommendations of Thomas J. Taggart, for change in Advisory Loss Costs and a Change in Assigned Risk Rates for Workers' Compensation Insurance: A. The 4.6% for

FL DWC Updates FAQs

workerscompensation.com — Mon, 09 Nov 2009 14:20:50 GMT

Tallahassee, FL (CompNewsNetwork) - The Florida Division of Workers' Compensation has updated its list of frequently-asked-questions and answers for injured workers. The FAQs explain dates or timetables instrumental to the injured workers. Listed below is an excerpt from the FAQs: Q. My e

TX 2008 Rate Of Nonfatal Occupational Injuries And Illnesses Declined

workerscompensation.com — Mon, 09 Nov 2009 14:18:08 GMT

Austin, TX (CompNewsNetwork) - Private industry workplaces in Texas reported a total of 234,559 nonfatal injuries and illnesses during 2008. The incidence rate of 3.1 cases per 100 equivalent full-time workers marks the sixth consecutive year that the incidence rate has dropped. The rate for 2008 is

Vandervalk Vs. MT State Fund

workerscompensation.com — Mon, 09 Nov 2009 14:14:46 GMT

Helena, MT (CompNewsNetwork) - Kurt Vandervalk argued that one of his settled workers’ compensation claims should be reopened and that he should receive wage-loss and vocational rehabilitation benefits. Kurt believes that his usage of Vioxx for his carpal tunnel syndrome caused him to

DC: Federal District Court Enjoins OALJ From Using Initials to Identify Parties in Longshore and Black Lung Cases

LexisNexis Workers' Compensation Law Center Staff — Mon, 09 Nov 2009 11:26:33 GMT

WASHINGTON, D.C. - A Federal District Court has enjoined the Office of Administrative Law Judges from using only initials on black lung and longshore decisions. The decision does not specifically apply to the Benefits Review Board. Nonetheless, the Benefits Review Board has determined that it

Fremont Michigan InsuraCorp Announces 3Q 2009 Earnings and Increased Quarterly Dividend

LexisNexis Workers' Compensation Law Center Staff — Mon, 09 Nov 2009 09:35:07 GMT

FREMONT, MI - Fremont Michigan InsuraCorp, Inc. (Fremont) (OTCBB: FMMH) today reported financial results for the quarter and nine months ended September 30, 2009 and announced that it is increasing its quarterly cash dividend. -- Net income of $.82 per diluted share in third quarter / Net i

Crawford & Company Reports Improvement in Net Income for 3Q 2009

LexisNexis Workers' Compensation Law Center Staff — Mon, 09 Nov 2009 09:29:37 GMT

ATLANTA, GA - Crawford & Company ( www.crawfordandcompany.com ), the world’s largest independent provider of claims management solutions to insurance companies and self-insured entities, today announced its financial results for the third quarter ended September 30, 2009. Third qua

Fraud Investigators Face Lose-Lose Situation in Battle Against Workers' Comp Fraud

LexisNexis Workers' Compensation Law Center Staff — Sun, 08 Nov 2009 14:14:08 GMT

According to the Coalition Against Insurance Fraud, roughly two-thirds of state fraud bureaus have been subjected to budget cuts and/or hiring freezes, making it more diffcult to investigate insurance fraud, this during a time when fraud has increased. Source: Business Insurance

CO: Pinnacol Spokesman Says Proposed Bills Will Have Negative Impact on State Businesses

LexisNexis Workers' Compensation Law Center Staff — Sat, 07 Nov 2009 11:48:22 GMT

FORT COLLINS, CO - Daniel O'Neil, an attorney for Pinnacol Assurance, the state's largest workers' compensation provider, said Friday that seven bills proposed by an interim committee of the Colorado Assembly will threaten Pinnacol's ability to effectively provide workers' compensation se

WA: New England Journal of Medicine Says Innovative State Program Improves Medical Care, Saves Millions of Dollars

LexisNexis Workers' Compensation Law Center Staff — Sat, 07 Nov 2009 11:41:40 GMT

TUMWATER, WA – The newest edition of the New England Journal of Medicine brings national attention to a unique program in Washington state that protects citizens from unproven medical procedures and devices while saving $21 million per year. Co-authored by Dr. Gary Franklin

CA: Former Insurance Commissioner Garamendi Elected to Congress

LexisNexis Workers' Compensation Law Center Staff — Fri, 06 Nov 2009 15:47:35 GMT

California - John Garamendi, California’s lieutenant governor and former insurance commissioner, won Northern California’s 10th Congressional District special election with 53% of the vote, and was officially sworn in as a member of Congress Nov. 5. Source: Insurance &am

CA: Leaked CHSWC Documents Explained

workerscompensation.com — Fri, 06 Nov 2009 13:45:05 GMT

Oakland, CA (CompNewsNetwork) - A group of employer representatives led by Sean McNally, of Grimmway Farms, and a group of labor leaders led by Angie Wei, of the California Labor Federation, held meetings together and separate conversations within each group from May, 2009 through August, 2009. T

AIG Posts $455 Million Net Income in 3Q 2009

LexisNexis Workers' Compensation Law Center Staff — Fri, 06 Nov 2009 09:58:45 GMT

NEW YORK - AIG, citing the stability of certain of its units and a rise in value of its investments, reported net income of $455 million. Third quarter 2009 adjusted net income was $1.9 billion. In comparison, third quarter 2008 adjusted net loss was $9.2 billion. Source: Insurance Journal

FL: CFO Sink Saves 85 Jobs With Transition Plan for Ascendant Commercial Insurance

LexisNexis Workers' Compensation Law Center Staff — Fri, 06 Nov 2009 09:50:29 GMT

HIALEAH, FL – Florida CFO Alex Sink visited Ascendant Commercial Insurance in Hialeah, where her efforts last month helped keep over 85 local residents employed after the court liquidated their former employer. CFO Sink’s effort to keep these jobs prevented a drain of an estimated $7 mi

CRM Holdings Announces 3Q 2009 Results

LexisNexis Workers' Compensation Law Center Staff — Thu, 05 Nov 2009 22:57:30 GMT

HAMILTON, BERMUDA - CRM Holdings, Ltd. ("CRM" or "the Company"), a provider of a full range of products and services for the workers' compensation insurance industry, today announced results for the third quarter ended September 30, 2009. In the third quarter of 2009, the Comp

AMERISAFE, Inc. Announces 3Q 2009 Results

LexisNexis Workers' Compensation Law Center Staff — Thu, 05 Nov 2009 22:53:17 GMT

DERIDDER, LA - AMERISAFE, Inc., a specialty provider of high hazard workers' compensation insurance, announced results for the third quarter ended September 30, 2009. Net income in the third quarter of 2009 was $15.1 million compared to net income of $13.4 million in the 2008 third quarter, an

Eastern Insurance Holdings Announces 3Q 2009 Results

LexisNexis Workers' Compensation Law Center Staff — Thu, 05 Nov 2009 22:50:03 GMT

LANCASTER, PA - Eastern Insurance Holdings, Inc. reported earnings for the three months ending September 30, 2009. Eastern reported net income of $3.3 million, or $0.36 per diluted share, for the third quarter of 2009, compared to a net loss of $3.1 million, or $0.34 per diluted share, for the

FLASH! CA: CHSWC Posts Papers Related to Permanent Disability Negotiations

LexisNexis Workers' Compensation Law Center Staff — Thu, 05 Nov 2009 10:43:51 GMT

OAKLAND, CA - The Commission on Health and Safety and Workers' Compensation has posted papers related to negotiations with labor and employer groups and others to revise permanent disability rates and reduce costs. Memo to Comissioners November 2009 CHSWC Staff Estimates for Labo

OR Medical Advisory Committee Evaluation of AMA Guides 6th Edition

workerscompensation.com — Thu, 05 Nov 2009 11:00:23 GMT

Portland, OR (CompNewsNetwork) - The Oregon Medical Advisory Committee evaluated the AMA Guides, 6th Edition. The AMA Guides is based on 2001 WHO ICF and is already required by US DOL for FECA, Energy Employees, and Longshoreclaims and many other state jurisdictions. The findings are as followed

CA: DWC’s Amended Health Care Organization Regulations Approved By Office of Administrative Law

LexisNexis Workers' Compensation Law Center Staff — Wed, 04 Nov 2009 22:55:42 GMT

OAKLAND, CA – The Division of Workers' Compensation (DWC) has amended its regulations on health care organizations (HCOs) as another part of its 12-point plan to control medical costs in California ’s workers’ compensation system. The 12-point plan includes regulations re

MI: Supreme Court to Decide Case Where Tax Records Used to Deny Comp Benefits

workerscompensation.com — Wed, 04 Nov 2009 11:14:04 GMT

Lansing, MI (CompNewsNetwork) - The Court hears arguments in the appeal of Loos v J.B. Installed Sales, Inc., et al. on Wednesday afternoon. The income tax records of plaintiff James A. Loos, Jr. show that he was paid by Robinson Roofing as a non-employee. Relying on these records, the work

KY Gov. Acts to Enhance Mine Safety

workerscompensation.com — Wed, 04 Nov 2009 11:16:36 GMT

Frankfort, KY (CompNewsNetwork) - Gov. Steve Beshear today announced that he has approved an increase in the number of mine inspectors and the number of mining permit reviewers in the Energy and Environment Cabinet. Speaking with miners and local officials at three stops in eastern Kentucky today

TX Determined Adjusted Gross Annual Payroll Requirements for Seasonal Workers

workerscompensation.com — Wed, 04 Nov 2009 11:04:57 GMT

Houston, TX (CompNewsNetwork) - The Texas Department of Insurance, Division of Workers' Compensation has determined, pursuant to the authority and direction given under the Texas Workers' Compensation Act (Texas Labor Code, Section 406.162), the adjusted annual payroll requirement of an employer fo

DC: OSHA Expert Files Whistleblower Complaint With U.S. Merit Systems Protection Board

LexisNexis Workers' Compensation Law Center Staff — Wed, 04 Nov 2009 01:36:54 GMT

WASHINGTON, D.C. - The U.S. Occupational Safety & Health Administration’s top expert and foremost critic on workplace injury and illness records was pushed out of his job illegally, according to legal pleadings filed today by Public Employees for Environmental Responsibility (PEER). For n

MT: Supreme Court Upholds Law to Terminate Workers' Comp Benefits When Injured Worker Retires

LexisNexis Workers' Compensation Law Center Staff — Wed, 04 Nov 2009 01:16:48 GMT

HELENA, MT - The Montana Supreme Court, in a 5-2 ruling, upheld a state law that allows workers' compensation benefits to be cut off when the injured worker is considered "retired". Read more at The Missoulian . . . Read the case

SD DOL Publishes 2009 Annual Report

workerscompensation.com — Tue, 03 Nov 2009 18:06:39 GMT

Pierre, SD (CompNewsNetwork) - The South Dakota Department of Labor's Workers' Compensation Advisory Council recently published the 2009 Annual Report. Here are some highlights: The base premium rates for 2009-10 increased an average of 3.5% in the voluntary market. The involuntary or "

OH BWC BoD Tackles Busy Agenda

workerscompensation.com — Tue, 03 Nov 2009 18:04:33 GMT

Columbus, OH (CompNewsNetwork) - The Ohio Bureau of Workers’ Compensation (BWC) Board of Directors today streamlined rules related to medical coverage, hired an investment manager and reduced the credibility table which is used to determine the maximum discount for group-rated employers. Th

CA: Governor Signs Bill to Penalize Uninsured Employers

LexisNexis Workers' Compensation Law Center Staff — Tue, 03 Nov 2009 10:34:18 GMT

SACRAMENTO, CA - The Governor has signed legislation to amend Calif. Labor Code § 3722 to provide that an uninsured employer is subject to a penalty assessment by the Director of Industrial Relations consisting of the greater of (1) twice the amount the employer would have paid in workers

CO: Insurance Commissioner Approves 9.7% Decrease in Loss Costs Rate

LexisNexis Workers' Compensation Law Center Staff — Tue, 03 Nov 2009 09:18:07 GMT

DENVER, CO - The Colorado Division of Insurance has issued an order approving NCCI's request for an average decrease of 9.7% in workers' compensation loss costs and rating values effective January 1, 2010. Read the Order Source: Colorado Division of Insurance

NY: WCB Vacates $168,000 Judgment Against Former Small Business Owner for Not Offering Mandatory Insurance

LexisNexis Workers' Compensation Law Center Staff — Tue, 03 Nov 2009 02:58:53 GMT

SYRACUSE, NY - The New York State Workers' Compensation Board has vacated a $168,000 fine against Bill Davis, whose body shop closed down in 1995, for not offering mandatory insurance. Source: WYSR

CA: Labor Commissioner Levies Nearly $1 Million in Citations During Statewide Enforcement of Carwash Industry

LexisNexis Workers' Compensation Law Center Staff — Tue, 03 Nov 2009 02:52:10 GMT

SAN FRANCISCO , CA - I nvestigators from the California Labor Commissioner’s Office issued over $900,000 in fines to businesses in the car wash industry in a two day statewide enforcement sweep. The penalties included a total of $600,900 issued to 76 unlicensed carwash businesses that wer

IRS Drops Investigation of FedEx Ground Service's Use of Independent Contractors in 2002

LexisNexis Workers' Compensation Law Center Staff — Tue, 03 Nov 2009 02:46:16 GMT

As reported in the Pittsburgh Post-Gazette , the IRS has dropped its investigation into whether FedEx Ground Service should've paid employment tax in 2002 for its drivers, all of whom were classified as independent contractors. The IRS is still auditing FedEx for the years 2004

ME: Workers' Comp Premiums to Decrease Effective 1/1/2010

LexisNexis Workers' Compensation Law Center Staff — Tue, 03 Nov 2009 02:40:18 GMT

PORTLAND, ME - The Portland Press Herald reports that the Maine Bureau of Insurance has approved NCCI's request for a 7 percent decrease in workers' compensation loss costs effective January 1, 2010.

NC: Workers' Comp Premiums to Drop 9.7 Percent Effective 4/1/2010

LexisNexis Workers' Compensation Law Center Staff — Tue, 03 Nov 2009 02:35:30 GMT

RALEIGH, NC - Insurance Commissioner Wayne Goodwin announced on Monday the settlement of the workers compensation rate filings from the North Carolina Rate Bureau, the organization that represents the state's workers compensation insurance companies. The settlement ordered a 9.6 percent decrea

NIOSH to Review Issues Pertaining to EEOICPA Program Responsibilities

workerscompensation.com — Mon, 02 Nov 2009 16:43:13 GMT

Atlanta, GA (CompNewsNetwork) - The National Institute for Occupational Safety and Health (NIOSH) today announced new developments pertaining to its program of scientific and technical support under the Energy Employees Occupational Illness Compensation Program Act. Enacted in 2000, the Energy

OSHA Issues Record-Breaking Fines to BP

LexisNexis Workers' Compensation Law Center Staff — Mon, 02 Nov 2009 09:31:34 GMT

WASHINGTON, D.C. - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) last Friday announced it is issuing $87,430,000 in proposed penalties to BP Products North America Inc. for the company's failure to correct potential hazards faced by employees. The fine is the l

MT: Schweitzer Administration Questions State Fund Rates

LexisNexis Workers' Compensation Law Center Staff — Sun, 01 Nov 2009 18:40:23 GMT

HELENA, MT - As reported in the Independent Record , Governor Brian Schweitzer's administration is questioning the State Fund and why its workers' compensation rates have doubled in the last decade.

IL: Audio of Appellate Court Arguments, Including Workers' Comp Hearings, Soon Available on Court Website

LexisNexis Workers' Compensation Law Center Staff — Sun, 01 Nov 2009 10:29:54 GMT

SPRINGFIELD, IL - The Illinois Supreme Court on Friday issued an announcement, which reads in pertinent part: In keeping with the Illinois Supreme Court’s desire to bring greater public access and understanding to the courts, audio recordings of all oral arguments in the Illinois

OK: Lawmaker Blasts Obscure, Last-Minute 2009 Legislation That Hiked Workers' Comp Premium Tax

LexisNexis Workers' Compensation Law Center Staff — Sun, 01 Nov 2009 10:18:16 GMT

OKLAHOMA CITY, OK - Representative David Dank (R-Oklahoma City) has written an editorial in The Oklahoman criticizing obscure measures that are snuck into bills and passed at the last minute, including a recent 2009 bill where a section was added to impose a 2.25 percent workers' compensation pre

Deadline for States to Opt into AIG Comp Settlement Now Delayed to 12/31/2009

LexisNexis Workers' Compensation Law Center Staff — Sun, 01 Nov 2009 10:10:56 GMT

As reported in Business Insurance , dissatisfaction among state regulators over the terms of American International Group's 2006 agreement to pay $343 million to resolve allegations that it underreported workers' compensation premiums to states, has led to long delays to settle the matte

TN: Law to Require Every Contractor to Carry Workers' Comp Insurance May Be Scaled Back

LexisNexis Workers' Compensation Law Center Staff — Sun, 01 Nov 2009 09:54:45 GMT

NASHVILLE, TN - The Tennessean reports that a law passed in 2008, which goes into effect at the end of this year and which would require every contractor to carry workers' compensation insurance for themselves and all of their employees, may be scaled back due to complaints that it is too expensi

OH: BWC Lowers Premium Discount for Employers Participating in Group Rating System

LexisNexis Workers' Compensation Law Center Staff — Sun, 01 Nov 2009 09:27:56 GMT

COLUMBUS, OH - The Bureau of Workers' Compensation board voted Friday to reduce the maximum discount employers can receive in the bureau’s group rating experience program to 65 percent, effective July 1, 2010, this despite opposition from Republican Senate leaders. The change will affect

MN Survey Shows Workplace Injuries Continue To Decrease

workerscompensation.com — Fri, 30 Oct 2009 18:18:04 GMT

Minneapolis, MN (CompNewsNetwork) - A recent Minnesota workplace survey estimates the state's injury and illness rate decreased significantly from 2007 to 2008. According to the annual Survey of Occupational Injuries and Illnesses, an estimated total of 87,900 nonfatal workplace injuries and ill

IN Occupational Injuries And Illnesses At Record Low For 2008

workerscompensation.com — Fri, 30 Oct 2009 18:15:09 GMT

Indianapolis, IN (CompNewsNetwork) - Indiana’s non-fatal occupational injury and illness rate finally broke through that 5.0 floor, coming in at a historic low of 4.9 per 100 workers, according to the report of the Indiana Department of Labor (IDOL) released today. Based upon the survey of O

US DOL Assistant Secretary Testifies On OSHA Programs

workerscompensation.com — Fri, 30 Oct 2009 18:13:33 GMT

Washington, DC (CompNewsNetwork) - Jordan Barab, acting assistant secretary for the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), today told a Congressional committee that the serious shortcomings discovered during his agency's evaluation of the Nevada Occupational

KY DWC Adopts IAIABC Claims Release 3.0 Standard

workerscompensation.com — Fri, 30 Oct 2009 18:06:54 GMT

Frankfort, KY (CompNewsNetwork) - The Kentucky Department of Workers’ Claims has begun the process of adopting the IAIABC Claims Release 3.0 standard. The goal is to have EDI Release 3.0 fully operational by November 1, 2010. …[ read more ]

Coventry Health Care Reports 3Q Earnings and Increases Full Year 2009 Guidance

LexisNexis Workers' Compensation Law Center Staff — Fri, 30 Oct 2009 10:44:39 GMT

BETHESDA, MD - Coventry Health Care reported consolidated operating results for the quarter ended September 30, 2009. Operating revenues totaled $3.4 billion for the quarter with GAAP net earnings of $70.6 million, or $0.48 earnings per diluted share (EPS). Excluding the impact of the First Health

Endurance Sees Rise in Net Income, Drop in Net Premiums in 3Q, After Exit From Calif. Workers' Comp Market

LexisNexis Workers' Compensation Law Center Staff — Fri, 30 Oct 2009 10:37:15 GMT

UK - The Royal Gazette reports that Endurance Specialty Holdings Ltd.'s net income rose above $150 million for the third quarter of 2009, while its net premiums dropped 19.7 percent to $396.7 million from the same period in 2008, this after it had exited from the California workers' com

CA: DWC Proposes Changes to Workers’ Compensation Information System Rules

LexisNexis Workers' Compensation Law Center Staff — Thu, 29 Oct 2009 19:43:40 GMT

OAKLAND, CA – The Division of Workers' Compensation (DWC) has proposed an update to regulations for the Workers’ Compensation Information System (WCIS) as part of its 12-point plan to monitor and help control medical costs in California’s workers’ compensation system. The 12

CA: Insurance Commissioner Reports Workers' Comp Fraud Cases Totalling $6.7 Million

LexisNexis Workers' Compensation Law Center Staff — Thu, 29 Oct 2009 18:49:05 GMT

SACRAMENTO, CA - Insurance Commissioner Steve Poizner today announced Sanjiv Mahendra Shah, 53, of Placentia and Abu M. Hossain, 59, of Chino Hills have pled guilty to 13 counts of fraud and one count of conspiracy in a workers' compensation insurance fraud case that began in 2005 and resulted in t

WA: Local Businesses Speak Out Against State Proposal to Increase Workers' Comp Premiums

LexisNexis Workers' Compensation Law Center Staff — Fri, 30 Oct 2009 10:23:16 GMT

BELLINGHAM, WA - The Bellingham Herald reports that officials from the State Dept. of Labor and Industry received mainly negative feedback from the local business community about a proposed 7.6 percent average increase in workers' compensation premiums.

GA: Liquidation Order Approved for Workers' Comp Insurer Southeastern US Insurance

LexisNexis Workers' Compensation Law Center Staff — Fri, 30 Oct 2009 10:16:28 GMT

FULTON COUNTY, GA - Insurance Journal reports that Fulton County Superior Court Judge Thomas Campbell on Oct. 27 approved the liquidation order for Southeaster US Insurance Co. (SEUS), the state's eighth largest workers' compensation carrier for 3,000 public entities, hospitals, private companies

U.S. Labor Secretary Solis Responds to Report of Worker Occupational Injury and Illness Decline

LexisNexis Workers' Compensation Law Center Staff — Fri, 30 Oct 2009 00:35:55 GMT

WASHINGTON , D.C. – The Bureau of Labor Statistics (BLS) has announced that injury and illness rates among private industry employers are down from a total case rate of 4.2 in 2007 to 3.9 in 2008. BLS also reported a decline in non-fatal occupational injuries and illnesses from 4 million

NJ: Cleaning Case: Should The Petitioner Be Entitled To WC Benefits?

workerscompensation.com — Thu, 29 Oct 2009 19:50:31 GMT

Trenton, NJ (CompNewsNetwork) - 07-25942 decided on October 13, 2009 by the Honorable Emille R. Cox, J.W.C Petitioner was injured providing cleaning services for the respondent, a homeowner. She alleged she was a domestic employee under N.J.S.A 34:15-36, rather than an independent c

OH: IG Report Validates BWC’s Improvements To Pharmacy Program

workerscompensation.com — Thu, 29 Oct 2009 19:46:33 GMT

Columbus, OH (CompNewsNetwork) - Ohio Bureau of Workers’ Compensation (BWC) Administrator Marsha Ryan offered the following statement regarding today’s report by the Ohio Inspector General on past practices related to BWC’s Pharmacy Program. Much of the report focuses on the Progra

NJ: Was Second Injury Fund Liability Due To Petitioner's Pre-Existing War Injuries?

workerscompensation.com — Thu, 29 Oct 2009 19:55:29 GMT

Trenton, NJ (CompNewsNetwork) - 05-13683 decided September 30, 2009 by the Honorable Diana Ferriero, J.W.C Respondent conceded that the petitioner was totally and permanently disabled, so the issue here was whether there was Second Injury Fund liability due to the petitioner's pre-existin

NM: WCA Posts 2009 Proposed Health Care Providers' Fee Schedule

LexisNexis Workers' Compensation Law Center Staff — Thu, 29 Oct 2009 10:29:17 GMT

ALBUQUERQUE, NM - The New Mexico Workers' Compensation Administration has posted the 2009 proposed Health Care Providers' Fee Schedule. Access the schedule Source: New Mexico Workers' Compensation Administration

CA: CWCI Issues Report on Post-Reform Outcomes: Permanant Disability Claims With Attorney Involvement

LexisNexis Workers' Compensation Law Center Staff — Thu, 29 Oct 2009 10:17:19 GMT

OAKLAND, CA - CWCI has analyzed 201,081 permanent disability claims to assess statewide and regional changes in attorney involvement, initial permanent disability benefit payment, claim closure rates and average claim paymnets following the implementation of SB 899 until 2004. Access the repor

NJ: DWC Adopts Rules Relating to 2008 Legislative Reforms

LexisNexis Workers' Compensation Law Center Staff — Thu, 29 Oct 2009 01:28:29 GMT

TRENTON, NJ - Peter J. Calderone, Director and Chief Judge of the New Jersey Division of Workers' Compensation, recently announced the adoption of the rules relating to emergent medical motions, carrier and self-insured contact person information, judicial enforcement powers, and amendmen

DE: Dept. of Insurance and Chamber of Commerce Team Up in Workers' Comp Program

LexisNexis Workers' Compensation Law Center Staff — Thu, 29 Oct 2009 01:11:41 GMT

DOVER, DE - The Delaware Department of Insurance is joining the Central Delaware Chamber of Commerce in promoting a Workplace Safety Program that would allow businesses that meet safety criteria to earn lower rates on their workers’ compensation premiums. Source: Insurance

SC: Lured by Tax Incentives, Boeing Announces Plans to Locate Assembly Plant in North Charleston

LexisNexis Workers' Compensation Law Center Staff — Thu, 29 Oct 2009 00:53:47 GMT

NORTH CHARLESTON, SC - Lured by unprecedented tax incentives, Boeing announced Wednesday that it would locate its 787 Dreamliner assembly plant in South Carolina instead of expanding it current facilities in Washginton State, this after South Carolina lowered taxes and eased regulatory burdens in t

OH: Report Says BWC Missed Pharmaceutical Rebates, Spent $5 Million in Costly Drugs

LexisNexis Workers' Compensation Law Center Staff — Thu, 29 Oct 2009 00:39:59 GMT

COLUMBUS, OH - The Office of Ohio Inspector General reports that the Bureau of Workers' Compensation missed out on $14.5 million in pharmaceutical rebates and unnecessariy purchased $5 million in costly drugs for injured workers in recent years. Source: Columbus Business First

LexisNexis Workers’ Compensation Law Center Site Coordinator Honored With LexisNexis 2009 Achievement Award

LexisNexis Workers' Compensation Law Center Staff — Wed, 28 Oct 2009 17:09:19 GMT

SAN FRANCISCO, CA – In a ceremony Tuesday, LexisNexis Vice President George Bearese and Senior Directors Kathryn Caverly and Alison Chase honored several individuals, including Robin E. Kobayashi , J.D., for their exemplary achievements as “Great Performers”. Ms. Kobayashi is t

Liberty Mutual 3Q Net Income Soars, Not Exiting California and Florida...Yet

LexisNexis Workers' Compensation Law Center Staff — Wed, 28 Oct 2009 11:47:53 GMT

BOSTON, MA - Liberty Mutual reported a jump of $265 million in net income during the third quarter 2009. During a conference call, Edmund F. Kelly, the company’s chairman, president and chief executive officer, said he remains concerned about the pricing and reforms in both California an

CT DOI Launches Online Consumer Complaint System

workerscompensation.com — Wed, 28 Oct 2009 11:26:28 GMT

Hartford, CT (CompNewsNetwork) - Today, Insurance Commissioner Thomas R. Sullivan announced the launch of an online consumer complaint system at the Insurance Department. “Connecticut consumers now have an easier and more convenient way to submit complaints to the Insurance Department,&r

GA SWCB Now Runs Criminal Background Checks for Temporary Guardianship

workerscompensation.com — Wed, 28 Oct 2009 11:28:41 GMT

Atlanta, GA (CompNewsNetwork) - The Enforcement Division is now able to run multi-state criminal history background checks for Board Form 226B Petition for Temporary Guardianship. No longer will a petitioner who has lived outside of be required to obtain a criminal history from that state. &

TN Bill to Remove Requirements That Certain Proprietors Carry WC Coverage

workerscompensation.com — Wed, 28 Oct 2009 11:24:14 GMT

Nashville, TN (CompNewsNetwork) - In the Tennesse General Assembly, Senate Bill 2383 was filed for introduction. As introduced, the bill would remove requirement that certain …[ read more ]

SC: Former Workers' Comp Commissioner Loses Job at State Attorney General's Office After Cemetery Sex Solicitation Incident

LexisNexis Workers' Compensation Law Center Staff — Wed, 28 Oct 2009 09:20:08 GMT

COLUMBIA, SC - The State reports that Assistant State Attorney General, Roland Corning, a former state lawmaker and Workers' Compensation Commissioner, lost his job Tuesday with Attorney General Henry McMaster after being stopped in his car by a Columbia police officer Monday on suspicion of

CA: Defense Attorneys File Petitions for Writ of Review of Almaraz/Guzman II

LexisNexis Workers' Compensation Law Center Staff — Wed, 28 Oct 2009 09:01:36 GMT

California - Petitions for writ of review of Almaraz/Guzman II have been filed by defendants in two different appellate courts: SCIF v. WCAB , petition for writ of review filed 10/19/2009, Calif. Court of Appeal, Fifth Appellate District Milpitas Unified School Dist. v. WCAB , petition for

Senate's Health Care Overhaul Will Have Public Option

LexisNexis Workers' Compensation Law Center Staff — Tue, 27 Oct 2009 16:57:56 GMT

WASHINGTON, D.C. - Senate Majority Leader Harry Reid (D-Nev.) announced that the Senate's final health reform bill will include a federal public health insurance plan option that would allow states to opt out. Reid said that a public option is an important way to ensure competition and level t

CA: CWCI Announces Training Manuals on 2009 Regulatory Updates

LexisNexis Workers' Compensation Law Center Staff — Tue, 27 Oct 2009 13:25:04 GMT

OAKLAND, CA - The California Workers' Compensation Institute (CWCI) has announced the availability of its Training Manuals on 2009 Regulatory Updates relating to QME, MTUS (including chronic pain and post-surgical physical medicine guidelines) and claim audit regs. Read more Source: CWCI

CT: Divorced Law Partners Fight Over Workers' Comp Proceeds

LexisNexis Workers' Compensation Law Center Staff — Tue, 27 Oct 2009 13:18:24 GMT

HARTFORD, CT - The attorneys for two former law partners who were once married and now divorced went before the state Supreme Court last week to argue over whether Claudia Weiss should share in proceeds from some of Martin Weiss's workers' compensation cases. At issue is whether a w

FL: McCarty Officially Approves WC Rate Cut

workerscompensation.com — Tue, 27 Oct 2009 11:27:12 GMT

Tallahassee, FL (CompNewsNetwork) - Florida Insurance Commissioner Kevin McCarty today issued a final order approving the National Council on Compensation Insurance's (NCCI) amended rate filing for workers' compensation insurance rates that will become effective Jan. 1. The 6.8 percent rate decre

OR: WCD Posts 2010 Premium Assessment Rate

LexisNexis Workers' Compensation Law Center Staff — Tue, 27 Oct 2009 01:37:19 GMT

SALEM, OR - Effective Jan.1, 2010, the Oregon Workers' Compensation Division has determined that an assessment rate of 4.6 percent of direct earned premium is necessary for the department to carry out its statutory responsibility to regulate, administer, and enforce the workers’ compensation

Study Finds Integrating Workers' Comp With Group Health Model Would Cut Costs

LexisNexis Workers' Compensation Law Center Staff — Mon, 26 Oct 2009 23:04:03 GMT

BERKELEY, CA - The University of California, Berkeley has released a report entitled "Comparing the costs of delivering medical benefits under group health and workers' compensation--Could integration pay for covering the working uninsured?" According to the abstract of the study: A

NCCI Posts Report on Indemnity Benefit Duration, Maximum Weekly Benefits, and Claim Attributes

LexisNexis Workers' Compensation Law Center Staff — Mon, 26 Oct 2009 22:38:08 GMT

BOCA RATON, FL - NCCI has posted a report on Indemnity Benefit Duration, Maximum Weekly Benefits, and Claim Attributes. View the report

NY: Governor Paterson Suspends Flu Shot Mandate for Health Care Workers

LexisNexis Workers' Compensation Law Center Staff — Mon, 26 Oct 2009 22:31:57 GMT

ALBANY, NY - Governor David A. Paterson has announced that State Health Commissioner Richard F. Daines, M.D., has suspended the mandatory influenza immunization requirement for New York health care workers so that the limited vaccine supplies can be used for populations most at risk of serious illn

WA: L&I Encourages Workers to Attend Proposed WC Rate Increase Hearing

workerscompensation.com — Mon, 26 Oct 2009 14:53:23 GMT

Tumwater, WA (CompNewsNetwork) - The Department of Labor & Industries (L&I) said today it hopes for good attendance at public hearings next week on proposed workers’ compensation insurance rates for 2010. The agency noted that heightened interest by workers' compensation stakehol

VA: Workers' Comp Commission to Decide Whether Employers Can Suspend Benefits

LexisNexis Workers' Compensation Law Center Staff — Mon, 26 Oct 2009 01:18:40 GMT

RICHMOND, VA - In what has been deemed the biggest thing to happen in Virginia workers' compensation in years, the Virginia Workers' Compensation Commission recently heard arguments for three hours in three combined cases to determine whether employers may suspend benefits while they wait for

Expert Supports Concept of Placing Monetary Value on Human Life

LexisNexis Workers' Compensation Law Center Staff — Mon, 26 Oct 2009 01:50:58 GMT

Dr. Abdullah Shibli, presently Managing Partner at an international consulting firm, supports the idea of placing a monetary value on human life to make employers and others value and save human lives. Dr. Shibli states: If power generation has a market value, and human life does not, then so

CA: Sacramento County Man Convicted of Insurance Fraud

LexisNexis Workers' Compensation Law Center Staff — Sun, 25 Oct 2009 21:02:17 GMT

SACRAMENTO, CA - Jeff Nofts pleaded no contest to felony insurance fraud Penal Code Section 550 (b)(3) after being accused of receiving outside income while collecting workers’ compensation benefits. On September 24, 2009 Nofts was sentenced to 3 years probation, and ordered to complete 354 h

Willis Initiates Search for New CFO

workerscompensation.com — Fri, 23 Oct 2009 17:47:08 GMT

New York, NY (CompNewsNetwork) - Willis Group Holdings (NYSE: WSH), the global insurance broker, today said that it has initiated a search for a new chief financial officer to replace CFO and Group Chief Operating Officer Patrick C. Regan in early 2010. Mr. Regan will remain at Willis through the ye

CA: CHSWC Approves RAND Working Papers

workerscompensation.com — Fri, 23 Oct 2009 11:06:57 GMT

Oakland, CA (CompNewsNetwork) - The Commission on Health and Safety and Workers' Compensation (CHSWC) has approved two RAND Working Papers: “Regulatory Actions that Could Reduce Unnecessary Medical Expenses Under California’s workers’ Compensation Program”; and “Hospit

RI: General Treasurer Seeks to Collect on Insurance Policies of Scandal-Ridden Trash Agency

LexisNexis Workers' Compensation Law Center Staff — Fri, 23 Oct 2009 10:39:11 GMT

PROVIDENCE, RI - The Providence Journal reports that in the aftermath of a state audit revealing that Resource Recovery Corporation squandered $75 million over the past decade through waste and mismanagement, flawed construction project, questionable land deals, cronyism, suspected fraud, apparen

CA: Two-Day Sting Operation Nets 27 Citations of Fresno Contractors

LexisNexis Workers' Compensation Law Center Staff — Fri, 23 Oct 2009 10:21:51 GMT

FRESNO, CA - The Fresno Bee reports that a two-day sting operation netted 27 citations of contractors in Fresno County, with most of them cited for doing business without a contractor's license.

Travelers Companies Net Income Up in Third Quarter 2009

LexisNexis Workers' Compensation Law Center Staff — Fri, 23 Oct 2009 10:15:16 GMT

NEW YORK - The Travelers Companies, Inc. ( "Travelers") (NYSE:TRV) today reported net income of $935 million, or $1.65 per diluted share, for the quarter ended September 30, 2009, compared to $214 million, or $0.36 per diluted share, for the quarter ended Sept

Sedgwick CMS Integrates Medicare Compliance Solution With Claims Management Services

workerscompensation.com — Thu, 22 Oct 2009 17:39:35 GMT

Memphis, TN (CompNewsNetwork) – Sedgwick Claims Management Services, Inc. (Sedgwick CMS) has introduced comprehensive Medicare compliance services as an in-house, integrated program option for its workers’ compensation and liability claims management clients. The Sedgwick CMS Medicare so

US DOL Publishes Report of 2008 Manufacturing Productivity

workerscompensation.com — Thu, 22 Oct 2009 17:37:47 GMT

Washington, DC (CompNewsNetwork) - Manufacturing labor productivity decreased in 2008 in 12 of the 17 economies compared by the U.S. Department of Labor’s Bureau of Labor Statistics. The Republic of Korea and the United States had the largest productivity increases (1.2 percent each) among the

OK: Courts May Be Asked to Decide Fate of CompSource

LexisNexis Workers' Compensation Law Center Staff — Thu, 22 Oct 2009 09:30:04 GMT

OKLAHOMA CITY, OK - The Oklahoman reports that a task force looking into whether CompSource should be privatized said that the intent of a bill, which will be filed in the upcoming session to determine that the assets of CompSource belong to the state, is to draw a lawsuit that would al

ME: Workers' Comp Rates Expected to Decline

LexisNexis Workers' Compensation Law Center Staff — Wed, 21 Oct 2009 22:47:19 GMT

AUGUSTA, ME - NCCI has recommended an average drop in rates of seven percent. Source: MPBN

Report Says Recession Will Keep Commercial Insurance Premiums Under Pressure

LexisNexis Workers' Compensation Law Center Staff — Wed, 21 Oct 2009 22:43:41 GMT

Advisen reports that "[d]espite dismal 2008 results reported by property & casualty insurers, soft market pricing has prevailed in 2009. Recovering stock markets and a lack of significant insured catastrophes losses thorough the first half of 2009 have taken some of the financial pres

AK: Court Finds Pilot in Fatal Plane Crash Not Immune From Wrongful Death Suit

LexisNexis Workers' Compensation Law Center Staff — Wed, 21 Oct 2009 22:24:06 GMT

LITTLE ROCK, AR - A Court of Appeals has overturned the decision of the State Workers' Compensation Commission and held that the pilot of a plane that crashed, killing a co-worker passenger, was not immune from a wrongful death suit. Read more at Arkansas News Read the court's decision

CANADA: Disgruntled Injured Worker Surrenders After Holding Hostages at Gunpoint in Workers' Comp Board Building

LexisNexis Workers' Compensation Law Center Staff — Wed, 21 Oct 2009 22:04:43 GMT

EDMONTON, CANADA - An out of work carpenter whose workers' compensation benefits were recently cut off surrendered peacefully after holding eight hostages at gunpoint at the Workers' Compensation Board building in downtown Edmonton. Read more at CBC

OSHA Addresses Need for Combustible Dust Standard

workerscompensation.com — Wed, 21 Oct 2009 21:56:35 GMT

Washington, DC (CompNewsNetwork) - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) will publish an advance notice of proposed rulemaking (ANPR) in the Oct. 21 edition of the Federal Register as an initial step in development of a standard to address the hazards

CA: State Compensation Insurance Fund Board Appoints Doug Stewart Interim President and CEO

LexisNexis Workers' Compensation Law Center Staff — Wed, 21 Oct 2009 18:12:44 GMT

SAN FRANCISCO, CA - The Board of Directors of State Compensation Insurance Fund today announced that it has appointed Doug Stewart, Chief Risk Officer, as president and CEO on an interim basis, replacing outgoing CEO Janet D. Frank. "The Board is very confident that Doug Stewart will provid

Risk Manager Choice Awards Rate Liberty Mutual Best for Workers' Comp Insurance

LexisNexis Workers' Compensation Law Center Staff — Wed, 21 Oct 2009 03:58:04 GMT

The Risk Manager Choice awards run by the Flaspöhler Research Group, in partnership with National Underwriter, rated Liberty Mutual the best among all buyers of workers’ compensation insurance. Read more at tne National Underwriter

NY, NJ, MT: Attorney Generals Threaten to Sue FedEx for Misclassification of Drivers

LexisNexis Workers' Compensation Law Center Staff — Wed, 21 Oct 2009 03:42:27 GMT

ALBANY, NY - The Times Union reports that Attorney General Andrew Cuomo has threatened to sue FedEx Ground Package System unless it stops misclassifying its drivers as independent contractors. HELENA, MT - The Missoulian reports that Attorney General Steve Bullock has joined the Attorney Ge

CA: Wells Fargo Insurance Purchases Sierra Self Insurance

LexisNexis Workers' Compensation Law Center Staff — Wed, 21 Oct 2009 03:49:03 GMT

RANCHO CORDOVA, CA - Wells Fargo Insurance Services, Inc., has purchased Sierra Self Insurance Services LLC, a Grass Valley insurance brokerage that provides excess liability, property and workers’ compensation insurance, and consults on the funding and structure of coverage for large school

Zenith Announces Third Quarter 2009 Results

LexisNexis Workers' Compensation Law Center Staff — Wed, 21 Oct 2009 03:36:12 GMT

WOODLAND HILLS, CA - Zenith National Insurance Corp. (NYSE: ZNT) reported net income for the third quarter 2009 of $19.2 million, or $0.51 per share, compared to net income for the third quarter 2008 of $16.6 million, or $0.44 per share. Net income for the nine months ended September 30, 2009 was $

CA: Workers' Comp Claim Filed for Nurse Who Suffered Stroke After Attack by Patient

LexisNexis Workers' Compensation Law Center Staff — Wed, 21 Oct 2009 02:02:38 GMT

LOS ANGELES, CA - The Los Angeles Times reports that a workers' compensation claim has been filed by the family of a nurse, who suffered a stroke after being attacked by a patient. The claim states that the nurse was unfairly denied medical treatment.

NV: OSHA Issues Report on State's OSHA Program

workerscompensation.com — Wed, 21 Oct 2009 01:48:04 GMT

Washington, DC (CompNewsNetwork) - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has released a report on Nevada's Occupational Safety and Health Program that reveals a number of serious concerns with the program's operation, including failing to issue appropri

CA: Fight for State Fund Pres On

Workers' Comp Executive — Tue, 20 Oct 2009 14:44:27 GMT

Who will be the next president of State Fund. This article provides the inside scoop about who’s in contention and handicaps the likely picks. That’s it – pure and simple. To read it just . . . read more here

OH: BWC Drug-Free Work Week

workerscompensation.com — Tue, 20 Oct 2009 11:29:31 GMT

Columbus, OH (CompNewsNetwork) – A cornerstone of the Ohio Bureau of Workers’ Compensation’s (BWC) mission is to ensure the safety of Ohio ’s work force. This commitment includes efforts toward helping employers establish and maintain workplaces free of drug and al

NY: Columnist Criticizes Senators' Decision to Retain Use of Stenographers at Workers' Comp Hearings

LexisNexis Workers' Compensation Law Center Staff — Tue, 20 Oct 2009 10:25:40 GMT

ALBANY, NY - A columnist at The New York Daily News has criticized the Senate Labor Committee for recently holding a seven-hour hearing to determine whether the New York State Workers' Compensation Board should use electronic recordings of hearings or continue to depend on&nbs

TX: State Office of Risk Management Selects Forte for Bill Review and UR Services

LexisNexis Workers' Compensation Law Center Staff — Tue, 20 Oct 2009 10:15:36 GMT

AUSTIN, TX - Forte, one of the industry's leading providers of comprehensive medical management services for workers' compensation and liability claims, announced today that the Texas State Office of Risk Management (SORM), one of the largest self-administered workers' comp programs in the nat

NY: Judge Issues Temporary Restraining Order on Mandatory Flu Vaccines for Healthcare Workers

LexisNexis Workers' Compensation Law Center Staff — Tue, 20 Oct 2009 10:11:23 GMT

ALBANY, NY - A State Supreme Court justice in Albany has halted the enforcement of a state directive mandating that all healthcare workers be vaccinated against both the seasonal flu and swine flu. Read more at The New York Times

MD: NCCI Reports Escalating Indemnity and Medical Severities

LexisNexis Workers' Compensation Law Center Staff — Tue, 20 Oct 2009 00:20:17 GMT

BOCA RATON, FL - NCCI has posted its State Advisory Forum for Maryland in which it states that written premium and claim frequency continue to decline, a deterioration in accident year and policy year combined ratios has occurred, and indemnity and medical severities has escalated, among other thin

AK: NCCI Reports Better Than Expected Experience and Loss Development

LexisNexis Workers' Compensation Law Center Staff — Tue, 20 Oct 2009 00:13:18 GMT

BOCA RATON, FL - NCCI has posted its State Advisory Forum for Alaska in which it states that written premium and claim frequency continue to decline, combined ratios have been below 100 perent, and better than expected experience and loss development has occurred, among other things. NCCI note

CA: DIR & CHSWC to Co-Host Fifth International Forum on Disability Management 2010

LexisNexis Workers' Compensation Law Center Staff — Mon, 19 Oct 2009 23:59:05 GMT

LOS ANGELES, CA - California is leading the international community in efforts to ensure successful disability management and will host the fifth International Forum on Disability Management (IFDM). The forum is scheduled to take place in Los Angeles on September 20-

U.S. Dept. of Labor Leads Annual Campaign for Drug-Free Workplace Programs, Announces Telecourse on 10/29/2009

LexisNexis Workers' Compensation Law Center Staff — Mon, 19 Oct 2009 12:03:09 GMT

WASHINGTON, D.C. - Drug-Free Work Week is an annual campaign led by the U.S. Department of Labor’s Working Partners for an Alcohol- and Drug-Free Workplace program. For more ideas about steps you can take to ensure your workplace is safe and drug free—every week—visit the Worki

CO: Pinnacol CEO Slams Legislative Interim Committee Hearings as Biased, Unbalanced

LexisNexis Workers' Compensation Law Center Staff — Mon, 19 Oct 2009 09:19:34 GMT

DENVER, CO - Pinnacol Assurance CEO Ken Ross issued a statement at the conclusion of Friday's legislative proposals to rein in Pinnacol's operations. While Ross said he is conferring with the Pinnacol board of directors to analyze the impact of the Interim Committee's bill recommendations, he issue

CT: Joint Task Force to Combat Worker Misclassification Scheduled to Meet 11/5/2009

LexisNexis Workers' Compensation Law Center Staff — Sun, 18 Oct 2009 21:28:51 GMT

HARTFORD, CT - The Hartford Business Journal reports that Attorney General Richard Blumenthal recently called for the reactivation of a joint task force to combat misclassification of workers. The next meeting is November 5, 2009.

CO: Legislative Panel Approves Several Proposed Changes to Pinnacol Assurance

LexisNexis Workers' Compensation Law Center Staff — Sat, 17 Oct 2009 10:06:55 GMT

DENVER, CO - The Denver Business Journal reports that a legislative panel has approved seven proposed changes to Pinnacol Assurance, the workers' compensation insurer of last resort in the State of Colorado.

DE: Dept. of Insurance and Central Delaware Chamber of Commerce Collaborate to Promote Workplace Safety Program

LexisNexis Workers' Compensation Law Center Staff — Fri, 16 Oct 2009 22:19:07 GMT

DOVER , DE – Delaware Department of Insurance (DOI) Commissioner, Karen Weldin Stewart, recently announced an agreement with the Central Delaware Chamber of Commerce (CDCC) whereby the CDCC will promote the Department’s Workplace Safety Program to its membership. By law, qualifying

TX: Insurance Council of Texas Announces Dates for 2009 Workers’ Compensation Fall Seminar

LexisNexis Workers' Compensation Law Center Staff — Fri, 16 Oct 2009 16:59:52 GMT

The Insurance Council of Texas will host the 2009 Workers’ Compensation Fall Seminar – Into the Jungle: Understanding the Texas Workers’ Compensation System , which will cover the latest developments that impact the workers’ compensation system in Texas. The seminars will be

CA: LAO Says Almaraz/Guzman and Ogilvie Decisions Likely to Increase Benefits and Employer Costs

LexisNexis Workers' Compensation Law Center Staff — Fri, 16 Oct 2009 15:15:58 GMT

SACRAMENTO, CA - The Legislative Analyst’s Office (LAO) released a report on Friday, October 16, that describes the potential effects of two recent decisions made by the Workers’ Compensation Appeals Board (WCAB). In the Almaraz/Guzman and Olgilvie decisions, the WCAB determined tha

HI: HEMIC Publishes Official Disability Guides

workerscompensation.com — Fri, 16 Oct 2009 10:46:41 GMT

Honolulu, HI (CompNewsNetwork) - The Official Disability Guidelines (ODG’s) provide treatment and lost time guidelines for medical providers using actual experience data from federal government databases. From the beginning, ODG’s were based on actual experience, not “expert&rdq

OSHA Makes Statement on H1N1-related Inspections

workerscompensation.com — Fri, 16 Oct 2009 09:41:13 GMT

Washington, DC (CompNewsNetwork) - To ensure the protection of frontline healthcare and emergency medical workers at high risk of infection with H1N1 virus, the Occupational Safety and Health Administration will soon issue a compliance directive to ensure uniform procedures when conducting inspecti

FL: Commissioner McCarty Approves Proposed Workers’ Comp Insurance Rate Decrease

LexisNexis Workers' Compensation Law Center Staff — Fri, 16 Oct 2009 03:24:27 GMT

TALLAHASSEE, FL - Florida Insurance Commissioner Kevin McCarty has announced he has issued an order approving the proposed rate decrease submitted by the National Council on Compensation Insurance (NCCI) for workers' compensation insurance rates. The NCCI filing submitted Aug. 20 includes an ov

CO: Lawmakers Expected to Vote on Pinnacol Bills

LexisNexis Workers' Compensation Law Center Staff — Fri, 16 Oct 2009 03:27:22 GMT

DENVER, CO - The Denver Daily News reports that lawmakers were expected to vote soon on several bills aimed at solving "serious problems" with Pinnacol Assurance, the state's workers' compensation insurer of last resort. Read the draft bills

OH: Former Mark Dann Aide Argues His Case Before Bureau of Workers' Compensation

LexisNexis Workers' Compensation Law Center Staff — Fri, 16 Oct 2009 03:34:15 GMT

COLUMBUS, OH - Anthony Gutierrez made his case before a state panel Thursday that he should not have to pay workers’ compensation costs for four workers at his home- remodeling business. Read more at The Vindicator

FL: Summit Holdings Plans Lay Offs of More Than 70 Employees

LexisNexis Workers' Compensation Law Center Staff — Fri, 16 Oct 2009 03:30:27 GMT

LAKELAND, FL - Summit Holdings, a workers' compensation carrier, plans to lay off more than 70 employees in the coming months. Read more at The Ledger

CT: Chimp Owner Says Chimp Attack Should Be Covered by Workers' Comp

LexisNexis Workers' Compensation Law Center Staff — Thu, 15 Oct 2009 10:19:23 GMT

NEW HAVEN, CT - An attorney for the owner of a chimpanzee that attacked a Connecticut woman in February is arguing that the attack should be treated like a worker's compensation claim, which would severely limit monetary damages. Read more at USA Today

OH: Supreme Court Justice Comments on His Dissent in Specific Safety Requirement Case

LexisNexis Workers' Compensation Law Center Staff — Thu, 15 Oct 2009 09:59:11 GMT

COLUMBUS, OH - State Supreme Court Justice Paul E. Pfeifer wrote an editorial about his lone dissent in a recent case involving an employee, who was injured by a milling machine and who alleged that his injury was a result of the employer’s violation of a specific safety r

NJ: NJCIRB Compiles Rate Revision Classification Experience for Policy Years 2002-2006

LexisNexis Workers' Compensation Law Center Staff — Thu, 15 Oct 2009 09:46:03 GMT

NEWARK, NJ - The New Jersey Compensation Rating and Inspection Bureau has announced that the latest individual classification experience (Schedule Z) has been compiled and will form the basis of the January 1, 2010 revision of manual rates. Read the circular Source: NJCIRB

NJ: NJCRIB Considers Rate Manual Change for 1/1/2010 Effective Date

LexisNexis Workers' Compensation Law Center Staff — Thu, 15 Oct 2009 09:40:49 GMT

NEWARK, NJ - The New Jersey Compensation Rating and Inspection Bureau announced that a revision of the Manual of Rates is under consideration for a January 1, 2010 effective date. Read the circular Source: NJCRIB

Panel Explores Role of State Agencies in Disabiity Management

LexisNexis Workers' Compensation Law Center Staff — Thu, 15 Oct 2009 01:50:52 GMT

MINNEAPOLIS, MN - At the recent International Association of Industrial Accident Boards and Commissions (IAIABC) 95th Annual Convention, Sept. 21-24, 2009, a panel of experts explored the role of state workers' compensation agencies in disability management. Read the summary Source: I

TX: TDI Posts Reminder of Notice Requirement for Increase of Automatic Premium Payments

LexisNexis Workers' Compensation Law Center Staff — Thu, 15 Oct 2009 01:39:45 GMT

AUSTIN, TX - The Texas Dept. of Insurance has posted a bulletin to notify insurers of the requirements of House Bill 3221, amending Section 550.002 of the Insurance Code relating to the required notification before automatic premium payments may be increased. Read the bulletin Source

NC: North Carolina Rate Bureau Posts Reference Filings

workerscompensation.com — Wed, 14 Oct 2009 11:08:42 GMT

Raleigh, NC (CompNewsNetwork) - The following loss cost and residual market rate filings have been filed with the North Carolina Commissioner of Insurance …[ read more ]

NCCI Posts Experience Rating Update Report

LexisNexis Workers' Compensation Law Center Staff — Wed, 14 Oct 2009 11:01:21 GMT

BOCA RATON, FL - NCCI has posted the latest Experience Rating update, an annual publication that provides insight into how well the Experience Rating Plan is performing. View the report

ND: Injured Workers to Picket WSI and Deliver Bill of Rights for Injured Workers to Governor, WSI Executive Director

LexisNexis Workers' Compensation Law Center Staff — Wed, 14 Oct 2009 10:46:26 GMT

WEST FARGO, ND - Injured workers are rallying on Thursday, October 15, and picketing in front of the Workforce Safety & Insurance Building. They also intend to gather at the Capitol Plaza Steps later that day for a public presentation of a Bill of Rights for North Dakot

OR: DCBS Posts 2008 Compensable Claims Characteristics Tables

LexisNexis Workers' Compensation Law Center Staff — Wed, 14 Oct 2009 02:16:59 GMT

SALEM, OR - In 2008 the Oregon Department of Consumer and Business Services received notification of 21,660 accepted claims for occupational injuries and diseases that entitled workers to compensation for disability or death. The 2008 Accepted Disabling Claim Characteristics tables are now availabl

TX: DWC Posts Information About Sunset Process and Review

LexisNexis Workers' Compensation Law Center Staff — Wed, 14 Oct 2009 01:35:14 GMT

AUSTIN, TX - The Texas Division of Compensation is scheduled for Sunset review by the 82nd Texas Legislature in 2011. This DWC has set up a resource page with basic information about the Sunset process and specific information regarding the review. Source TX DWC

IL: NCCI Reports Workers' Comp Premium and Claim Frequency Continue to Decline

LexisNexis Workers' Compensation Law Center Staff — Tue, 13 Oct 2009 01:45:38 GMT

BOCA RATON, FL - NCCI has recently posted its State Advisory Forum for Illinois in which it states, among other things, that workers' compensation premium and claim frequency continue to decline, accident year combined ratio has increased, indemnity and medical loss ratios are holding steady, and c

OR: NCCI Reports Severe Job Lossses in State Have Impacted Indemnity Costs

LexisNexis Workers' Compensation Law Center Staff — Tue, 13 Oct 2009 01:40:23 GMT

BOCA RATON, FL - NCCI has posted its State Advisory Forum for Oregon in which it reports, among other things, that indemnity costs have been impacted by delayed return to work as a result of the recession and loss of jobs in the state, which is high compared to the national average and&nb

FL: NCCI Says Beneficial Effects of 2003 Reforms Have Ended

LexisNexis Workers' Compensation Law Center Staff — Tue, 13 Oct 2009 01:19:25 GMT

BOCA RATON, FL - NCCI has posted its State Advisory Forum for Florida in which it states that the beneficial effects of SB 50A, the 2003 reforms, have ended. NCCI reports that there has been little improvement in Calendar-Accident Year 2008 experience, the decline in claim frequency has flattened o

AZ: Industrial Commission Provides Guidance on Significant Exposure Under the Workers' Comp Act

LexisNexis Workers' Compensation Law Center Staff — Tue, 13 Oct 2009 01:06:25 GMT

PHOENIX, AZ - The Industrial Commission of Arizona has recently provided general guidance on the topic of significant exposure under the Workers' Compensation Act, particularly in regards to bloodborne pathogens, tuberculosis, MRSA, and meningitis. Read the guidelines here Sou

WA: Democratic Lawmakers Defend Proposal for Workers' Comp Rate Increase

LexisNexis Workers' Compensation Law Center Staff — Tue, 13 Oct 2009 00:45:01 GMT

OLYMPIA, WA - State Senator Jeanne Kohl-Welles, D-Seattle, chair of the Senate Labor, Commerce & Consumer Protection Committee, and State Representative Steve Conway, D-Tacoma, chair of the House Commerce & Labor Committee, have written an opinion piece pu

CA: Governor Vetoes Bill to Make SCIF a State Agency for Purposes of Audits and to Regulate SCIF's Advertising

LexisNexis Workers' Compensation Law Center Staff — Mon, 12 Oct 2009 14:09:22 GMT

SACRAMENTO, CA - Governor Schwarzenegger has vetoed AB 1447, which would have made the State Compensation Insurance Fund a state agency for purposes of being audited by the Bureau of State Audits. It would have also required SCIF to state in its advertisements that it was self-funded

CA: Governor Signs Bill Related to Employer's Refual to Pay for Medical Treatment

LexisNexis Workers' Compensation Law Center Staff — Mon, 12 Oct 2009 13:56:41 GMT

SACRAMENTO, CA - Governor Schwarzenegger has signed AB 361 into law. According to the Legislative Counsel's Digest: This bill provides that, regardless of whether an employer has established a medical provider network or entered into a contract with a health care organization, an employer tha

CA: Governor Signs Pre-Designatinon of Physician Bill

LexisNexis Workers' Compensation Law Center Staff — Mon, 12 Oct 2009 13:52:45 GMT

SACRAMENTO, CA - Governor Schwarzenegger has signed SB 186 into law. According to the Legislative Counsel's Digest: Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their emplo

CA: Governor Signs "Taneka Talley's Law" Related to Racial Violence and Workers' Comp

LexisNexis Workers' Compensation Law Center Staff — Mon, 12 Oct 2009 10:28:40 GMT

SACRAMENTO CA - Governor Schwarzenegger has signed AB 1093 into law. AB 1093, also known as "Taneka Talley's Law" would would, according to the Legislative Counsel's Digest, "provide that for purposes of determining whether to grant or deny a workers' compensation claim, i

CA: Governor Signs Bill Related to Salary Leave in Lieu of Temporary Disability for Public Employees

LexisNexis Workers' Compensation Law Center Staff — Mon, 12 Oct 2009 10:53:01 GMT

SACRAMENTO, CA - Governor Schwarzenegger has signed AB 1227 into law. According to the Legislative Counsel's Digest: The bill provides that Existing law generally provides that whenever certain public employees who are members of the Public Employees' Retirement System or the Los Angeles City

CA: Governor Signs Bill Requiring Workers' Comp Rating Organizations to Provide Policy Information on Web Site

LexisNexis Workers' Compensation Law Center Staff — Sun, 11 Oct 2009 22:51:23 GMT

SACRAMENTO, CA - Governor Schwarzenegger has signed AB 483 into law. The Legislative Counsel's Digest reads: Existing law provides that a licensed rating organization shall make available specified policy information relating to workers' compensation insurance, as specified. This

CT: Columnist Queries $76,000 in Mileage Reimbursements for Workers' Comp Commissioners

LexisNexis Workers' Compensation Law Center Staff — Sun, 11 Oct 2009 11:18:10 GMT

HARTFORD, CT - A columnist at the Hartford Courant notes that, at a time when the state is having a budget crisis, the 16 members of the Workers' Compensation Commission received $76,000 in mileage reimbursements for driving to and from work during the past fiscal year, and no one has ever questi

CT: Recession Doubles Workers' Comp Claims Filed With Commission

LexisNexis Workers' Compensation Law Center Staff — Sun, 11 Oct 2009 00:30:01 GMT

HARTFORD, CT - The recession in Connecticut has nearly doubled the number of initial claims for work-related injuries filed with the state Workers' Compensation Commission over the last four years. Read more at the Connecticut Post.

CA: Governor Threatens to Veto Hundreds of Bills Unless Lawmakers Agree to Fix State's Aging Water System

LexisNexis Workers' Compensation Law Center Staff — Sat, 10 Oct 2009 01:25:22 GMT

SACRAMENTO, CA - Governor Schwarzenegger has threatened to veto hundreds of bills unless lawmakers agree on a comprehensive fix to the states's aging water system. Bills in jeopardy include "Taneka's Law", which would provide that for purposes of determining whether to grant or

TX: Texas Mutual Announces $801,625 Dividend to Lone Star Auto Dealers

LexisNexis Workers' Compensation Law Center Staff — Sat, 10 Oct 2009 01:15:45 GMT

AUSTIN, TX - Texas Mutual Insurance Company recenty announced a $801,625 dividend to the Lone Star Auto Dealers purchasing group, which has earned close to $4 million in dividends over the past seven years. Read more at Insurance Journal

NY: Executive Director of State Workers' Comp Board Named Senate Finance Secretary

LexisNexis Workers' Compensation Law Center Staff — Sat, 10 Oct 2009 01:00:55 GMT

ALBANY, NY - New York State Senate Finance Committee Chair Carl Kruger announced Friday that Joseph F. Pennisi has been named Senate Finance Secretary. Mr. Pennisi will leave his current position as Executive Director of the New York State Workers’ Compensation Board, where he

CA: Columbus Day May Feature Fireworks

LexisNexis Workers' Compensation Law Center Staff — Fri, 09 Oct 2009 17:46:39 GMT

California – Columbus Day is no longer a state holiday, but no matter some state workers are staying home much to the chagrin of the governor. Will anyone blink? Who has the stronger case? . . . read more at Workers’ Comp Executive

NY: SWCB Beloten's Testimony to Labor Senate Over Digital Recordings

workerscompensation.com — Fri, 09 Oct 2009 10:33:54 GMT

New York, NY (CompNewsNetwork) - The following statement is made by Robert Beloten, Chair of the New York State Workers' Compensation Board, to the Senate Labor Committee over utilizing digital audio recordings: "Chairman Onorato and members of the Senate Labor Committee: My name is Robert

SC Advisory on Coverage Requirements

workerscompensation.com — Fri, 09 Oct 2009 10:36:54 GMT

Columbia, SC (CompNewsNetwork) - Employers frequently contact the SC Workers’ Compensation Commission to ask, “Do I need workers’ compensation insurance?” Any employer in South Carolina who regularly has four or more workers full-time or part-time is required to ha

CA: Ogilvie En Banc Decision Appealed, Petition Filed With Court of Appeal, First Appellate District

LexisNexis Workers' Compensation Law Center Staff — Fri, 09 Oct 2009 09:16:53 GMT

SAN FRANCISCO, CA - The attorney for the applicant Wanda Ogilvie has filed a petition for writ of review on October 7, 2009, with the Court of Appeal, First Appellate District, challenging the WCAB's en banc decision in Ogilvie v. City and County of San Francisco (2009) 74 Cal. Comp. Cases 112

CA: Weiner En Banc Decision Appealed, Petition Filed With Court of Appeal, Second Appellate District

LexisNexis Workers' Compensation Law Center Staff — Fri, 09 Oct 2009 09:24:39 GMT

LOS ANGELES, CA - The attorney for Ralph Weiner has filed a petition for writ of review on Sept. 28, 2009, with the Court of Appeal, Second Appellate District, challenging the WCAB's en banc decision in Weiner v. Ralphs Co. (2009) 74 Cal. Comp. Cases 736. Read the docket here Read th

CA: Governor Files Response in Furlough Appeal Case Brought by CASE

LexisNexis Workers' Compensation Law Center Staff — Fri, 09 Oct 2009 01:15:45 GMT

SACRAMENTO, CA - Attorneys for Governor Arnold Schwarzenegger have filed the administration's response to the anti-furlough order arguments made by CASE, the California Attorneys, Administrative Law Judges and Hearing Officers in State Employment. Read the Governor's brief (respondent) (

MA: AIA Testifies in Support of Workers' Comp Insurance Legislation

LexisNexis Workers' Compensation Law Center Staff — Fri, 09 Oct 2009 00:41:07 GMT

BOSTON, MA - The American Insurance Association recently testified at a hearing before the Committee on Labor and Workforce Development in support of workers' compensation legislation in Massachusetts that would promote competitive insurance rating among carriers requiring them to operate

CA: iWAR Group Says Insurance Companies Discriminate Against Women in Workplace

LexisNexis Workers' Compensation Law Center Staff — Thu, 08 Oct 2009 19:15:45 GMT

California – iWAR , Injured Women After Reform, was founded by women lawyers and the injured women they represent. iWAR asserts that SB 899, which was signed by California Governor Schwarzenegger in 2004, and the subsequent regulations that were promulgated pursuant to SB 899, have legalized

OR: MAC Posts July Meeting Minutes on AMA Guides, Cervical Disc Registry, Opioids, Impairment Rating

LexisNexis Workers' Compensation Law Center Staff — Thu, 08 Oct 2009 18:02:21 GMT

SALEM, OR - The Oregon Medical Advisory Committee met on Friday, July 17, 2009 at Clackamas Community College for its regularly scheduled meeting. Topics for discussion included the AMA Guides, the Cervical Disc Registry, and the Opioids, Impairment Rating. AMA Guides Sixth Edition C

CA: Temporary Total Disability Rate for 2010 Increases to $986.69 Per Week

LexisNexis Workers' Compensation Law Center Staff — Thu, 08 Oct 2009 11:59:04 GMT

OAKLAND, CA - The maximum temporary total disability (TTD) rate will increase to $986.69 on Jan. 1, 2010. This increase to the maximum TTD rate marks the fourth consecutive year the TTD rate will be affected by a change in the state average weekly wage (SAWW). Beginning in 2006, Labor Code sect

U.S. Senate Passes Amendment Restricting Use of Arbitration Provisions by Federal Contractors

LexisNexis Workers' Compensation Law Center Staff — Thu, 08 Oct 2009 11:51:07 GMT

Washington, D.C. - On October 6, 2009, the Senate passed an amendment (SA 2588) to the Department of Defense Appropriations Act of 20l0 (HR 3326) which will restrict the use of binding arbitration provisions by federal contractors. Thus, federal contractors who make employees sign mandator

9th Circuit Ruling on Return to Work Tests Sets New Guidelines for Employers

LexisNexis Workers' Compensation Law Center Staff — Thu, 08 Oct 2009 11:24:14 GMT

SAN FRANCISCO, CA - The Ninth Circuit Court of Appeals recently ruled that an injured employee trying to return to work can file a lawsuit against an employer under the Americans with Disabilities Act for the manner in which it administered a functional capacity evaluation. Read more at

OK Committee Studies WC Reform

workerscompensation.com — Thu, 08 Oct 2009 11:09:07 GMT

Oklahoma City, OK (CompNewsNetwork) - Members of the House Economic Development and Financial Services Committee considered a major overhaul of Oklahoma’s workers compensation system this week. State Rep. Mark McCullough, who has authored a major reform bill on the topic, said the stat

RIMS Survey Shows Workers' Comp Premiums Fell 4.5% on Average in Third Quarter

LexisNexis Workers' Compensation Law Center Staff — Thu, 08 Oct 2009 00:31:11 GMT

A RIMS Benchmark Survey indicates that workers' compensation premiums fell an average of 4.5% during the Third Quarter, due in part to depressed sales and payrolls. Read more at Business Insurance

IA: Insurance Commissioner Approves 2.3% Workers' Comp Rate Increase Effective 1/1/2010

LexisNexis Workers' Compensation Law Center Staff — Thu, 08 Oct 2009 00:25:35 GMT

DES MOINES, IA - Insurance Commissioner Susan Voss has approved an overall 2.3% rate increase for workers' compensation insurance effective January 1, 2010. Read the Commissioner's order Source: Iowa Insurance Division

OK: Task Force Says Sale of CompSource Could Net $150M for State

LexisNexis Workers' Compensation Law Center Staff — Thu, 08 Oct 2009 00:06:12 GMT

OKLAHOMA CITY, OK - The state government could net between $150 million and $200 million if it sells CompSource Oklahoma rather than making the state workers’ compensation insurance carrier a mutual insurer, a task force was told Wednesday. Read more at The Journal Record

TX: DOI Introduces Comp Connection for Health Care Providers

workerscompensation.com — Wed, 07 Oct 2009 15:05:44 GMT

Dallas, TX (CompNewsNetwork) - Health care providers in the Texas workers' compensation system can now obtain practical information and guidance on treating injured employees by calling the toll-free Comp Connection for Health Care Providers at 1-800-372-7713 or in the Austin area

OK: Increasing Employee Choice Could Lower Worker Comp Costs

workerscompensation.com — Wed, 07 Oct 2009 10:39:02 GMT

Oklahoma City, OK (CompNewsNetwork) - Giving employees the opportunity to choose a traditional health insurance policy with a supplement instead of a workers compensation policy could increase benefits while saving money, state lawmakers were told today. Randy Kyler, owner of Sooner Construction

NE: Meat Packing Plant Workers Say Pace Brutal

LexisNexis Workers' Compensation Law Center Staff — Wed, 07 Oct 2009 02:31:00 GMT

Nebraska - An Appleseed report says production line speed remains extremely high at Nebraska meat packing plants, this based on interviews with 455 workers who complained about hazardous workplaces, unrelenting line speed, and humiliating treatment and verbal abuse. Read more at the Lincoln

MA: High Court Grills Attorneys in Teacher Ski Injury Case

LexisNexis Workers' Compensation Law Center Staff — Wed, 07 Oct 2009 02:21:13 GMT

PEABODY, MA - Peabody's lawyer faced tough questions from the justices of the state's highest court on Monday as he argued the city's appeal of a workers' compensation claim involving a teacher who was injured in a fall while chaperoning a school-sponsored ski trip in 2005. Read more at The S

CA: State's Largest Self-Insured Group Surpasses $1.3 Billion in Covered Payroll

LexisNexis Workers' Compensation Law Center Staff — Wed, 07 Oct 2009 02:16:41 GMT

SACRAMENTO, CA - Spurred by new member growth in September, the California Restaurant Mutual Benefit Corporation (CRMBC) has eclipsed the $1.3 billion covered payroll mark. California 's largest self-insured group (SIG) now has a total member locations count of 3,100. And for the first

MD: Officials Say State Needs to Do More to Crack Down on Workers' Comp Fraud

LexisNexis Workers' Compensation Law Center Staff — Wed, 07 Oct 2009 02:07:40 GMT

Maryland - Montgomery County officials say the state is not doing enough to address the serious issue of undetected and unaddressed fraud in the workers' compensation system. Read more in the Washington Examiner

CA: Court Rules Name Changes Do Not Prevent Workers' Comp Payout

LexisNexis Workers' Compensation Law Center Staff — Tue, 06 Oct 2009 22:32:23 GMT

California - A series of company name changes and internal corporate mergers do not prevent an employer from tapping the California Insurance Guarantee Assn., a state appeals court ruled Monday. Read more at Business Insurance Lexis.com subscribers can access the case here

CA: Insurance Commissioner Holds Hearing on WCIRB Request for 22.8 Percent Hike in Claims Cost Benchmark

LexisNexis Workers' Compensation Law Center Staff — Tue, 06 Oct 2009 16:38:57 GMT

SACRAMENTO, CA - Insurance Commissioner Steve Poizner today issued the following statement on his hearing on Workers' Compensation Insurance Rating Bureau's (WCIRB) request to increase the Workers Compensation Cost Claims Benchmark by 22.8 percent: "During this deep recession, any increas

Senate Panel Includes Coal Miners and First Responders Amendment in Healthcare Reform Bill

LexisNexis Workers' Compensation Law Center Staff — Tue, 06 Oct 2009 09:54:18 GMT

Washington, D.C. -- Senator John D. (Jay) Rockefeller IV, Chairman of the Senate Finance Subcommittee on Health Care, successfully fought and succeeded in having his Excise Tax Amendment (F1 modified) included in the Finance Committee health care reform bill. The amendment is designed to pr

Military Research Helps Improve Detection, Prevention and Treatment of Traumatic Brain Injury

LexisNexis Workers' Compensation Law Center Staff — Tue, 06 Oct 2009 01:06:59 GMT

A military study into the detection, prevention and treatment of brain injury indicates that many of the symptoms of post traumatic stress disorder mimic the symptoms of traumatic brain injury. Cognitive testing and new diagnostic imaging technologies used by the military have helped detect tr

MO: Small Businesses Worried About Higher Premiums as a Result of Second Injury Fund's Financial Woes

LexisNexis Workers' Compensation Law Center Staff — Tue, 06 Oct 2009 00:45:33 GMT

Missouri - The National Federation of Independent Business is concerned about how its members might be hit with higher premiums as a result of the possible insolvency of Missouri's Second Injury Fund. Read more at Missourinet

MA: High Court Hears Arguments in Case of Teacher Injured on Ski Trip

LexisNexis Workers' Compensation Law Center Staff — Tue, 06 Oct 2009 00:38:01 GMT

PEABODY, MA - The Supreme Judicial Court heard oral arguments on Monday in the case of a high school teacher who volunteered to chaperone the school's ski club on a trip to Vermont and was injured on the ski slopes. The issue is whether the teacher is entitled to workers' compensation or whether sh

WV: Alcan Workers Claim Medical Records Revealed to Prevent Filing of Workers' Comp Claims

LexisNexis Workers' Compensation Law Center Staff — Tue, 06 Oct 2009 00:27:48 GMT

CHARLESTON, WV - In a putative class action lawsuit, Alcan workers allege their medical records were wrongfully revealed to threaten them against filing workers' compensation claims. Read more at The West Virginian Record

NY: WCB Posts Carrier Performance Standard for Waiving Proof of Coverage Penalties

LexisNexis Workers' Compensation Law Center Staff — Mon, 05 Oct 2009 12:00:13 GMT

ALBANY, NY – The New York State Workers' Compensation Board has issued Subject Number 046-365: To: Workers' Compensation Carriers and the New York State Insurance Fund The need to submit timely proof of coverage (POC) transactions to the Board cannot be overstated. In addition to playin

US DoL Notifies Former NJ Employees of New Special Exposure Cohort Designation

workerscompensation.com — Mon, 05 Oct 2009 11:19:42 GMT

Washington, DC (CompNewsNetwork) - The U.S. Department of Labor would like to notify all former Standard Oil Development Co. workers who worked in Linden, N.J., from 1942 to 1945 about a new class of employees added to the Energy Employees Occupational Illness Compensation Program Act's (EEOICPA) S

OR: WCB Office Closures/Furloughs

workerscompensation.com — Mon, 05 Oct 2009 11:02:40 GMT

Portland, OR (CompNewsNetwork) - Tough economic times have severely reduced state revenues, forcing legislatures throughout the nation to make deep cuts in state budgets. Nearly half the states have found that temporary closures and furloughs are necessary ways to save money while preserving the

ME: Medical Fee Schedule Sparks Debate With Employers and Healthcare Providers

LexisNexis Workers' Compensation Law Center Staff — Mon, 05 Oct 2009 10:49:50 GMT

AUGUSTA, ME - Employers in Maine continue to pressure the Workers' Compensation Board to create a medical fee schedule that considerably lowers medical fees that hospitals and other medical providers can charge them for treatment of injured workers. Medical providers argue that if the fees are

Study Says Workers' Comp State Funds Are Significant and Growing Competitive Force

LexisNexis Workers' Compensation Law Center Staff — Mon, 05 Oct 2009 10:35:47 GMT

HARFORD, CT - Workers’ compensation state funds have achieved a significant share of the overall insured workers’ compensation market, with market share increasing in many of the states in which they write, according to a new study by Conning Research and Consulting. “Workers C

CA: Los Angeles Port Truckers Win Court Victory in Driver Misclassification Suit

LexisNexis Workers' Compensation Law Center Staff — Sat, 03 Oct 2009 11:40:41 GMT

LOS ANGELES, CA - Trucking companies in the Port of Los Angeles recently won a court victory against California Attorney General Jerry Brown, who sought to prevent trucking companies from using independent contractor drivers. A Los Angeles Superior Court judge held that&nbs

AK: Workers' Comp Board Tables Controversial Change to Rehabilitation of Injured Workers

LexisNexis Workers' Compensation Law Center Staff — Sat, 03 Oct 2009 11:17:48 GMT

JUNEAU, AK - The Workers' Compensation Board has tabled a controversial proposed to streamline what it says is an inconsistent system for the rehabilitation and reemployment of injured workers. Labor lawyers argue that the proposed changes will hurt injured workers and that the state is trying to c

Senate Panel Disfavors 24-Hour Amendment for Healthcare Reform

LexisNexis Workers' Compensation Law Center Staff — Fri, 02 Oct 2009 21:53:40 GMT

WASHINGTON, D.C. - The National Underwriter reports that the Senate Finance Committee completed its work on health care reform legislation today, taking no action whatsoever on the so-called “24 hour amendment,” which would have merged medical components of workers&rsqu

CA: Chiropractor Acquitted of Workers' Comp Fraud Files Lawsuit for $5 Million Plus Punitive Damages

LexisNexis Workers' Compensation Law Center Staff — Fri, 02 Oct 2009 21:31:09 GMT

MODESTO, CA - The Modesto Bee reports that Wilmer Origel, a Modesto chiropractor acquitted by a jury on charges that he defrauded insurers and workers' compensation out of millions of dollars, has filed a multi-million dollar lawsuit in federal court last week against those who un

OSHA Begins National Emphasis Program on Recordkeeping

workerscompensation.com — Fri, 02 Oct 2009 10:49:57 GMT

Washington, DC (CompNewsNetwork) - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is initiating a national emphasis program (NEP) on recordkeeping to assess the accuracy of injury and illness data recorded by employers. The recordkeeping NEP involves inspecti

OH: BWC Narrows Down Search for Firm to Oversee Passive Index Fund

LexisNexis Workers' Compensation Law Center Staff — Fri, 02 Oct 2009 10:35:14 GMT

COLUMBUS, OH - IM Weekly reports that the $16.9 billion Ohio Bureau of Workers' Compensation has trimmed down the list of firms vying to oversee a passive index fund. The list includes Barclays Global Investors, Mellon Capital Management, Northern Trust and State Street

OK: 2010 Ballot Issue Seeks to Change Workers' Compensation Court

LexisNexis Workers' Compensation Law Center Staff — Fri, 02 Oct 2009 10:21:04 GMT

OKLAHOMA CITY, OK - The Edmond Sun reports that voters will decide in November 2010 whether the Senate will be needed to confirm the Governor's choices for Workers' Compensation Court judges. The author of State Question 753 points out that this is the model followed by a majo

MO: Attorney General Temporarily Halts New Settlements With Injured Workers

LexisNexis Workers' Compensation Law Center Staff — Thu, 01 Oct 2009 23:16:18 GMT

JEFFERSON CITY, MO - The St. Louis Dispatch reports that Missouri Attorney General Chris Koster has temporarily stopped settling new cases with some injured workers, citing concerns about the solvency of the Missouri Second Injury Fund.

CA: Court Ruling on Illegal State Fund Furloughs Proves Costly for State

LexisNexis Workers' Compensation Law Center Staff — Thu, 01 Oct 2009 22:59:07 GMT

SAN FRANCISCO, CA - According to The Sacramento Bee , the court ruling last month that the Governor illegally furloughed workers at the State Compensation Insurance Fund will end up costing the state $23.5 million plus 7 percent interest (approximately $1.6 million).

CA: Departing CEO Jan Frank Praised for Bringing State Fund Back on Track

LexisNexis Workers' Compensation Law Center Staff — Thu, 01 Oct 2009 22:35:56 GMT

SAN FRANCISCO, CA - Janet D. Frank, who announced her resignation last week as the CEO of the State Compensation Insurance Fund, has been praised for bringing the State Fund back on track after a management scandal led to the resignation of two board members and the firing of its former director.&n

Columnist Says Insurers Need to Crack Down on Premium Fraud

LexisNexis Workers' Compensation Law Center Staff — Thu, 01 Oct 2009 22:23:18 GMT

According to a columnist at Business Insurance , insurers need to do more about premium abuse, what with p remium fraud costing the workers' comp system at least as much as claimant and medical provider fraud combined.

AZ Drug and Alcohol Testing Policy Is Repealed

workerscompensation.com — Thu, 01 Oct 2009 12:13:45 GMT

Phoenix, AZ (CompNewsNetwork) - Effective September 30, 2009 subsections (C) through (H) of A.R.S. §23-1021 were repealed. This repeal eliminates the provisions that stated a work-related injury/death was not compensable if the employee was impaired due to alcohol or controlled substances an

CT Worker Deaths Total 28 in 2008

workerscompensation.com — Thu, 01 Oct 2009 12:11:29 GMT

Wethersfield, CT (CompNewsNetwork) - Work injuries were the cause of 28 deaths in this state during 2008, the Connecticut Department of Labor’s Division of Occupational Safety and Health (CONN-OSHA) reported today. According to State Labor Commissioner Patricia H. Mayfield, this figure is

WV: BrickStreet Mutual Remits Final Payment to State

LexisNexis Workers' Compensation Law Center Staff — Wed, 30 Sep 2009 21:13:14 GMT

CHARLESTON, WV - BrickStreet Mutual Insurance has remitted its final payment to West Virginia for funds it owes the state for aiding its transition from a state-run organization to a private carrier in 2006. Source: Insurance Journal

Experts Warn That Physician-Patient Relationship May Blur During Independent Medical Examination

LexisNexis Workers' Compensation Law Center Staff — Wed, 30 Sep 2009 21:03:39 GMT

Lawrence H. Brenner, JD, and B. Sonny Bal, MD, MBA, have written an article in Orthopedics Today that although a physician employed to examine a patient on behalf of a third party, such as an insurance company or attorney, does not generally establish a physician-patient relationship,&n

CA: Nurses Association Issues Policy on H1N1 Flu Vaccination: Encourage, Don’t Mandate

LexisNexis Workers' Compensation Law Center Staff — Wed, 30 Sep 2009 20:14:48 GMT

OAKLAND, CA - As the national H1N1 pandemic arrives, with the vaccine following shortly, the nation’s largest professional association and union of registered nurses has issued new nursing practice guidelines to structure its use. The California Nurses Association/National Nurses Orga

VT: High Court Allows Employee's Suit Against Supervisor Under Workers' Comp Act, Fair Employment Practice Act

LexisNexis Workers' Compensation Law Center Staff — Wed, 30 Sep 2009 20:07:59 GMT

MONTPELIER, VT - A former U.S. Airways flight attendant can sue her supervisor as an individual under Vermont’s Workers Compensation Act and its Fair Employment Practices Act, the state Supreme Court has ruled. Source: Business Insurance Lexis.com subscribers can access the cas

GA: Steve Farrow Appointed to State Board of Workers' Compensation

LexisNexis Workers' Compensation Law Center Staff — Wed, 30 Sep 2009 20:00:17 GMT

ATLANTA, GA - Dalton attorney Steve Farrow has been appointed by Gov. Sonny Perdue to the State Board of Workers’ Compensation. Source: The Daily Citizen

TX WCREG's Release on RTW Outcomes for TX Injured Workers

workerscompensation.com — Wed, 30 Sep 2009 11:24:16 GMT

Dallas, TX (CompNewsNetwork) - The Texas Department of Insurance's Workers' Compensation Research and Evaluation Group released a report on Return-To-Work Outcomes for Texas injured workers. The report focuses on four areas: Initial RTW Rate Sustained RTW Rate Tr

TX WCREG's Reports on Impacts of 2007 ODG-TWC Guidelines

workerscompensation.com — Wed, 30 Sep 2009 11:15:34 GMT

Dallas, TX (CompNewsNetwork) - The Texas Department of Insurance's Workers' Compensation Research and Evaluation Group recently published a preliminary report on the impacts of the 2007 adoption of ODG-TWC Treatment Guidelines on Medical Utilization and Costs. Here are some of the highlights of t

CA: Monterey County Officials Consider Borrowing From Workers' Comp Fund to Help With County's Budget Crisis

LexisNexis Workers' Compensation Law Center Staff — Wed, 30 Sep 2009 09:45:52 GMT

MONTEREY COUNTY, CA - Monterey County officials are hoping to get a loan using the state's promise to repay with interest the local property tax revenues that were borrowed to help with the state's budget. But if the loan doesn't come through, County officials say they may

9th Circuit Says Physical Capacity Test Is Grounds for ADA Lawsuit

LexisNexis Workers' Compensation Law Center Staff — Tue, 29 Sep 2009 23:43:24 GMT

PORTLAND, OR - Georgia-Pacific Corp. can be sued for violating the Americans with Disabilities Act by applying a physical capacity evaluation to an injured employee returning to work, the U.S. 9th Circuit Court of Appeals ruled Monday. Source: Business Insurance Lexis.com subscribers can a

NY: Dept. of Health Says Healthcare Workers Must Be Vaccinated Against Seasonal and Swine Flu or Face Termination

LexisNexis Workers' Compensation Law Center Staff — Tue, 29 Sep 2009 23:28:46 GMT

NEW YORK - Workers in New York State say they will fight a mandate that health care professionals be vaccinated against influenza, both seasonal and the swine flu, by November 30th, or face termination. Source: InjuryBoard.com

FL: Florida Workers' Comp Insurance Guaranty Association Elects New Board of Directors

LexisNexis Workers' Compensation Law Center Staff — Tue, 29 Sep 2009 22:33:41 GMT

TALLAHASSEE, FL - The Florida Workers' Compensation Insurance Guaranty Association has announced its newly elected / re-elected board of directors. Terms begin Oct. 1, 2009 and run through Sept. 30, 2013. Source: Claims Journal

Sears, Roebuck to Pay $6.2 Million for Disability Bias Against Workers’ Comp Claimants

LexisNexis Workers' Compensation Law Center Staff — Tue, 29 Sep 2009 22:29:22 GMT

Federal Court Approves Largest Monetary Amount Ever in Single EEOC ADA Suit; Employees Allegedly Terminated Based on Inflexible Workers’ Compensation Leave Exhaustion Policy CHICAGO, IL – The U.S. Equal Employment Opportunity Commission (EEOC) has announced the entry of a record-

CMS Adds New Information for Use of Agents by Responsible Reporting Entities

LexisNexis Workers' Compensation Law Center Staff — Tue, 29 Sep 2009 20:25:51 GMT

WASHINGTON, D.C. – The Centers for Medicare & Medicaid Services has updated information to the Group Health Plan (GHP) and Liability Insurance, Self-Insurance, No-Fault Insurance and Workers Compensation (NGHP) pages regarding Responsible Reporting Entities (RRE) use of Agents. For GHP

IL: Ingenix Corrects Error In Anesthesia Fee Schedule

workerscompensation.com — Tue, 29 Sep 2009 10:38:58 GMT

Chicago, IL (CompNewsNetwork) - Ingenix has just posted new rates for the 2009 anesthesia fee schedule. Instead of applying the 2009 increase of 5.37% to the 2008 rates, it erroneously applied …[ read more ]

NH: Dept. of Labor Alerts Carriers for Incorrect FEIN for EDI POC Beta

workerscompensation.com — Tue, 29 Sep 2009 10:35:09 GMT

Concord, NH (CompNewsNetwork) - The New Hampshire Department of Labor is currently in the process of testing the new EDI POC system with NCCI. Throughout this testing process, the New Hampshire Department of Labor noticed that many NCCI records are utilizing incorrect …[ read more

OH: Deloitte Study and Recommendations for BWC’s Rating Programs Completed

LexisNexis Workers' Compensation Law Center Staff — Tue, 29 Sep 2009 10:18:54 GMT

COLUMBUS, OH - Pursuant to 2007 legislation, the Ohio Bureau of Compensation has undertaken and completed a comprehensive, independent study of its rating programs. The BWC hired Deloitte Consulting LLP to provide a comprehensive study of our rating programs. The BWC says it will post regular upd

MD: Workers’ Comp Commission Sets Up New RSS Feeds and Twitter Page

LexisNexis Workers' Compensation Law Center Staff — Tue, 29 Sep 2009 10:15:34 GMT

BALTIMORE, MD - The Maryland Workers’ Compensation Commission has announced that its new RSS feeds and Twitter page are officially open for business. The WCC’s RSS feeds serve information about the WCC's Current Notices and WFMS Online Services system status information.

FL: DWC Posts Slide Presentation From 2009 FWCI Conference

LexisNexis Workers' Compensation Law Center Staff — Tue, 29 Sep 2009 10:11:30 GMT

TALLAHASSEE, FL – The Florida Division of Workers’ Compensation has posted its August 2009 FWCI Conference Power Point slide presentation, which covers: Administrative Rules Employer/Contractor Workshops Claims EDI Release 3 SB 50A analysis on “compe

CO: Democratic Lawmakers Target Pinnacol's "Spy" Tactics, Use of Surveillance Video

LexisNexis Workers' Compensation Law Center Staff — Tue, 29 Sep 2009 02:11:34 GMT

DENVER, CO - Democratic lawmakers are targeting Colorado insurers that use video surveillance to detect fraud, saying such “spying” techniques are getting out of control. Source: Baltimore Business Journal

Exxon Valdez Spill Workers File Claims Under Longshore Act

LexisNexis Workers' Compensation Law Center Staff — Tue, 29 Sep 2009 01:26:41 GMT

A Florida law firm representing two workers who participated in the beach cleanup following the 1989 Exxon Valdez oil spill has filed claims under the Longshore and Harbor Workers' Compensation Act seeking compensation for medical injuries. Source: Alaska Journal of Commerce

WI: Building Contractors Required to Register With Dept. of Commerce

LexisNexis Workers' Compensation Law Center Staff — Tue, 29 Sep 2009 01:18:30 GMT

MADISON, WI – Building contractors are required to register with the Department of Commerce (Commerce) as a result of an administrative rule change in Ch. Comm 5, Wis. Adm. Code, and finalized March 2, 2009. The final rule goes into effect Oct. 1, 2009. The rule applies to businesses, inclu

Cal/OSHA Conducts 305 Heat Inspections; Continues to See Increased Compliance

LexisNexis Workers' Compensation Law Center Staff — Mon, 28 Sep 2009 22:36:13 GMT

OAKLAND, CA – The Department of Industrial Relations’ Division of Occupational Safety and Health (Cal/OSHA) last week conducted their largest ever heat enforcement effort per Governor Schwarzenegger’s direction and in response to increased heat across all regions of the state. The

OH: BWC Board of Directors Lowers Premiums for Public Employers

workerscompensation.com — Sat, 26 Sep 2009 00:11:54 GMT

Columbus, OH (CompNewsNetwork) - The Ohio Bureau of Workers’ Compensation (BWC) Board of Directors today lowered workers’ compensation premiums for Ohio’s Public Employer Taxing Districts ( PECs ) by an average of 17 percent beginning January 1, 2010. PECs represe

CO: Informal Poll Shows More Than Half of Businesses Want Pinnacol Assurance Left As Is

LexisNexis Workers' Compensation Law Center Staff — Mon, 28 Sep 2009 01:50:20 GMT

DENVER, CO - An informal poll conducted by the Denver Business Journal shows that more than half of the employers polled wanted Pinnacol Assurance to be left as is, compared to 28 percent who thought Pinnacol should be a private company and 19 percent who wanted more state control over Pinnacol.

Dept. of Defense Proposes Captive to Self-Insure Claims Arising From Defense Base Act-Related Injuries

LexisNexis Workers' Compensation Law Center Staff — Mon, 28 Sep 2009 01:41:18 GMT

WASHINGTON, D.C. - A U.S. Dept. of Defense report says establishing a captive to self-insure claims arising from Defense Base Act-related injuries could provide the greatest savings for overhauling the Defense Base Act system. Source: Business Insurance

AIG Claims Liberty Mutual and Hartford Financial Services Group Shortchanged Worker Pools

LexisNexis Workers' Compensation Law Center Staff — Sun, 27 Sep 2009 01:26:37 GMT

CHICAGO, IL - Bloomberg reports that American International Group Inc. has filed an amended complaint against competitors, including Liberty Mutual Group Inc. and Hartford Financial Services Group Inc., alleging they shortchanged industry-funded pools covering worker injuries.

CMS Updates Sample Submission/Checklist for Workers' Comp Medicare Set-Aide Arrangement Proposal

LexisNexis Workers' Compensation Law Center Staff — Sat, 26 Sep 2009 02:25:49 GMT

WASHINGTON, D.C. – The Centers for Medicare & Medicaid Services has updated the sample submission/checklist for a Workers’ Compensation Medicare Set-aside Arrangement (“WCMSA”) Proposal to take into consideration the pricing of prescription drugs. View the sample

CA: Insurance Commissioner Announces Two West Covina Men Surrender on Workers’ Comp Premium Fraud Charges

LexisNexis Workers' Compensation Law Center Staff — Fri, 25 Sep 2009 19:46:38 GMT

SACRAMENTO, CA - Insurance Commissioner Poizner announced today that two men surrendered to the Los Angeles County Sheriff’s Department Thursday. Steven Antu, 40, and Pete Albano, 51, both of West Covina, are each charged with three felony counts of premium fraud. The men are being held on

MSHA Increases Funding for State Health and Safety Training Grants

workerscompensation.com — Fri, 25 Sep 2009 10:39:19 GMT

Arlington, VA (CompNewsNetwork) - The U.S. Department of Labor's Mine Safety and Health Administration (MSHA) today announced it has allocated more than $8.3 million in health and safety training grants for fiscal year 2009, up from last year's distribution of $8.2 million. "Comprehensive e

LA: Medical Director for Office of Workers’ Compensation Named

LexisNexis Workers' Compensation Law Center Staff — Fri, 25 Sep 2009 10:01:40 GMT

BATON ROUGE, LA - Dr. Larry Ferachi, a Baton Rouge board-certified orthopaedic surgeon who has served as team physician for the LSU football and basketball teams since 1995, has been named medical director for the Louisiana Workforce Commission’s Office of Workers’ Compensat

CA: Chief Judge Mark Kahn Issues Order Dismissing Premier Medical Management's $70-Million Medical Liens

LexisNexis Workers' Compensation Law Center Staff — Thu, 24 Sep 2009 18:26:11 GMT

SAN DIEGO, CA - As part of an agreement to resolve criminal charges, Premier Medical Management Systems, Inc. of Los Angeles has requested California Workers’ Compensation Appeals Board Chief Judge Mark Kahn to issue a consent order dismissing an estimated $70 million of medic

IRS to Audit 6,000 Companies to Test Employment Tax Compliance, Including Misclassification of Workers

LexisNexis Workers' Compensation Law Center Staff — Thu, 24 Sep 2009 23:18:05 GMT

WASHINGTON, D.C. - Bloomberg reports that the Internal Revenue Service plans to audit 6,000 U.S. companies to determine whether they pay all their required employment taxes and to determine how often companies misclassify workers, fail to pay taxes on fringe benefits, an

U.S. Senator Proposes 24-Hour Health Coverage, Merges Workers’ Comp, Auto, and Health Insurance

LexisNexis Workers' Compensation Law Center Staff — Thu, 24 Sep 2009 22:32:44 GMT

WASHINGTON, D.C. - The National Underwriter reports that Senator Jay Rockefeller (D-W.Va.) has proposed a health care reform amendment for "24-hour health coverage", which would merge the medical components of workers' compensation and auto insurance with health insurance. Pr

IL: Medical Providers Class Action Suit Against Insurance Companies Settles for $4.2 Million

LexisNexis Workers' Compensation Law Center Staff — Thu, 24 Sep 2009 21:44:21 GMT

MADISON COUNTY, IL - Circuit Judge Barbara Crowder approved a $4,275,000 class action settlement on Sept. 3, 2009, whereby medical providers can recover up to 90 percent of any amount Cincinnati Insurance and Cincinnati Casualty reduced from bills for treatment of workers' compensation patient

FLASH! CA: Jan Frank Resigning as SCIF President

LexisNexis Workers' Compensation Law Center Staff — Thu, 24 Sep 2009 13:45:00 GMT

SAN FRANCISCO, CA - Workers' Comp Executive reports that Jan Frank is resigning as President of the State Compensation Insurance Fund.

FL: Hearing on DWC Notice of Election to Be Exempt

workerscompensation.com — Thu, 24 Sep 2009 11:04:54 GMT

Tallahassee, FL (CompNewsNetwork) - A Hearing on the Notice of Proposed Rulemaking for the Division of Workers' Compensation Rule 69L-6.012, Notice of Election to be Exempt, Florida Administrative Code, will be held, if requested within 21 days of the date the notice is published. The Notice was pu

OK: Expert Says Privatizing CompSource Oklahoma Would Increase Workers' Comp Rates for Small Businesses

LexisNexis Workers' Compensation Law Center Staff — Thu, 24 Sep 2009 01:52:09 GMT

OKLAHOMA CITY, OK - The Oklahoman reports that small businesses in Oklahoma would most likely see an increase in their workers' comp rates if CompSource Oklahoma, the state agency that provides workers’ compensation insurance, were privatized, this according to an industry expert&

TN: Employer Battling Two Lawsuits Over Drug Testing for Legally Prescribed Drugs

LexisNexis Workers' Compensation Law Center Staff — Wed, 23 Sep 2009 23:25:00 GMT

Tennessee - Dura Automotive Systems, Inc., an automotive parts stores, is faced with two lawsuits in which employees claim they were forced to undergo unlawful drug tests that checked for use of various prescription medicines, including painkillers. They employees claim that Dura Automoti

CA: Cal/OSHA Recognizes IBM Research-Almaden for Workplace Safety Achievements

LexisNexis Workers' Compensation Law Center Staff — Wed, 23 Sep 2009 20:28:48 GMT

SAN JOSE, CA –The Department of Industrial Relations’ Division of Occupational Safety & Health (DIR/DOSH) today awarded its 71st Voluntary Protection Program (VPP) STAR Flag to IBM Research - Almaden in the Silicon Valley . IBM Research - Almaden performs science and technolog

MD: MEMIC to Pay Dividend Totalling $10 Million to 20,000 Maine Employees

LexisNexis Workers' Compensation Law Center Staff — Wed, 23 Sep 2009 20:24:14 GMT

PORTLAND, ME - MEMIC, the workers' compensation insurer in Portland, will pay a dividend totaling $10 million to about 20,000 Maine employers this November. Source: Mainebiz

WA: GOP Lawmakers Oppose L&I's Recommendation to Increase Workers' Comp Rate

LexisNexis Workers' Compensation Law Center Staff — Wed, 23 Sep 2009 20:13:21 GMT

OLYMPIA, WA - Senators Janéa Holmquist ( R-Moses Lake ), Jim Honeyford (R-Sunnyside), and Curtis King (R-Yakima) of the Senate Labor, Commerce and Consumer Protection Committee, have written an opinion piece in The Seattle Times , pushing for workers’ comp reform in

MD: Gov. Announces Sanchez as Secretary of Labor, Licensing and Regulation

workerscompensation.com — Wed, 23 Sep 2009 10:19:46 GMT

Annapolis, MD (CompNewsNetwork) - Governor Martin O'Malley announced the appointment of Alex Sanchez as the new Secretary of Labor, Licensing, & Regulation today at a press conference in the Governor's Reception Room at the State House. Sanchez's appointment is subject to confirmation by the Ma

NY: New York State Insurance Department Receives NAIC Accreditation Honors

LexisNexis Workers' Compensation Law Center Staff — Wed, 23 Sep 2009 09:37:57 GMT

NEW YORK, NY - The New York State Insurance Department is now accredited under the National Association of Insurance Commissioners’ (NAIC) Financial Regulations Standards and Accreditation Program. The honor was recognized at the NAIC’s Fall National Meeting in National Harbor, MD.

CO: Pinnacol Assurance Scuttled Plans to Buy Other Insurers

LexisNexis Workers' Compensation Law Center Staff — Wed, 23 Sep 2009 09:26:01 GMT

DENVER, CO - The Denver Post reports that Pinnacol Assurance was planning to seek autonomy from the state to purchase other insurers, but reversed itself after business groups said no changes to current law should be made.

EEOC Publishes Proposed ADA Regulations

LexisNexis Workers' Compensation Law Center Staff — Wed, 23 Sep 2009 09:08:55 GMT

WASHINGTON, D.C. - On September 22, 2009, the EEOC made publically available an advance copy of proposed regulations and interpretive guidance in response to the ADA Amendments Act of 2008 (the Act). Passed almost one year ago and effective since January 1, 2009, the Act explicitly invalidated ce

CA: CWCI Examines Utilization and Reimbursement of Schedule II Drugs in Calif. Workers’ Comp

LexisNexis Workers' Compensation Law Center Staff — Wed, 23 Sep 2009 08:20:24 GMT

OAKLAND, CA - In a study released earlier this month, the California Workers' Compensation Institute found that both the average number of prescriptions and average pharmaceutical payments per California workers' compensation claim have risen sharply since 2002, with the most notable increases occu

CA: WCIRB Amends Filing, Proposes Changes to Medical Cost Containment Reporting

LexisNexis Workers' Compensation Law Center Staff — Tue, 22 Sep 2009 19:11:23 GMT

SAN FRANCISCO, CA - In its decision regarding the WCIRB's July 1, 2009 pure premium rate filing, the California Department of Insurance (CDI) directed the WCIRB to propose rule changes to require that the cost of medical cost containment programs be reported as allocated loss adjustment expense i

CA: Insurance Commissioner Urges Fellow Insurance Commissioners to Conduct Terrorism Financing Probes

LexisNexis Workers' Compensation Law Center Staff — Tue, 22 Sep 2009 13:56:49 GMT

SACRAMENTO, CA - Just ahead of Iranian President Mahmoud Ahmadinejad’s Wednesday address to the United Nations in New York, California Insurance Commissioner Steve Poizner encouraged his fellow state insurance commissioners to follow California ’s lead and to probe insuranc

WCRI Releases Workers’ Compensation Medical Cost Containment: A National Inventory

LexisNexis Workers' Compensation Law Center Staff — Tue, 22 Sep 2009 13:20:36 GMT

CAMBRIDGE, MA - Medical cost containment became a focus for many states in the early 1990s, when the medical portion of the workers' compensation benefit dollar began to grow more quickly than many other claim costs. The comprehensive tables in this report provide policymakers and system stakeho

IL: 2010 Medical Fees Will Go Down 1.48 Percent

workerscompensation.com — Tue, 22 Sep 2009 12:45:19 GMT

Chicago, IL (CompNewsNetwork) - Section 8.2(a) of the Illinois Workers' Compensation Act provides that, each year, fee schedule rates shall increase or decrease by the percentage change in the Consumer Price Index-U in the previous year. Because the CPI-U decreased…[ read more ]

CA: CHSWC Releases RAND Reports on Reducing Medical Costs in Comp System

LexisNexis Workers' Compensation Law Center Staff — Tue, 22 Sep 2009 10:33:00 GMT

OAKLAND, CA - The California Commission on Health and Safety and Workers' Compensation has released the following reports for circulation and public comments due Sept. 28, 2009: Read RAND study on Hospital Emergency Department Services Furnished Under Calif. Workers' Comp Program (Wynn; G

WA: Dept. of Labor & Industries Proposes 7.6 Percent Average Increase in Workers’ Comp Insurance Premiums

LexisNexis Workers' Compensation Law Center Staff — Tue, 22 Sep 2009 00:40:52 GMT

OLYMPIA, WA – The Dept. of Labor and Industries (L&I) announced lower workers’ compensation insurance premiums for 2010 than earlier forecasted. In June, L&I advised the Workers’ Compensation Advisory Committee on a preliminary basis that an average increase of 15-20 per

KY: Kentucky Employers' Mutual Insurance Announces 6 Percent Average Reduction in Workers' Comp Rates

LexisNexis Workers' Compensation Law Center Staff — Tue, 22 Sep 2009 00:34:38 GMT

LEXINGTON, KY - Kentucky Employers' Mutual Insurance, the state's largest workers' compensation insurer, has announced a reduction in workers' comp rates that amounts to an overall average of 6 percent, effective October 1, 2009, for both new and renewal policies. Source: Business First

NH: NCCI Reports Medical Represents Greater Proportion of Losses in New Hampshire Than Countrywide

LexisNexis Workers' Compensation Law Center Staff — Tue, 22 Sep 2009 00:24:36 GMT

BOCA RATON, FL - NCCI has released its State Advisory for New Hampshire (dated Sept. 16, 2009), finding among other things that indemnity and medical loss rations are holding steady, claim frequency continues to decline, while claim severity continues to increase, and medical represents a greater p

VA: NCCI Says Increases in Medical Severity Continue, Gradual Decline in Coal Mining Expected

LexisNexis Workers' Compensation Law Center Staff — Tue, 22 Sep 2009 00:08:38 GMT

BOCA RATON, FL - NCCI has released its State Advisory Forum for Virginia (dated Sept. 16, 2009), finding that premium volume and claim frequency continue to decline, while combined ratios have remained stable. NCCI further found that while indemnity severity remains relatively flat, increases

NCCI Posts Report on Reserving in the Age of Obesity

LexisNexis Workers' Compensation Law Center Staff — Mon, 21 Sep 2009 23:50:25 GMT

BOCA RATON, FL - NCCI points out that there is increasing evidence that obesity significantly contributes to the cost of medical care in workers’ compensation. In its study on obesity, NCCI shows how the cost difference between “obese claims” and comparable “non-obese c

OSHA Opens Proposed Rule on Electric Power Generation

workerscompensation.com — Mon, 21 Sep 2009 15:53:55 GMT

Washington, DC (CompNewsNetwork) - The U.S. Department of Labor's Occupational Safety and Health Administration announced in the September 14 Federal Register that it is opening the record on a Notice of Proposed Rulemaking on electric power generation, transmission, and distribution and for electri

OR: Package of Proposed Rule Changes Posted

workerscompensation.com — Mon, 21 Sep 2009 12:04:34 GMT

Portland, OR (CompNewsNetwork) - The Department of Consumer and Business Services, Workers’ Compensation Division proposes changes to OAR chapter 436. The following rules that are proposed to change are …[ read more ]

CO: Pinnacol Committee Proposes Legislative Changes to Help Injured Workers

LexisNexis Workers' Compensation Law Center Staff — Mon, 21 Sep 2009 09:59:02 GMT

DENVER, CO - Colorado lawmakers in the committee studying the operations of Pinnacol Assurance have proposed legislation to reform the workers' comp system, including changing the make up of Pinnacol's board to include the director of the Dept. of Labor and an injured worker, requiring workers' com

IL: $6.7 Million Wrongful Death Judgment Entered Against Bioproducts Plant

LexisNexis Workers' Compensation Law Center Staff — Mon, 21 Sep 2009 01:38:06 GMT

DECATUR, IL - A jury on September 11 awarded $6.7 million to an immigrant worker who was employed by a subcontractor at the Archer Daniels Midland (ADM) bioproducts plant and who died from third degree burns covering 90 percent of his body after a waster compression system malfunctioned, spraying h

Senator Arlen Specter Announces Support for Employee Free Choice Act

LexisNexis Workers' Compensation Law Center Staff — Sun, 20 Sep 2009 00:11:27 GMT

PITTSBURGH, PA - Business Week reports that Senator Arlen Specter announced his support for the compromise version of the Employee Free Choice Act at the recent AFL-CIO conference in Pittsburgh. However, it remains to be seen if there are 60 votes in the Senate to overcome a filibuster and whethe

CA: Unemployment Rate Hits 12.2 Percent in August, Sets New Postwar High

LexisNexis Workers' Compensation Law Center Staff — Sat, 19 Sep 2009 10:33:59 GMT

CA - The Los Angeles Times reports that California's jobless rate set a fresh postwar high in August, rising to 12.2% from 11.9% in July and putting more pressure on the state's tattered unemployment insurance fund.

CA: Furloughed Court Workers Picket at Court Administrative Offices

LexisNexis Workers' Compensation Law Center Staff — Sat, 19 Sep 2009 10:29:31 GMT

SAN FRANCISCO, CA - The Contra Costa Times reports that more than 100 furloughed court workers from across California picketed court administrative offices this past Wednesday in San Francisco, calling the monthly, budget-driven closure of state and county courthouses an unnecessary burden

CA: State Fund Employees to Receive Full September Pay After Win in Furlough Lawsuit

LexisNexis Workers' Compensation Law Center Staff — Sat, 19 Sep 2009 10:16:41 GMT

SACRAMENTO, CA - The Sacramento Bee has confirmed with the Controller's Office that State Compensation Insurance Fund employees will receive full pay for September, this arising from the Local 1000's recent furlough lawsuit filed in the San Francisco Superior Court.

CA: New Commissioner Appointed to CHSWC

LexisNexis Workers' Compensation Law Center Staff — Sat, 19 Sep 2009 10:08:35 GMT

OAKLAND , CA -- The Commission on Health and Safety and Workers' Compensation (CHSWC) announces that Faith D. Culbreath has been appointed to the Commission by Speaker of the Assembly Karen Bass. Her appointment is effective September 10, 2009. Faith D. Culbreath has been President of Secu

MT WCC Proposes Rule Changes

workerscompensation.com — Fri, 18 Sep 2009 13:25:03 GMT

Helena, MT (CompNewsNetwork) - The Workers' Compensation Court is proposing the rule changes in the following attachment. These changes will be discussed …[ read more ]

Oregon Workers’ Comp Rate to Decline for Fourth Straight Year

LexisNexis Workers' Compensation Law Center Staff — Fri, 18 Sep 2009 18:21:22 GMT

SALEM, OR – Oregon employers will pay less for workers’ compensation insurance coverage in 2010, the Department of Consumer and Business Services announced today. The workers’ compensation “pure” premium rate will decrease 1.3 percent in 2010, saving employer

Florida Governor Appoints Neal Pitts to Serve as Judge of Compensation

LexisNexis Workers' Compensation Law Center Staff — Fri, 18 Sep 2009 10:13:47 GMT

TALLAHASSEE, FL – Governor Charlie Crist today announced the appointment of Neal P. Pitts of Orlando as Judge of Compensation Claims, succeeding Ivy Cream Harris. “Neal has a wide diversity of experience in the law, including extensive employment and workers’ comp

Workplace Violence Cited in Death of Yale University Student Annie Le

LexisNexis Workers' Compensation Law Center Staff — Fri, 18 Sep 2009 03:07:30 GMT

NEW HAVEN, CT - According to reports, workplace violence has been cited in the murder of Yale University student Annie Le. The U.S. Dept. of Labor, Occupational Health & Safety Administration, says that workplace violence can result in homicides, but most cases are from assault. Homi

Los Angeles City Controller Commences Audit of Workers' Comp Program in City Attorney's Office

LexisNexis Workers' Compensation Law Center Staff — Fri, 18 Sep 2009 02:58:51 GMT

LOS ANGELES, CA - The Daily News reports that City Attorney Carmen Trutanich said Wednesday he was allowing City Controller Wendy Greuel to conduct a performance audit of the workers compensation program in his office.

Colorado Lawmakers to Recommend Legislation to Rein in Pinnacol Assurance

LexisNexis Workers' Compensation Law Center Staff — Fri, 18 Sep 2009 02:55:21 GMT

DENVER, CO - Democratic lawmakers who serve on the committee studying the operations of Pinnacol Assurance said Thursday they'll recommend legislation to rein in the state's largest workers' compensation insurer. Source: Denver Business Journal

EEOC Approves Notice of Proposed Rulemaking on Americans With Disabilities Act Regulations

LexisNexis Workers' Compensation Law Center Staff — Thu, 17 Sep 2009 20:35:26 GMT

WASHINGTON, D.C. - On September 16, 2009, by a 2-1 vote, the Equal Employment Opportunity Commission (EEOC) approved a Notice of Proposed Rulemaking (NPRM) revising its regulations under the Americans with Disabilities Act (ADA). Source: Washington Labor & Employment Wire

Federal and State Insurance Legislation Surges in 2009, More Than 10,000 Pieces of Legislation Introduced

LexisNexis Workers' Compensation Law Center Staff — Thu, 17 Sep 2009 20:30:10 GMT

According to The National Underwriter , federal and state activity to create rules and laws for the insurance industry has surged this year, increasing demands on carrier resources.

CMS Announces Teleconference Events for Mandatory Reporting for Group Health Plan Arrangements

LexisNexis Workers' Compensation Law Center Staff — Thu, 17 Sep 2009 20:25:18 GMT

WASHINGTON, D.C. - The Centers for Medicare & Medicaid Services has announced the Group Health Plan Policy and Technical related teleconferences through the end of 2009. Read the schedule

NYCIRB Publishes Volunteer Firefighters and Ambulance Workers Loss Costs Effective 10/1/2009

LexisNexis Workers' Compensation Law Center Staff — Thu, 17 Sep 2009 09:47:48 GMT

NEW YORK, NY - The New York Compensation Insurance Rating Board has published Volunteer Firefighters and Ambulance Workers loss costs effective October 1, 2009. The increase in loss costs for volunteer fighters for 2009 is reduced to 6.4%, and the increase in loss costs for volunteer ambulance work

Florida Division of Workers' Comp Posts 2009 Annual Report

LexisNexis Workers' Compensation Law Center Staff — Thu, 17 Sep 2009 02:10:54 GMT

TALLAHASSEE, FL - The Florida Division of Workers' Compensation has published its 2009 Annual Report. This year's report highlights what data are collected by the Division, how the Division collects and uses the data, as well as how the data are made accessible and transparent to stakeholde

Federal Court Rules That Halliburton Sexual Assault Case Will Go to Court, Not Arbitration

LexisNexis Workers' Compensation Law Center Staff — Thu, 17 Sep 2009 00:30:17 GMT

DALLAS, TX - The Houston Chronicle reports that the case of a Texas woman who alleges she was gang-raped by co-workers while working for Halliburton, a military contractor in Iraq, will go to court instead of arbitration, this according to a ruling by a federal appeals court on Tuesday.

RTI International to Study Ways to Reduce Workplace Injuries, Illnesses

LexisNexis Workers' Compensation Law Center Staff — Thu, 17 Sep 2009 00:19:27 GMT

RESEARCH TRIANGLE PARK, NC - RTI International will conduct research and provide technical support to identify ways to reduce and prevent workplace injuries and illnesses as part of a new contract with the National Institute for Occupational Health and Safety. As part of the 5-year contract, w

State Compensation Insurance Fund Taps Shaun Coyne as Chief Information Officer

LexisNexis Workers' Compensation Law Center Staff — Thu, 17 Sep 2009 00:10:36 GMT

SAN FRANCISCO, CA - State Compensation Insurance Fund announced the selection of internationally respected technology professional Shaun Coyne as its new Chief Information Officer. Coyne will lead State Fund’s drive to build its Information Technology capabilities. Coyne has 29 years of

Pinnacol Assurance Changes Mind, Won't Propose Legislation to Committee Studying Its Operations

LexisNexis Workers' Compensation Law Center Staff — Thu, 17 Sep 2009 00:02:21 GMT

DENVER, CO - Pinnacol Assurance, Colorado’s largest workers’ compensation insurer, said Wednesday that it won’t propose any legislation to a committee studying its operations. Source: Denver Business Journal

WCIRB Releases Summary of 6/30/2009 Insurer Experience, But Still Needs to Review Almaraz/Guzman II and Ogilvie II

LexisNexis Workers' Compensation Law Center Staff — Wed, 16 Sep 2009 12:38:42 GMT

SAN FRANCISCO, CA - The WCIRB has completed its report summarizing insurer loss and premium experience through June 30, 2009, which takes into consideration the February 3, 2009 en banc decisions in Almaraz/Guzman I and Ogilvie I. The report does not take into account the September 3, 2009 en banc

Texas Dept. of Insurance Approves 12 Companies to Self-Insure for Workers’ Comp Claims

LexisNexis Workers' Compensation Law Center Staff — Wed, 16 Sep 2009 10:28:36 GMT

AUSTIN, TX - The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) approved the renewal of the Certificates of Authority for twelve companies to self-insure for workers’ compensation claims for a one-year period under the TDI-DWC Self-Insurance Regulation prog

New York Senate Confirms Wrynn as Insurance Superintendent

LexisNexis Workers' Compensation Law Center Staff — Wed, 16 Sep 2009 10:23:48 GMT

ALBANY, NY - The New York State Senate has unanimously confirmed Governor David A. Paterson's nomination of James J. Wrynn as the 40th Superintendent of the New York State Insurance Department. Wrynn has served as Acting Superintendent since August 20. "I am pleased that the Senate moved

Michigan Governor Makes Appointments and Reappointments to Workers' Comp Commission and Advisory Committee

LexisNexis Workers' Compensation Law Center Staff — Wed, 16 Sep 2009 10:18:41 GMT

LANSING, MI – Governor Granholm has announced the following appointments: WORKERS' COMPENSATION APPELLATE COMMISSION Murray A. Gorchow, of Oakland county, is appointed for a term commencing October 1, 2009 and expiring September 30, 2013. He succeeds Granner Ries

Pentagon Study Proposes Overhaul of Defense Base Act to Cover Care for Injured Contractors

LexisNexis Workers' Compensation Law Center Staff — Wed, 16 Sep 2009 04:04:08 GMT

Read the article here by Pro Publica

Calif. Div. of Workers’ Comp Says Changes in Law for Pharmacies Billing Medi-Cal Program Are Inapplicable to Comp Claims

LexisNexis Workers' Compensation Law Center Staff — Tue, 15 Sep 2009 23:38:18 GMT

OAKLAND, CA - The Division of Workers' Compensation (DWC) has posted an order determining that changes made by section 39 of Assembly Bill X 4 5, to the billing requirements of pharmacies when billing the Medi-Cal program are inapplicable to workers' compensation claims. This statute, a budget trai

South Carolina Workers' Comp Commission Releases Audit Findings of House of Raeford Farms

LexisNexis Workers' Compensation Law Center Staff — Tue, 15 Sep 2009 23:28:45 GMT

COLUMBIA, SC - The South Carolina Workers' Compensation Commission has released a study finding that the poultry company, the House of Raeford Farms, appears to have followed state workers' compensation law, but investigators were unable to determine if the company accurately reported workplac

Mark Webb and Robert Rassp Podcast on Almaraz/Guzman II and Ogilvie II Now Posted on Web Center

LexisNexis Workers' Compensation Law Center Staff — Tue, 15 Sep 2009 11:35:57 GMT

CALIF. - Mark Webb at Employers Direct, and Robert G. Rassp, the author of The Lawyer's Guide to the AMA Guides and Calif. Workers' Compensation , have recorded a podcast with their interpretations of the Calif. WCAB's recent en banc decisions in Almaraz/Guzman II and Ogilvie II. Listen to t

North Carolina Passes Professional Employer Organization Act

LexisNexis Workers' Compensation Law Center Staff — Tue, 15 Sep 2009 10:45:03 GMT

RALEIGH, NC - Amendments to the North Carolina Professional Employer Organization Act (SB 1029) were signed into law by Gov. Bev Perdue on August 28, 2009, at the end of the session, providing more security for the thousands of small businesses who outsource human resource management, employee bene

Facebook Refuses Virginia Workers' Comp Commission's Demands for User Account Information, Photos

LexisNexis Workers' Compensation Law Center Staff — Tue, 15 Sep 2009 01:14:03 GMT

RICHMOND, VA - The Virginia Workers' Compensation Commission said it would no longer levy a $200 a day fine against Facebook for refusing to divulge the complete contents of a user's account. The employer of a workers' comp claimant had subpoenaed the information from Facebook, which had objected t

California Sees Proliferation of Medical Marijuana Business

LexisNexis Workers' Compensation Law Center Staff — Tue, 15 Sep 2009 01:54:21 GMT

CALIFORNIA - The medical marijuana business in California is booming with at least 1,000 medical marijuana dispensaries in the state. Cities such as Sacramento and Oakland have placed a moratorium on licenses for medical marijuana dispensaries until they can complete their investigation of such dis

New York State Workers' Comp Board Releases Data on 45,000 World Trade Center Cases

LexisNexis Workers' Compensation Law Center Staff — Tue, 15 Sep 2009 01:36:55 GMT

ALBANY, NY - The New York State Workers' Compensation Board has released new data on the 45,000 workers who filed workers' compensation claims and special affidavits of World Trade Center work, including victims of the attacks and people who performed rescue, recovery and clean-up work. Board fi

State Lawmakers Renew Call for Audit of Virginia Workers' Comp Commission

LexisNexis Workers' Compensation Law Center Staff — Tue, 15 Sep 2009 01:31:06 GMT

RICHMOND, VA - State lawmakers have renewed their call for an audit of the Virginia Workers' Compensation Commission. Virginia as the 12th highest workers' comp premiums in the nation. Source: FITSNews.com

GAO Says Dept. of Labor and IRS Need Improved Coordination to Detect and Prevent Employee Misclassification

LexisNexis Workers' Compensation Law Center Staff — Mon, 14 Sep 2009 10:36:02 GMT

WASHINGTON, D.C. - When employers improperly classify workers as independent contractors instead of employees, those workers do not receive protections and benefits to which they are entitled, and the employers may fail to pay some taxes they would otherwise be required to pay. The Department of La

Experts Question Whether Furloughs Actually Save Money for States

LexisNexis Workers' Compensation Law Center Staff — Mon, 14 Sep 2009 03:32:28 GMT

Colorado became the latest state out of 19 states to impose or consider furloughs of state workers to save money. But it's beginning to appear that a decline in spending, and therefore tax revenue, and the drop in efficiency associated with furloughs may offset their value. Sourc

Insurance Markets Have Stabilized Eight Years After 9/11

LexisNexis Workers' Compensation Law Center Staff — Sat, 12 Sep 2009 10:49:41 GMT

According to The National Underwriter 's report on the eighth anniversary of 9/11, the insurance market has stabilized because there have been no further events on American soil and there is now a government supported long-term insurance backstop in place (TRIA).

CMS Lists Top 10 Workers' Comp Medicare Set Aside Agreement Submission Errors

LexisNexis Workers' Compensation Law Center Staff — Fri, 11 Sep 2009 00:55:39 GMT

WASHINGTON, D.C. - The Centers for Medicare and Medicaid Services has posted a Top 10 Workers' Comp Medicare Set Aside Agreement Submitter Errors and Helpful Hints to Avoid Them. Read the list

Los Angeles County Workers' Comp Payouts Expected to Increase to $407 Million This Fiscal Year

LexisNexis Workers' Compensation Law Center Staff — Sat, 12 Sep 2009 10:27:35 GMT

LOS ANGELES, CA - The Los Angeles Times reports that several L.A. County supervisors are calling for more oversight of county programs, this after it was revealed that the county expects to pay $407 million in workers' compensation claims this fiscal year, up from $288 million in

Massachusetts Insurance Commissioner Burnes Resigns, Accepts Academic Position at Northeastern University

LexisNexis Workers' Compensation Law Center Staff — Fri, 11 Sep 2009 22:54:02 GMT

BOSTON – Commissioner of Insurance Nonnie Burnes, who led the Division of Insurance for two years and led auto insurance reform for more competition in Massachusetts, is moving on to become a senior fellow at her alma mater, Northeastern University. She will be replaced temporarily by first d

Adam Dombchik Named President of California Applicants' Attorneys Association 2009-2010, Leadership Team and Priorities Announced

LexisNexis Workers' Compensation Law Center Staff — Fri, 11 Sep 2009 15:01:01 GMT

SACRAMENTO, CA - The California Applicants’ Attorneys Association (CAAA), whose members represent Californians injured on the job, today announced that it has installed a new president and team of officers for the coming year. CAAA aims to provide California injured workers the opportunity for

New York Insurance Dept. Submits Proposed Producer Compensation Transparency Regulation to Governor

LexisNexis Workers' Compensation Law Center Staff — Fri, 11 Sep 2009 10:25:14 GMT

NEW YORK, NY - The New York Insurance Department has announced it is proposing a new Producer Compensation Transparency Regulation and has sent it to the Governor’s Office of Regulatory Reform (GORR) for review. The proposed regulation would require insurance producers to notify insurance c

Columnist Examines Impact of 9/11 Terrorist Attacks as Seen Through a Workers' Comp Lens

LexisNexis Workers' Compensation Law Center Staff — Fri, 11 Sep 2009 01:30:21 GMT

On the eve of the eighth anniversary of the 9/11 terrorist attacks, Tony Graffeo, a staff writer at WorkersCompensation.com, writes that the attacks "brought on the largest single event ever to confront the workers’ compensation industry; one that in many ways nearly brought it to i

Oregon Issues Reports on Compensable Claims, Independent Medical Exams, and Workplace Fatalities

LexisNexis Workers' Compensation Law Center Staff — Thu, 10 Sep 2009 23:44:20 GMT

SALEM, OR - The Oregon Department of Consumer and Business Services has recently issued several reports: Compensable Claims Characteristics Brochure: In 2008, the Department of Consumer and Business Services received notification of 21,660 accepted disabling claims for occupational injuries an

Collaborative Research Study Aims to Prevent Firefighter Injury

LexisNexis Workers' Compensation Law Center Staff — Thu, 10 Sep 2009 21:55:34 GMT

GULF BREEZE, FL - A call comes in to the local Pensacola Fire Department to be first on the scene of a local house fire. These brave men and women respond without a second thought; only thinking about the safety of the people they are about to encounter and the danger they are facing. These first

Hawaii Workers’ Compensation Insurance Rates Drop for Fifth Year in a Row

LexisNexis Workers' Compensation Law Center Staff — Thu, 10 Sep 2009 21:32:52 GMT

HONOLULU, HI – The Department of Commerce and Consumer Affairs’ (DCCA) Insurance Division announced that the National Council on Compensation Insurance (NCCI) has filed a request for a decrease of 4.1 percent in the workers’ compensation loss costs. The filing would affect premi

Judge Orders Furlough Order Lifted Immediately for State Compensation Insurance Fund Employees

LexisNexis Workers' Compensation Law Center Staff — Thu, 10 Sep 2009 16:00:23 GMT

SAN FRANCISCO, CA - Workers' Comp Executive reports that Judge Charlotte Woolard this morning ordered that Gov. Arnold Schwarzenegger's furlough order be lifted immediately for all employees at the State Compensation Insurance Fund.

DRI Webcasts on MMSEA Section 111 Reporting 9/10/2009 and Medicare Secondary Payer 9/17/2009

LexisNexis Workers' Compensation Law Center Staff — Thu, 10 Sep 2009 11:22:24 GMT

An announcement from MARC: DRI is partnering with MARC to present webinars on Medicare. The first topic occurred on 8/26 and dealt with the law. The presenters were Robert Trusiak, Assistant U.S. Attorney and Tom Thornton, Esq. with Carr Allison. The response was overwhelmi

OSHA Issues Final Rule Updating Personal Protective Equipment Standards

LexisNexis Workers' Compensation Law Center Staff — Thu, 10 Sep 2009 10:15:38 GMT

WASHINGTON, D.C. - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today published in the Federal Register a final rule revising the personal protective equipment (PPE) sections of its general industry, shipyard employment, longshoring and marine terminals stan

American Insurance Association Testifies Before Colorado Hearing on Pinnacol Assurance

LexisNexis Workers' Compensation Law Center Staff — Thu, 10 Sep 2009 10:06:55 GMT

DENVER, CO - Bruce Wood, Associate General Counsel and Director, Workers Compensation for the American Insurance Association (AIA) recently testified before the Interim Committee to Study Issues Related to Pinnacol Assurance, providing lawmakers with policy considerations for determining whether th

Congressman Announces Plan to Reform U.S. System to Care for Injured Civilian Contractors

LexisNexis Workers' Compensation Law Center Staff — Thu, 10 Sep 2009 02:16:46 GMT

Read the article by Pro Publica

Firefighters and Medical Researchers Seek to Link Rare Cancer With On-the-Job Exposure to Smoke and Chemicals

LexisNexis Workers' Compensation Law Center Staff — Thu, 10 Sep 2009 00:52:31 GMT

SAN FRANCISCO, CA - The San Francisco Examiner reports that doctors, firefighters and researchers have teamed up to show a link between a rare cancer - transitional cell carcinoma - and the smoke and chemicals that go into the lungs of firefighters every time they deal with a fire.

Report Shows Increase in Suspicious Claims for First Half of 2009

LexisNexis Workers' Compensation Law Center Staff — Thu, 10 Sep 2009 00:43:28 GMT

DES PLAINES, IL - A review of suspicious insurance claims referred to the National Insurance Crime Bureau during the first half of 2009 shows increases in nearly all referral categories compared with the first half of 2008. A total of 41,619 “questionable claims” were referred to NI

Missouri Judge Bars Firing of Three Administrative Law Judges Who Decide Workers' Comp Cases

LexisNexis Workers' Compensation Law Center Staff — Thu, 10 Sep 2009 00:03:36 GMT

JEFFERSON CITY, MO - Circuit Judge Jon Beetem issued a permanent injunction to block the firing of three administrative law judges who decide workers' compensation cases, ruling that the state lacks authority to fire administrative law judges, except as set forth in a state law. The admin

Kansas High Court Strikes Down Requirement of Good-Faith Effort to Find Work Following Injuries

LexisNexis Workers' Compensation Law Center Staff — Wed, 09 Sep 2009 16:37:39 GMT

TOPEKA, KS - In Bergstrom v. Spears Mfg. Co ., 2009 Kan. LEXIS 838 (September 4, 2009), in a split decision, the Supreme Court of Kansas, on transfer from the state Court of Appeals, reversed and remanded in relevant part. Initially, the majority noted that in Foulk v. Colonial Terrace ,

Pennsylvania Superior Court Applies Statute of Repose to Workers' Comp Claims

LexisNexis Workers' Compensation Law Center Staff — Wed, 09 Sep 2009 16:03:55 GMT

PHILADELPHIA, PA - In a case of first impression for the appellate courts of Pennsylvania, a unanimous Pennsylvania Superior Court panel granted summary judgment for an employer in a wrongful death and fraud action. The court held that the claims were barred by the exclusivity provisions of the Pen

A.M. Best Special Report: Workers' Compensation—How Bad Will It Get?

LexisNexis Workers' Compensation Law Center Staff — Wed, 09 Sep 2009 00:45:26 GMT

OLDWICK, NJ – Challenging market conditions, the financial crisis and the recession drove profitability downward for the workers' compensation market in 2008, and A.M. Best Co. expects the impact to linger through 2009 and well into 2010. Meanwhile, changing regulatory issues and reforms ar

Cincinnati Bengals Sue Former Players for Filing Workers' Comp Claims in California

LexisNexis Workers' Compensation Law Center Staff — Wed, 09 Sep 2009 01:24:25 GMT

HAMILTON COUNTY, OH - The Enquirer reports that the Cincinnati Bengals sued several of their former players who filed workers comp claims, contrary to their contracts, in California where the laws are more favorable to players' cases.

Investors File Class Action Lawsuit Against Coventry Health Care

LexisNexis Workers' Compensation Law Center Staff — Wed, 09 Sep 2009 01:06:10 GMT

BALTIMORE, MD - An institutional investor has filed a class-action lawsuit against Bethesda insurance company Coventry Health Care, claiming company executives violated federal securities laws and that a "scheme" enabled the executives and others to realize $46 million in stock sales, cau

Massachusetts Attorney General Recovers Additional $900,000 From Big Dig Insurer

LexisNexis Workers' Compensation Law Center Staff — Wed, 09 Sep 2009 01:01:16 GMT

BOSTON, MA - Massachusetts Attorney General Martha Coakley’s Office announced that American International Group (AIG) has paid an additional $900,000 to the Central Artery Tunnel (CA/T) Project. The payment is part of an ongoing reconciliation of premiums and residual market payouts stemming

Texas Mutual Announces $1.4 Million Dividend to CompGroup AGC

LexisNexis Workers' Compensation Law Center Staff — Wed, 09 Sep 2009 00:51:11 GMT

AUSTIN, TX – Texas Mutual Insurance Company, the state`s leading provider of workers` compensation insurance, announced a $1,377,679 dividend to the CompGroup AGC purchasing group today. The group, which includes qualifying Associated General Contractors members, has earned nearly $14 m

Employers Concerned With Rise in Workplace Suicides

LexisNexis Workers' Compensation Law Center Staff — Tue, 08 Sep 2009 11:23:24 GMT

According to recent U.S. Dept. of Labor statistics, there has been a 28 percent increase in workplace suicides last year. Some observers say that stress from workload, lack of job security, dwindling retirement savings, and relationship problems exacerbated during a financial crisis

Maryland Trial Lawyers Propose Comprehensive Workers' Comp Jury Instructions

LexisNexis Workers' Compensation Law Center Staff — Tue, 08 Sep 2009 03:10:28 GMT

MARYLAND - Under Maryland law, claimants or employers who appeal their workers' comp case can seek a new jury trial in the courts. The Maryland Association for Justice (MAJ), which says that the current Maryland Civil Pattern Jury Instructions provide little guidance on how to instruct juries,

Calif. Labor and Employers Met Privately on Workers' Comp Reform Plan

LexisNexis Workers' Compensation Law Center Staff — Sat, 05 Sep 2009 11:30:22 GMT

SACRAMENTO, CA - An article published in Capitol Weekly states that the Commission on Health and Safety and Workers' Compensation met privately with some business and labor insiders in an attempt to arrive at a compromise over the reduction of workers' comp costs while re

Compensation Risk Managers Executives Reaped $42 Million in Stock Sales in 2005 and 2007

LexisNexis Workers' Compensation Law Center Staff — Mon, 07 Sep 2009 12:31:43 GMT

POUGHKEEPSIE, NY - The Poughkeepsie Journal reports that the officers and directors of Compensation Risk Managers LLC or CRM, a company that has saddled thousands of employers with an estimated $250 million in unfunded insurance claims, reaped $42 million off the sale of company stock in 2005 and

Police Officers Continue Their Fight to Prove Occupational Exposure to Methamphetamine Causes Illness

LexisNexis Workers' Compensation Law Center Staff — Mon, 07 Sep 2009 11:44:28 GMT

SALT LAKE CITY, UT - As reported in The Salt Lake City Tribune , so-called "meth cops" - those police officers exposed to methamphetamine when busting meth labs - have vowed to continue their fight to prove a link between exposure to methamphetamine and their illnesses, which include can

Calif. Governor Vetoes "Card Check" Bill for Farm Workers Third Year in a Row

LexisNexis Workers' Compensation Law Center Staff — Mon, 07 Sep 2009 11:23:09 GMT

SACRAMENTO, CA - Governor Schwarzenegger has vetoed for the third year in a row legislation to enable farm workers to unionize by "card checks" instead of elections. The Governor's veto message reads in pertinent part: "This measure is identical to measures I have pr

Claims Investigators Mine Social Networking Sites for Bogus Workers' Comp Claims

LexisNexis Workers' Compensation Law Center Staff — Sun, 06 Sep 2009 12:44:10 GMT

According to Business Insurance , claims investigators are regularly surveilling social networking sites for workers' comp bogus claims, finding it saves them time from having to do video surveillance. Investigators are amazed at what people will confess on their social networking sites.&nbs

Nanotech-enabled Consumer Products Top the 1,000 Mark, Significant Oversight Challenges Persist

LexisNexis Workers' Compensation Law Center Staff — Sat, 05 Sep 2009 12:41:54 GMT

WASHINGTON, D.C. - The Nanotechnology Consumer Products Inventory now contains over 1,000 nanotechnology-enabled consumer products, reflecting the increasing use of tiny particles in everything from conventional products like non-stick cookware and lighter, stronger tennis racquets, to more unique

Florida Agency Sets Transition Plan for Liquidated Insurance Companies FCIC and FCTPIC

LexisNexis Workers' Compensation Law Center Staff — Sat, 05 Sep 2009 11:57:16 GMT

TALLAHASSEE, FL – Florida CFO Alex Sink has announced that the Department of Financial Services has saved more than 100 jobs and protected approximately 15,000 Florida policyholders by successfully negotiating a transition plan for the policyholders of First Commercial Insurance Com

Pinnacol Assurance Defends Claims Practices, Executive Salaries, Expenses

LexisNexis Workers' Compensation Law Center Staff — Sat, 05 Sep 2009 11:17:51 GMT

DENVER, CO - The Denver Business Journal reports that Pinnacol Assurance executives vigorously defended their claims practices, executive salaries, expenses, and more at Friday's hearing before a legislative committee. Among other things, Pinnacol testified: it denied only 4 percen

Varied Reactions So Far for Calif. WCAB's Decisions in Almaraz II and Ogilvie II

LexisNexis Workers' Compensation Law Center Staff — Fri, 04 Sep 2009 11:40:05 GMT

CALIF. - Workers' Comp Executive reports mixed reactions from different segments of the workers' comp industry to the Calif. WCAB's decisions in Almaraz II and Ogilvie II that were filed yesterday, Sept. 3, 2009. To be sure, no one is in agreement as to whether the decision in Almaraz will decrea

Calif. Legislature Sends Bill to Governor to Subject State Compensation Insurance Fund to Review by State Auditor

LexisNexis Workers' Compensation Law Center Staff — Fri, 04 Sep 2009 11:14:26 GMT

SACRAMENTO, CA - The California legislature has passed a bill to clarify that the State Compensation Insurance Fund is a state agency for purposes of the Government Code and thereby subject to review by the State Auditor. The Legislative Counsel’s Digest reads: Existing provisio

Michigan Organization Posts Advisory for 3.1 Percent Decrease in Pure Premiums Effective 1/1/2010

LexisNexis Workers' Compensation Law Center Staff — Fri, 04 Sep 2009 10:55:25 GMT

LIVONIA, MI - The Compensation Advisory Organization of Michigan has posted its advised premium rates effective January 1, 2010. The indicated pure premiums represent an average decrease of 3.1% from the pure premiums currently in effect. By industry group, the average pure premium level chan

Labor Secretary Hilda Solis Issues Statement on Labor Day 2009

LexisNexis Workers' Compensation Law Center Staff — Fri, 04 Sep 2009 02:04:47 GMT

WASHINGTON, D.C. - Secretary of Labor Hilda Solis has called for a "day on" instead of a "day off" for Labor Day 2009, encouraging people to use the holiday to "personally commit to play a role in the recovery of our economy and our nation". Solis suggests that we

Columnist Asks Why Workplace Fatality Rates Dropped in 2008

LexisNexis Workers' Compensation Law Center Staff — Fri, 04 Sep 2009 01:44:16 GMT

According to recent data from the Bureau of Labor Statistics, the number of workplace deaths declined overall in 2008. A columnist at The New York Times queries whether the decline is due to the recession and the resulting declines in payrolls at dangerous industries, such as construction,&n

Calif. Senate Leader Pushes for One Less Furlough Day

LexisNexis Workers' Compensation Law Center Staff — Fri, 04 Sep 2009 01:06:39 GMT

SACRAMENTO, CA - Senate President Pro Tem Darrell Steinberg has asked the Governor to rethink his policy on furloughs and to trim the number of furloughs each month from three to two days. Source: KQED

FLASH! Calif. WCAB En Banc Issues Almaraz II and Ogilvie II

LexisNexis Workers' Compensation Law Center Staff — Thu, 03 Sep 2009 17:34:41 GMT

SAN FRANCISCO, CA - The Calif. WCAB has issued its en banc decisions in Almaraz II and Ogilvie II. To read about them and what the WCAB held in each case, go to our Free Download section to access the cases. More news to follow soon... Click here for Almaraz II Click here for Ogilvie

Justice Department Announces Largest Health Care Fraud Settlement in Its History

LexisNexis Workers' Compensation Law Center Staff — Thu, 03 Sep 2009 19:36:04 GMT

WASHINGTON, D.C. – American pharmaceutical giant Pfizer Inc. and its subsidiary Pharmacia & Upjohn Company Inc. (hereinafter together "Pfizer") have agreed to pay $2.3 billion, the largest health care fraud settlement in the history of the Department of Justice, to resolve cri

New York State Workers' Comp Board Plans to Reform Delivery of Benefits and Services

LexisNexis Workers' Compensation Law Center Staff — Thu, 03 Sep 2009 10:49:13 GMT

NEW YORK, NY - The New York Workers Compensation Alliance said it has learned from WorkConp Central that WCB Executive Director Joe Pennisi is heading a "2015 Project Committee" that is currently meeting without any input from stakeholders to devise a plan for how the workers' comp

Secretary of Labor Solis Issues Statement on Report Detailing Violations of Employment and Labor Laws in U.S. Cities

LexisNexis Workers' Compensation Law Center Staff — Thu, 03 Sep 2009 01:48:31 GMT

WASHINGTON, D.C. – A survey of 4,387 workers in low-wage industries across the three largest U.S. cities — Chicago, Los Angeles and New York — found that the core workplace protections many Americans take for granted are failing significant numbers of wor

Oklahoma Task Force Considers Converting CompSource Into a Mutual Insurer

LexisNexis Workers' Compensation Law Center Staff — Thu, 03 Sep 2009 01:35:12 GMT

OKLAHOMA CITY, OK - The Oklahoman reports that the co-chair of the Legislative Task Force on the Privatization of CompSource said that converting CompSource - the state agency that provides workers’ compensation insurance - into a mutual insurer seems a viable option.

Liberty Mutual Seeks to Replace Reinsurance Pool in Lawsuit Against AIG

LexisNexis Workers' Compensation Law Center Staff — Thu, 03 Sep 2009 00:15:32 GMT

CHICAGO, Il - Liberty Mutual Group Inc. business units have filed an amended complaint in federal court, seeking to become the lead plaintiffs in a lawsuit against AIG over the underreporting of workers' compensation premiums. Source: Business Insurance

Montana's Workplace Fatalities Decrease in 2008

LexisNexis Workers' Compensation Law Center Staff — Wed, 02 Sep 2009 23:20:10 GMT

HELENA, MT - Montana is one of 35 states and the District of Columbia that had fewer fatal workplace injuries in 2008. Workplace deaths decreased by 28% from 2007 to 2008 with a total of 39 work-related fatalities, according to the Census of Fatal Occupational Injuries (CFOI) study repo

Zurich Net Income Drops 53 Percent for First Half of 2009

LexisNexis Workers' Compensation Law Center Staff — Wed, 02 Sep 2009 16:22:35 GMT

The National Underwriter reports that Zurich Financial Services Group reported a net income drop of 53 percent for the first half of the year as the recession continued to take a toll on the company’s earnings.

San Francisco Judge Affirms Tentative Ruling Exempting SCIF Employees From Furloughs Ordered by Governor

LexisNexis Workers' Compensation Law Center Staff — Wed, 02 Sep 2009 11:03:06 GMT

SAN FRANCISCO, CA - The Los Angeles Times reports that Judge Charlotte Walter Woolard affirmed her tentative decision exempting 6,200 State Compensation Insurance Fund employees from thrice-monthly furloughs ordered by Gov. Arnold Schwarzenegger.

Study of Low-Wage Workers in L.A., N.Y., and Chicago Shows Workers' Comp Violations

LexisNexis Workers' Compensation Law Center Staff — Wed, 02 Sep 2009 09:54:35 GMT

The New York Times reports that a comprehensive study of wage-law violations indicates that low-wage workers in Los Angeles, New York and Chicago are often pressured to not file for workers' compensation, and that only 8 percent of the workers who suffered on the job injurie

Pinnacol Assurance Plans to Tell Its Side of the Story Before Interim Committee on Friday

LexisNexis Workers' Compensation Law Center Staff — Wed, 02 Sep 2009 02:33:07 GMT

DENVER, CO - After listening to testimony on Monday by injured workers who railed against Pinnacol Assurance's handling of their workers' compensation claims, Pinnacol authorities said they will make a presentation to the Interim Committee Studying Issues Related to Pinnacol Assurance on Friday, de

Audit Finds Inadequate Controls Over Federal Employees' Compensation Act Program

LexisNexis Workers' Compensation Law Center Staff — Wed, 02 Sep 2009 02:24:47 GMT

WASHINGTON, D.C. - The U.S. Dept. of Justice, Office of the Inspector General, Fraud Division, has released its audit of the Dept. of Justice's management of the Federal Employees' Compensation Act program, concluding that the DOJ lacks effective controls to reduce risks of waste, fraud, and a

U.S. Dept. of Labor Withdraws Controversial Proposed Rule on Agencies' Assessments of Occupational Health Risks

LexisNexis Workers' Compensation Law Center Staff — Wed, 02 Sep 2009 02:02:42 GMT

WASHINGTON, D.C. - The U.S. Dept. of Labor has withdrawn a controversial, proposed rule that President George W. Bush was trying to push through before he left office. The rule would have required OSHA and MSHA to publish advanced notice of proposed rulemaking related to toxic substances

Texas Work-Related Fatalities Decrease in 2008

LexisNexis Workers' Compensation Law Center Staff — Wed, 02 Sep 2009 01:43:47 GMT

AUSTIN, TX - Texas recorded 457 work-related fatalities in 2008, a 13 percent decrease compared to 2007 when 528 fatalities occurred. Nationally, there were 5,071 fatal work injuries in 2008, a decrease of 20 percent from the revised total of 5,657 in 2007, according to the most recently av

NYCIRB Warns of Increased Premiums Due to Enactment of LaCroix Bill

LexisNexis Workers' Compensation Law Center Staff — Tue, 01 Sep 2009 12:58:08 GMT

NEW YORK, NY - The NYCIRB has issued a bulletin advising of the passage of A2021-B, which was signed into law by the Governor on August 26, 2009, and which requires that payments for schedule permanent partial disability be made in a lump sum without commutation to present value if requested as suc

Ohio Bureau of Workers’ Comp Board of Directors Reflect on Significant Progress of First Two Years

LexisNexis Workers' Compensation Law Center Staff — Tue, 01 Sep 2009 12:24:34 GMT

COLUMBUS, OH – The Ohio Bureau of Workers’ Compensation (BWC) Board of Directors met on August 28, 2009, marking the two-year anniversary of its first meeting, and detailing significant progress made in the past 24 months. The board was created in House Bill 100 of the 127th General A

San Francisco Judge Issues Tentative Ruling to Overturn SCIF Furlough

LexisNexis Workers' Compensation Law Center Staff — Tue, 01 Sep 2009 11:51:29 GMT

SAN FRANCISCO, CA - Workers' Comp Executive reports that a Judge Charlotte Walter Woolard has issued a tentative ruling that the State Compensation Insurance Fund's employees are exempt from the Governor's furlough.

Illinois Employers Urged to Push for Workers' Comp Reforms

LexisNexis Workers' Compensation Law Center Staff — Mon, 31 Aug 2009 21:09:28 GMT

ILLINOIS - The Salem Economic Development Department and the Greater Salem Chamber of Commerce are urging employers to push for workers' compensation reform in Illinois, which, according to them, has one of the least business friendly systems in the country, resulting in companies leaving the

Injured Workers Testify in Pinnacol Assurance Probe

LexisNexis Workers' Compensation Law Center Staff — Mon, 31 Aug 2009 21:03:25 GMT

DENVER, CO - A legislative committee met today at the state Capitol, listening to testimony from injured workers who claim they were unfairly denied payment by Pinnacol Assurance, the state's largest workers' compensation insurer. Source: Denver Business Journal

Senator Says Oregon's SAIF Shows Why Public Option Needed for Healthcare Reform

LexisNexis Workers' Compensation Law Center Staff — Mon, 31 Aug 2009 21:00:15 GMT

OREGON - The Oregonian reports that Senator Jeff Merkley (D-Ore.) has been arguing that SAIF Corp., the state-owned workers' compensation insurance company, illustrates why a public option is needed for healthcare reform because a public plan will compete with private insurers to keep the co

New York Governor Signs LaCroix Bill Regarding Lump Sum Wroekrs' Comp Payments

LexisNexis Workers' Compensation Law Center Staff — Mon, 31 Aug 2009 20:52:05 GMT

ALBANY, NY - Governor Paterson has sigend A02021 into law. The bill provides that certain workers' compensation payments may be made in one lump sum without commutation to a present value amount. Read A02021

Columnist Urges Workers to Plan Ahead in the Event of Serious Illnesses and Injuries That Delay or Prevent Return to Work

LexisNexis Workers' Compensation Law Center Staff — Sun, 30 Aug 2009 22:57:18 GMT

Columnist Beth Peckinpaugh Beasley discusses how a serious illness or serious injury could impact a person's livelihood for several months or even forever. Beasley strongly suggests that workers examine what resources they can use, including Social Security disability and long term disability provi

Calif. Senate Passes "Taneka's Law" by Vote of 29-4, Would Forbid Denial of Comp Claims Based on Personal Characteristic of Victim

LexisNexis Workers' Compensation Law Center Staff — Sun, 30 Aug 2009 22:31:04 GMT

SACRAMENTO, CA - The Daily Democrat reports that AB 1093 , known as Taneka's Law, which would make it illegal to deny a workers' compensation claim based solely on a personal characteristic of the victim and a third party's hatred of that characteristic, was passed by the Senate by a vote o

States Differ on Level of Proof Required to Prevail on Workplace Suicide Claim

LexisNexis Workers' Compensation Law Center Staff — Sun, 30 Aug 2009 22:17:23 GMT

Laws governing suicide in the workplace are generally funneled through the workers' compensation system unless a state statute specifically denies compensation if the worker intentionally injured himself or herself. States that do allow a workers' compensation claim to be filed tend to differ on th

Widespread Lay Offs Shrink Payroll and Premium Volume of Workers' Comp Insurers

LexisNexis Workers' Compensation Law Center Staff — Sun, 30 Aug 2009 22:11:11 GMT

The decline in payroll resulting from widespread lay offs has reduced the premium volume for workers' compensation insurers. Even so, most insurers have not increased rates to make up for lost business. Source: Business Insurance

Colorado Lawmaker Questions Whether Pinnacol Assurance Overcharges Policyholders, Wrongfully Denies Benefits to Injured Workers

LexisNexis Workers' Compensation Law Center Staff — Fri, 28 Aug 2009 22:38:56 GMT

DENVER, CO - State Senator Morgan Carroll (D-Aurora), the chair of the Interim Committee to Study Issues Related to Pinnacol Assurance, writes in The Denver Post that Pinnacol Assurance is not a legally private entity; rather, it is a quasi-governmental entity that has amassed over $2 b

Calif. Insurance Commissioner Formally Files Lawsuit to Halt $1 Billion Sale of SCIF Assets

LexisNexis Workers' Compensation Law Center Staff — Fri, 28 Aug 2009 20:09:47 GMT

SACRAMENTO, CA - Commissioner Poizner formally filled a lawsuit today in Sacramento Superior Court asking that the portion of ABX4 12 that authorizes the sale of $1 billion of State Compensation Insurance Fund assets be declared unconstitutional. A copy of the lawsuit can be found by selectin

Calif. Insurance Commissioner Says Small Business, Consumer Groups Support Effort to Stop $1 Billion Sale of State Fund Assets

LexisNexis Workers' Compensation Law Center Staff — Fri, 28 Aug 2009 18:35:00 GMT

SACRAMENTO, CA - Following yesterday's announcement that Commissioner Steve Poizner would file a lawsuit to have the $1 billion sale of State Compensation Insurance Fund assets declared unconstitutional, small businesses and consumer groups have hailed Commissioner Poizner's "leadership"

Liberty Northwest Returns More Than $3 Million to Oregon Restaurateurs for Safety Performance

LexisNexis Workers' Compensation Law Center Staff — Fri, 28 Aug 2009 02:26:40 GMT

PORTLAND, OR - Liberty Northwest, a Liberty Mutual Agency Markets regional company, today announced strong return results for its Liberty Northwest/Oregon Restaurant Association (LNW/ORA) workers’ compensation insurance program. Member restaurants will share a retrospective rating adjustme

Oregon Supreme Court Says Workers' Comp Must Pay for Injured Worker's Weight Loss Surgery

LexisNexis Workers' Compensation Law Center Staff — Fri, 28 Aug 2009 01:55:54 GMT

SALEM, OR - The Oregon Supreme Court has ruled that a workers' compensation insurer must pay for an injured worker's gastric bypass surgery so that he could lose weight to have knee replacement surgery. The claimant sustained a workplace knee injury in 1976 and received treatment for that injury, b

Complex Workers' Comp Fraud Suit Against AIG May Require Actuarial Expert to Oversee It

LexisNexis Workers' Compensation Law Center Staff — Thu, 27 Aug 2009 22:39:10 GMT

CHICAGO, IL - The National Underwriter reports that attorneys will be in federal court on Monday to discuss the management of a prospective class-action suit of more than 500 insurers against American International Group for civil racketeering and fraud. The insurers claim that, for sev

FLASH! Calif. Insurance Commissioner to File Lawsuit to Stop “Unconstitutional” $1 Billion Sale of SCIF Assets

LexisNexis Workers' Compensation Law Center Staff — Thu, 27 Aug 2009 15:25:11 GMT

SACRAMENTO, CA - Commissioner Poizner announced that he will file a lawsuit to have the $1 billion sale of State Compensation Insurance Fund (SCIF) assets declared unconstitutional, saying that such a transaction could lead to skyrocketing workers’ compensation insurance costs for California&

WCIRB Releases Report on First Quarter 2009 Insurer Results, Asseses Impact of Almaraz/Guzman and Ogilvie

LexisNexis Workers' Compensation Law Center Staff — Thu, 27 Aug 2009 01:53:23 GMT

SAN FRANCISCO, CA - The WCIRB has completed its report summarizing insurer loss and premium experience through March 31, 2009, including its assessment of the impact of the Almaraz/Guzman and Ogilvie en banc decisions. View the report Source: WCIRB

Florida Judge Orders Workers' Comp Insurer Into Liquidation

LexisNexis Workers' Compensation Law Center Staff — Thu, 27 Aug 2009 00:51:12 GMT

LEON COUNTY, FL - The National Underwriter reports that Circuit Court Judge Charles A. Francis has ordered First Commercial Insurance Company and a subsidiary, First Commercial Transportation and Property Insurance Company, into liquidation. FCIC wrote workers' compensation, commercial auto

Swiss Re Sells Cybercomp Workers' Comp Unit to AmTrust Financial

LexisNexis Workers' Compensation Law Center Staff — Thu, 27 Aug 2009 00:41:02 GMT

ZURICH, SWITZERLAND - Bloomberg reports that Swiss Reinsurance, in an effort to scale back its operations, has sold its Cybercomp workers' compensation unit to AmTrust Financial.

Kentucky Insurance Commissioner Says Loss Costs Show Decrease for Fourth Consecutive Year

LexisNexis Workers' Compensation Law Center Staff — Thu, 27 Aug 2009 00:34:46 GMT

FRANKFORT, KY - An annual filing most insurance carriers will use to develop rates for workers’ compensation coverage shows the fourth consecutive decrease in loss costs, according to the Department of Insurance Commissioner Sharon P. Clark. The 2009 filing, approved by the state Departmen

New Mexico Sued by Farm Labor Advocates for Excluding Farm and Ranch Laborers From Workers' Comp Coverage

LexisNexis Workers' Compensation Law Center Staff — Thu, 27 Aug 2009 00:29:31 GMT

NEW MEXICO - The New Mexico Independent reports that a group of nonprofit organizations and an injured farmworker have filed a lawsuit against the state, arguing that the exclusion of farm and ranch laborers from workers' compensation coverage violates the equal protection clause of the New

Study Shows Drop in Calif.'s Workers' Comp Spending Slows Growth in National Spending in 2007

LexisNexis Workers' Compensation Law Center Staff — Thu, 27 Aug 2009 00:20:23 GMT

WASHINGTON, DC — workers' compensation payments for medical care and cash benefits for workers injured on the job increased 2.0 percent to $55.4 billion in 2007, according to a study released by the National Academy of Social Insurance (NASI). The modest growth in national spending in

State Survey on Budget Proposals, Furloughs, Layoffs Shows States Projecting $142.6 Billion Shortfall for FY 2010

LexisNexis Workers' Compensation Law Center Staff — Wed, 26 Aug 2009 23:54:50 GMT

WASHINGTON, D.C. - The National Conference of State Legislatures (NCSL) released its State Budget Update July 2009, which shows half of the states are projecting a cumulative shortfall of $142.6 billion for FY 2010. According to NCSL, this gap is likely to grow during the course of the fi

FLASH! Calif. Court of Appeal Issues Published Decision in Vocational Rehabilitation Sunsetting Case

LexisNexis Workers' Compensation Law Center Staff — Wed, 26 Aug 2009 18:28:02 GMT

LOS ANGELES, CA - The Court of Appeal, Second Appellate District, has issued a published decision in Beverly Hilton Hotel v. W.C.A.B. (Boganim). The Court of Appeal, annulling the WCAB decision and following Weiner v. Ralphs Co.(2009) 74 Cal. Comp. Cases 736 (Appeals Board en banc opinion),

Massachusetts Attorney General Praises Court Ruling in Independent Contractor Misclassification Case

LexisNexis Workers' Compensation Law Center Staff — Wed, 26 Aug 2009 09:42:09 GMT

BOSTON, MA - Massachusetts Attorney General Martha Coakley praised the Massachusetts Supreme Judicial Court’s (SJC) recent decision in Somers v. Converged Access, Inc. (CAI). Last Friday the SJC ruled as to the proper measure of damages an employee must receive when misclassified as an inde

In Memoriam: Robert Wyeth Lee, Alabama Workers' Compensation Lawyer and LexisNexis Author

LexisNexis Workers' Compensation Law Center Staff — Tue, 25 Aug 2009 22:55:53 GMT

BIRMINGHAM, AL - It is with great sadness that we report the passing away of Robert Wyeth Lee, one of the co-authors of the Alabama Workers' Compensation Law and Handbook (LexisNexis). Bob was known as a workers' comp guru in his state. The following obituary notice is excerpted from The Bir

Rhode Island Governor Signs Executive Order for State Worker Furloughs

LexisNexis Workers' Compensation Law Center Staff — Wed, 26 Aug 2009 01:54:24 GMT

PROVIDENCE, RI - Governor Donald L. Carcieri announced his plan to achieve the $67.8 million in unspecified savings in the FY 2010 budget passed by the General Assembly. The plan calls for 12 shutdown days of state government, operational savings, and withholding the 4th quarter of the vehicle

Texas Mutual Earns High Performer Designation

LexisNexis Workers' Compensation Law Center Staff — Wed, 26 Aug 2009 01:43:18 GMT

AUSTIN, TX - Texas Mutual Insurance Company was recognized as a “high performer” in the Performance-Based Oversight (PBO) report issued by the Texas Department of Insurance, Division of Workers’ Compensation (DWC) last Friday.#The PBO report evaluates carriers’ timeliness in

Mark A. Fudem Appointed Presiding Judge, Oakland District Office, Calif. Workers' Compensation Appeals Board

LexisNexis Workers' Compensation Law Center Staff — Wed, 26 Aug 2009 01:11:51 GMT

OAKLAND, CA - Hon. Mark A. Fudem, a workers' compensation administrative law judge in the Santa Rosa District Office of the California Workers' Compensation Appeals Board, has been appointed Presiding Judge of the Oakland District Office, effective September 1, 2009.

Employers Direct Announces Return to Calif. Workers' Comp Market

LexisNexis Workers' Compensation Law Center Staff — Tue, 25 Aug 2009 15:43:05 GMT

THOUSAND OAKS, CA - Workers' Comp Executive reports that Employers Direct Insurance Company has returned to the California workers' compensation market as an agency company.

Oregon Workers' Comp Division Issues Bulletin on Employer-Paid Medical Reimbursement Claim Costs

LexisNexis Workers' Compensation Law Center Staff — Tue, 25 Aug 2009 12:16:08 GMT

SALEM, OR - The Oregon Workers' Compensation Division has issued a Bulletin to inform insurers how to apply employer-paid medical reimbursement claim costs for individual claims for unit statistical reporting purposes. The Bulletin also provides updated maxium reimbursement amounts. This Bulletin r

70,000 Maryland State Workers to Face Furloughs Under Governor O'Malley's Plan

LexisNexis Workers' Compensation Law Center Staff — Tue, 25 Aug 2009 10:31:14 GMT

BALTIMORE, MD - The Baltimore Sun reports that, under the Governor Martin O'Malley's furlough plan, about 70,000 state workers will lose two weeks of pay in order to save the state $75 million in its current budget crisis.

NCCI Posts Study of Kentucky Workers' Comp System, Finds Coal Classes Are Seeing Declines

LexisNexis Workers' Compensation Law Center Staff — Tue, 25 Aug 2009 10:21:07 GMT

BOCA RATON, FL - NCCI has posted information from its Kentucky Workers Compensation State Advisory Forum (Aug. 18, 2009), which states among other things: Accident year results are deteriorating Loss costs are declining Claim frequency are continuing to decline on&nbs

Proposed Tax Change to Prevent Misclassification of Workers Could Affect Millions of Freelancers

LexisNexis Workers' Compensation Law Center Staff — Tue, 25 Aug 2009 01:42:53 GMT

WASHINGTON, D.C. - The Taxpayer Responsibility, Accountability, and Consistency Act of 2009 (H.R. 3408), which was reintroduced in the House on July 30, 2009, would effectively eliminate the current "safe harbour" provision in Section 530 of the Revenue Act of 1978, which a

Iowa Insurance Division Issues Notice of Proposed Workers’ Comp Rate Filing

LexisNexis Workers' Compensation Law Center Staff — Mon, 24 Aug 2009 12:21:34 GMT

DES MOINES, IA - Pursuant to Iowa Code section 515A.6(7), the Iowa Insurance Division has provided notice that the National Council on Compensation Insurance has made a rate filing that affects the premium rates for workers’ compensation insurance. The rate filing proposes an overall

Florida Insurance Commissioner Says Proposed Workers’ Comp Insurance Rates Would Decrease for 7th Consecutive Year

LexisNexis Workers' Compensation Law Center Staff — Mon, 24 Aug 2009 12:05:18 GMT

TALLAHASSEE, FL – Florida Insurance Commissioner Kevin McCarty announced today that he has received the latest rate filing from the National Council on Compensation Insurance (NCCI) for workers' compensation insurance rates due to become effective Jan. 1, 2010. The filing includes an overall

U.S. Dept. of Labor Says Military Workers Get $100,000 Death Benefit

LexisNexis Workers' Compensation Law Center Staff — Mon, 24 Aug 2009 10:45:44 GMT

WASHINGTON, D.C. - The U.S. Dept. of Labor announced an amendment to the Federal Employees Compensation Act that creates a death gratuity for federal employees (and employees of non-appropriated fund instrumentalities) by authorizing the United States to pay up to $100,000 to the survivors of

State Compensation Insurance Fund Announces Special Meeting of Board of Directors on 8/25/2009

LexisNexis Workers' Compensation Law Center Staff — Sun, 23 Aug 2009 23:20:17 GMT

SAN FRANCISCO, CA - Pursuant to Government Code sections 11123(b) and 11125.4(a), the State Compensation Insurance Fund Board of Directors will hold a special meeting by teleconference. Tuesday, August 25, 2009, 9 a.m. PST 2275 Gateway Oaks Drive, Sacramento Room, Sacramento, CA 95833 Addi

Bureau of Labor Statistics Reports Number of Fatal Occupational Injuries Dropped in 2008

LexisNexis Workers' Compensation Law Center Staff — Sun, 23 Aug 2009 23:06:51 GMT

WASHINGTON, D.C. - The U.S. Dept. of Labor, Bureau of Labor Statistics, reported that a total of 5,071 fatal work injuries were recorded in the in 2008, down from a total of 5,657 fatal work injuries reported for 2007. While the 2008 results are preliminary, this figure represents the smallest annu

Online Forums for Workers Seen by Some as Faint Beginnings of a Labor Movement in China

LexisNexis Workers' Compensation Law Center Staff — Sun, 23 Aug 2009 23:47:17 GMT

SHENZHEN, CHINA - The Los Angeles Times reports that Chinese workers are using social networking services to post complaints and comments about their workplace, including workers' compensation claims, this despite the clamp down by authorities and companies to cap the number of users in each

Dollar Tree Uses MySpace to Investigate Injured Worker Claim and Wins on Appeal

LexisNexis Workers' Compensation Law Center Staff — Sun, 23 Aug 2009 21:18:46 GMT

VIRGINIA - According to The Virginian-Pilot , Dollar Tree has successfully appealed a case where an injured worker stated on MySpace that she had accepted a side job taking photographs but an investigation found she was carrying camera equipment and picking up children at an event, this despite he

NYSIF Encourages Businesses to Learn More About Potential Costs of Self-Insured Trusts

LexisNexis Workers' Compensation Law Center Staff — Fri, 21 Aug 2009 11:04:58 GMT

NEW YORK - The August 18, 2009, Poughkeepsie Journal contained an article written by Mary Beth Pfeiffer, "Investigations Continue in CRM Case," chronicling the collapse of seven self-insured trusts managed by CRM Holdings, Ltd. NYSIF reminds New York's businesses t

Maine Supreme Court Rules Medical Provider May Seek Fees Under State Act Even if Employee Proceeds Under Federal Act

LexisNexis Workers' Compensation Law Center Staff — Fri, 21 Aug 2009 03:49:45 GMT

PORTLAND, ME - The Maine Supreme Court, in St. Mary's Regional Medical Center v. Bath Iron Works , held that an employer must pay medical provider fees under Maine's workers' compensation law, which would exceed payment made pursuant to the federal Longshore and Harbor Workers' Comp

Failure Predicted for $1 Billion Partial Sale of State Compensation Insurance Fund

LexisNexis Workers' Compensation Law Center Staff — Fri, 21 Aug 2009 03:04:12 GMT

SACRAMENTO, CA - The Sacramento Bee reports that the plan to sell part of the assets of the State Compensation Insurance Fund is flimsy and the list of problems with the proposed sale is long.

Federal Judge Dismisses $1 Billion Workers' Comp Lawsuit Against AIG

LexisNexis Workers' Compensation Law Center Staff — Fri, 21 Aug 2009 02:50:11 GMT

CHICAGO, IL - Bloomberg reports that a federal district court judge has thrown out a workers' compensation lawsuit against AIG, ruling that the National Council on Compensation Insurance lacked standing to sue AIG on behalf of 600 insurers in its National Compensation Reinsurance Pool. AIG was ac

NCCI Files for Lower Workers' Comp Rates in Florida

LexisNexis Workers' Compensation Law Center Staff — Fri, 21 Aug 2009 02:39:53 GMT

BOCA RATON, FL - The Jacksonville Observer reports that NCCI has filed a proposed decrease of 6.8 percent for workers' compensation rates in Florida effective January 1, 2010. A hearing on the proposal is expected in October

Calif. Division of Workers’ Compensation’s EAMS Survey Ends August 31, 2009

LexisNexis Workers' Compensation Law Center Staff — Thu, 20 Aug 2009 20:52:21 GMT

OAKLAND, CA - The Division of Workers’ Compensation (DWC) is urging filers to participate in an online survey about the Electronic Adjudication Management System (EAMS). The survey, which was posted July 22, will end Aug. 31. It is designed to collect feedback from filers regarding the impl

Oregon Dept. of Consumer and Business Services Posts 2008 Annual Report on Workers' Comp Cases

LexisNexis Workers' Compensation Law Center Staff — Thu, 20 Aug 2009 20:48:05 GMT

SALEM, OR - The Oregon Dept. of Consumer and Business Services has posted the 2008 Court of Appeals Workers' Compensation publication. This is the annual report about the Oregon Court of Appeals on workers’ compensation cases. It’s primarily about appeals of Workers&rsquo

Calif. Div. of Workers’ Comp Proposes Amendments to Medical Provider Network Rules

LexisNexis Workers' Compensation Law Center Staff — Thu, 20 Aug 2009 19:00:02 GMT

OAKLAND, CA - The Division of Workers' Compensation (DWC) has proposed amendments to its medical provider network (MPN) regulations. The proposed amendments will streamline the existing MPN notification process primarily by shortening required notices, allowing flexibility in distribution of noti

Michigan Insurance Companies Oppose House-Democrat Sponsored Bad Faith Legislation

LexisNexis Workers' Compensation Law Center Staff — Thu, 20 Aug 2009 10:26:46 GMT

LANSING, MI - The House Insurance Committee has approved a package of "bad faith" bills (House Bills 4244, 4844, 4858, 5020, 5144-5151) to create new causes of actions and increase fines and penalties against insurance companies for failure to act in good faith in handling claim paym

Texas Division of Workers' Comp Accepting Comments on Informal Working Draft of eBill Rules

LexisNexis Workers' Compensation Law Center Staff — Thu, 20 Aug 2009 10:17:16 GMT

AUSTIN, TX - The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) has prepared a working draft of rules concerning paper medical billing, medical documentation, and electronic medical billing requirements. These draft changes were suggested in order to more f

Expert Says Renewable Energies Will Improve Heatlh Status of U.S. Employees in Energy Sector

LexisNexis Workers' Compensation Law Center Staff — Thu, 20 Aug 2009 01:19:13 GMT

A study published in the August 19, 2009 issue of JAMA, the Journal of the American Medical Association, says that expansion of renewable energies should appreciably improve the health status of the 700,000 US workers employed in the energy sector. Source: Science Daily

Opponents to Duty of Care Bill Urge Montana Lawmakers to Wait for Results of Governor's Task Force on Workplace Injuries

LexisNexis Workers' Compensation Law Center Staff — Thu, 20 Aug 2009 01:10:42 GMT

CHEYENNE, MT - The Billings-Gazette reports that opponents of a duty of care bill have urged lawmakers to wait for the resutls of the Governor's task force on workplace injuries. The bill provides that a gas and oil company that directs an independent contractor owes a duty of care to that employ

Hawaii Employers’ Mutual Insurance Company Implements Predictive Analytics Underwriting Solution

LexisNexis Workers' Compensation Law Center Staff — Thu, 20 Aug 2009 00:58:54 GMT

HONOLULU, HI & DENVER, CO - Hawaii Employers Mutual Insurance Company, the largest workers’ compensation company in Hawaii , has successfully implemented Valen Technologies’ UnderRight ® predictive analytics underwriting solution to improve pricing strategies and p

Experts Disagree on Whether Medical Costs Will Level Off

LexisNexis Workers' Compensation Law Center Staff — Thu, 20 Aug 2009 00:38:02 GMT

ORLANDO, FL - The National Underwriter reports that panelists at the Florida Workers' Compensation Institute conference - Jeff Eddinger, ratemaking practice leader and senior actuary at the National Council On Compensation Insurance; Robert P. Hartwig, president of the Insurance Informa

Calif. Insurance Commissioner Announces Arrest of Diamond Bar Man in $1.4 Million Workers' Comp Fraud Case

LexisNexis Workers' Compensation Law Center Staff — Wed, 19 Aug 2009 17:06:35 GMT

SACRAMENTO, CA - Insurance Commissioner Steve Poizner announced that Joseph Baiden, 56, of Diamond Bar, surrendered yesterday morning to the Los Angeles Superior Court pursuant to an arrest warrant issued for eight counts of workers' compensation insurance premium fraud against State Fund. Baiden i

Oklahoma Workers' Comp Court Adopts New Treatment Guidelines for Lumbar and Cervical Spine

LexisNexis Workers' Compensation Law Center Staff — Wed, 19 Aug 2009 11:47:38 GMT

TULSA, OK - The Oklahoma Workers' Compensation Court has adopted new guidelines for the treatment of the lumbar spine and cervical spine, effective August 15, 2009. Guidelines for the Treatment of Lumbar Spine Guidelines for the Treatment of Cervical Spine

Cailf. Courts Announce Furlough Days for Fiscal Year 2009-2010

LexisNexis Workers' Compensation Law Center Staff — Wed, 19 Aug 2009 09:21:13 GMT

SAN FRANCISCO, CA - Due to California 's current fiscal crisis the Supreme Court of California, the Courts of Appeal, and all superior courts will be closed on the third Wednesday of each month, starting September 16, 2009 (see below for a complete lists of court closure dates). Petition

Experts Say Predictive Modeling Is Wave of the Future for Workers' Comp Industry

LexisNexis Workers' Compensation Law Center Staff — Wed, 19 Aug 2009 00:41:53 GMT

ORLANDO, FL - The National Underwriter reports that panelists at the Florida Workers' Compensation Institute conference -Jennifer Tomilin, senior vice president, Zurich North America, Steve Laudermilch, senior manager Deloitte Consulting, and Kaleb Adams, vice president of Predictive Modelin

Experts Detail Unconventional Threats to Workers’ Compensation System

LexisNexis Workers' Compensation Law Center Staff — Wed, 19 Aug 2009 00:27:08 GMT

ORLANDO, FL - The National Underwriter reports that panelists at the Florida Workers' Compensation Institute conference - Katie Fox, compliance and resolution manager for MSP Med Insights; Kathy Kukor, senior consultant at Risk International Services; and Darrell Brown, U.S. workers’ compen

Calif. Insurance Lobby Quietly Scuttles Effort to Combat Fraudulent Medical Billing

LexisNexis Workers' Compensation Law Center Staff — Wed, 19 Aug 2009 00:12:51 GMT

SACRAMENTO, CA - The Los Angeles Times reports that nsurers, complaining of the paperwork, have squelched a provision in a state Senate bill that would require them to send notices to injured workers to verify that services billed were actually performed.

FLASH! WCIRB Makes Filing Proposing 22.8% Increase in Calif. Pure Premium Rates Effective 1/1/2010

LexisNexis Workers' Compensation Law Center Staff — Tue, 18 Aug 2009 20:30:01 GMT

SAN FRANCISCO, CA - Today, the WCIRB submitted a pure premium rate filing to the California Insurance Commissioner recommending a 22.8% increase in advisory pure premium rates (“claims cost benchmark”) with respect to new and renewal policies as of the first anniversary rating date of a

Calif. WCAB Issues En Banc Decision Affirming 6/11/2009 Decision in Weiner v. Ralphs Company

LexisNexis Workers' Compensation Law Center Staff — Mon, 17 Aug 2009 21:55:02 GMT

SAN FRANCISCO, CA - The California Workers’ Compensation Appeals Board has issued an en banc decision – Opinion and Order Denying Reconsideration in: Weiner v. Ralphs Company and Sedgwick Claims Management Services, Inc. (MON 0305426) This decision was filed and served on August

Injured Worker Advocates Urge New York Governor to Sign LaCroix Bill for Lump Sum Payments of Schedule Losses

LexisNexis Workers' Compensation Law Center Staff — Tue, 18 Aug 2009 11:14:14 GMT

ALBANY, NY - The New York Workers Compensation Alliance has urged Governor David A. Paterson to sign the LaCroix bill to help injured workers receive a lump sum for payment of schedule loss of use awards. The bill was sent to the Governor on August 14, 2009, and he has 10 days to sign the bill. A

Calif. Division of Workers’ Comp Reports Success Story for Return-to-Work Program

LexisNexis Workers' Compensation Law Center Staff — Tue, 18 Aug 2009 11:20:42 GMT

OAKLAND , CA – The California Division of Workers’ Compensation announced that San Diego ’s Sloan Productions kept its employee on the job with the help of this state-sponsored program for return to work. The DWC stated: To hear Jeff Landie modestly tell his

CRM Holdings Being Probed for Trust Management, Sale of Subsidiary

LexisNexis Workers' Compensation Law Center Staff — Tue, 18 Aug 2009 03:45:27 GMT

POUGHKEEPSIE, NY - The Poughkeepsie Journal summarizes the investigations into CRM's trust management, and finds that the New York State Workers' Compensation Board, which regulates group trusts, has billed 1,789 companies that belonged to six CRM trusts, with an average bill of $74,110 each

Medical Management Executive Provides Strategies to Contain Costs on Catastrophic Workers' Comp Claims

LexisNexis Workers' Compensation Law Center Staff — Tue, 18 Aug 2009 03:22:44 GMT

Kevin Fleming, the president of Paradigm Management Services, writes in the National Underwriter that there are a number of strategies to make reliable projections at the outset of a catastrophic claim, including: Promptly developing a comprehensive plan for recovery S

NCCI Executive Says Workers' Comp Industry Performing Well Despite Investment Climate and Political Trends

LexisNexis Workers' Compensation Law Center Staff — Tue, 18 Aug 2009 03:08:49 GMT

BOCA RATON, FL - Steven Klingel, the President and CEO of NCCI Holdings, Inc., writes in the National Underwriter that the workers' compensation industry is performing well, this despite the investment climate and legislative trends that threaten the profitability of the line. Klingel f

RIMS Executive Says He's in Favor of a National Workers' Compensation System

LexisNexis Workers' Compensation Law Center Staff — Tue, 18 Aug 2009 02:48:04 GMT

ORLANDO, FL - The National Underwriter reports that Terry Fleming, the vice president of Risk and Insurance Management Society, spoke at the Florida Workers' Compensation Institute conference yesterday, arguing in favor of a national workers' compensation system administered by the states, w

First Call Staffing Accused of Misclassifying Workers, Improperly Deducting $100,000 Plus From Workers' Pay

LexisNexis Workers' Compensation Law Center Staff — Mon, 17 Aug 2009 10:56:22 GMT

CLIFTON PARK, NY - As reported by the Times Union, the State Labor Department says the owner of First Staff Reporting has improperly taken more than $100,000 out of paychecks for about 100 employees by misclassifying them as independent contractors. The amount is one of the largest in the state's

Connecticut's Two-Year Crack Down on Misclassification of Workers Has Not Deterred Use of Shadow Labor

LexisNexis Workers' Compensation Law Center Staff — Mon, 17 Aug 2009 10:37:17 GMT

CONNECTICUT - According to the Hartford Business Journal , the state's two-year crack down on companies that avoid paying employee taxes and workers' compensation insurance serves as little deterrent to companies' intent on illegally keeping costs down, this despite 220 work-stop orders issued at

Columnist Says State Compensation Insurance Fund Sets Example of How "Public Option" in California Works Fine

LexisNexis Workers' Compensation Law Center Staff — Mon, 17 Aug 2009 00:02:09 GMT

CALIF. - Dean Calbreath at the San Diego Union-Tribune says that California has a "public option" that works fine, i.e., the State Compensation Insurance Fund, which never became a monopoly, did not bankrupt the state, did not wipe out the private sector, and did not usher in an era of

Colorado Legislative Panel Investigates Lavish Pay and Expenses at Pinnacol Assurance

LexisNexis Workers' Compensation Law Center Staff — Sun, 16 Aug 2009 23:46:23 GMT

DENVER, CO - The Denver Post reports that a legislative panel investigating Pinnacol Assurance's business practices have found lavish pay and expenses by this state-chartered workers' compensation insurance fund.

New York State Workers’ Comp Board in Final Steps to Formally Adopt Medical Treatment Guidelines

LexisNexis Workers' Compensation Law Center Staff — Sat, 15 Aug 2009 09:59:42 GMT

ALBANY, NY - The New York State Workers' Compensation Board is in the final steps of formally adopting medical treatment guidelines (Guidelines) for the lower back, cervical spine, shoulder and knee. The Guidelines represent a major development that should significantly improve the delivery of me

New York Governor Appoints James J. Wrynn as State Superintendent of Insurance

LexisNexis Workers' Compensation Law Center Staff — Sat, 15 Aug 2009 09:53:57 GMT

ALBANY, NY - Governor David A. Paterson has announced the appointments of James J. Wrynn to serve as New York State Superintendent of Insurance. “I welcome Jim to his new position within my Administration. As an experienced insurance lawyer with expansive involvement in government, I am

New York Lawmakers Say Legislation Is Needed to Crack Down on High Rate of Misclassification in Construction Industry

LexisNexis Workers' Compensation Law Center Staff — Fri, 14 Aug 2009 01:05:36 GMT

ALBANY, NY - State Senator George Onorato (D-Queens), the chairman of the Senate Standing Committee on Labor, said that recent findings by the New York State Joint Enforcement Task Force on Employee Misclassification “clearly show that action needs to be taken to stop employers from misclassi

Iowa Ranked Most Effective Workers’ Compensation System in Nation

LexisNexis Workers' Compensation Law Center Staff — Fri, 14 Aug 2009 00:51:21 GMT

DES MOINES, IA – The 2009 State Report Card for Workers’ Compensation ranks Iowa as the most effective system in the nation. The rankings are distributed annually by the Work-Loss Data Institute. “ Iowa is consistently recognized as having a fair and balanced

State Compensation Insurance Fund Files Cross-Complaint in Lawsuit on Furlough Orders

LexisNexis Workers' Compensation Law Center Staff — Fri, 14 Aug 2009 00:39:28 GMT

SAN FRANCISCO, CA - The State Compensation Insurance Fund has filed a cross-complaint in a lawsuit to exempt all SCIF workers from the Governor's furlough order. Source: Workers' Comp Executive

Hartford to Refund $48.2 Million to Florida Workers’ Comp Policyholders

LexisNexis Workers' Compensation Law Center Staff — Thu, 13 Aug 2009 09:28:21 GMT

HARTFORD, CT - The Hartford Financial Services Group, Inc. announced that it will refund $48.2 million to workers' compensation policyholders in the state of Florida . During the calendar years of 2004, 2005 and 2006, The Hartford generated outstanding results in its workers' compensation bus

Calif. Insurance Commissioner Issues Statement on WCIRB’s Request for 22.8 Percent Hike in Claims Cost Benchmark

LexisNexis Workers' Compensation Law Center Staff — Wed, 12 Aug 2009 21:30:47 GMT

SACRAMENTO, CA - Insurance Commissioner Steve Poizner today issued the following statement on Workers’ Compensation Insurance Rating Bureau’s (WCIRB) request to increase the Workers Compensation Cost Claims Benchmark by 22.8 percent: “Last month, I rejected WCIRB's request to i

FLASH! WCIRB Governing Committee Recommends 22.8% Increase in Pure Premium Rates Effective 1/1/2010

LexisNexis Workers' Compensation Law Center Staff — Wed, 12 Aug 2009 20:35:55 GMT

SAN FRANCISCO, CA - Earlier today, the WCIRB Governing Committee directed the WCIRB to submit a filing to the California Department of Insurance (CDI) recommending an approximate 22.8% increase in pure premium rates (or "claims cost benchmark") effective January 1, 2010. The Governing C

Texas Div. of Workers' Comp Plans to Post Informal Working Draft Rules on Electronic Medical Billings

LexisNexis Workers' Compensation Law Center Staff — Tue, 11 Aug 2009 13:57:28 GMT

AUSTIN, TX - The Texas Department of Insurance's Division of Workers’ Compensation plans on posting informal working draft rules concerning electronic medical billings I(e-billing), paper medical billing, and medical documentation requirements for workers' compensation claims within the

Florida’s New Workers’ Comp Whistleblower Site Already Producing Results

LexisNexis Workers' Compensation Law Center Staff — Wed, 12 Aug 2009 03:45:46 GMT

TALLAHASSEE, FL – Florida CFO Alex Sink has announced that her new workers comp whistle-blower website which allows citizens to submit referrals of alleged violations of workers compensation rules has already produced hundreds of new complaints and over $500,000 in penalties since its launch

Employers to Testify at Pinnacol Hearing on Friday

LexisNexis Workers' Compensation Law Center Staff — Wed, 12 Aug 2009 03:38:03 GMT

DENVER, CO - The Denver Post reports that employers insured for workers' comp by Pinnacol Assurance will have the chance to testify about the state-chartered insurance fund at at hearing this Friday.

Calif. Insurance Commissioner Announces Appointments to WCIRB Governing Committee

LexisNexis Workers' Compensation Law Center Staff — Tue, 11 Aug 2009 21:18:49 GMT

SACRAMENTO, CA - Insurance Commissioner Poizner announced that he has appointed Sara Flocks, of San Francisco and Lee Pearson, of Rancho Murieta to the Workers' Compensation Insurance Rating Bureau Governing Committee. Pearson, currently retired, most recently served as the General Vice Presiden

Oregon’s Proposed 2010 Workers' Compensation Premium Assessment Rates

LexisNexis Workers' Compensation Law Center Staff — Tue, 11 Aug 2009 21:15:35 GMT

SALEM, OR - The Director of the Dept. of Consumer and Business Services adopts by rule the workers' compensation premium assessment rate that is paid by all employers based on their workers' compensation premium and is collected by the insurer at the time the employer pays the premium. This assessm

Calif. Div. of Workers' Comp Announces Reappointment of Jim Zelco to Workers’ Comp Ethics Advisory Committee

LexisNexis Workers' Compensation Law Center Staff — Tue, 11 Aug 2009 20:15:37 GMT

OAKLAND, CA - Division of Workers’ Compensation (DWC) Acting Deputy Administrative Director Destie Overpeck has reappointed Jim Zelco to the workers' compensation ethics advisory committee. The committee, established in 1995 by Title 8, California Code of Regulations, section 9722, reviews

Texas Div. of Workers’ Comp Publishes Informal Draft Formulary Rule, Seeks Input From System Stakeholders

LexisNexis Workers' Compensation Law Center Staff — Tue, 11 Aug 2009 12:56:28 GMT

AUSTIN, TX - The Texas Department of Insurance’s Division of Workers’ Compensation (DWC) has prepared a working draft of rules concerning pharmaceutical benefits, which include a pharmacy closed formulary. Formal draft rules will be proposed in September or October 2009 in order

Texas Workers’ Comp Commissioner Bordelon to Deliver Keynote Speech at ICT Conference

LexisNexis Workers' Compensation Law Center Staff — Tue, 11 Aug 2009 12:52:30 GMT

AUSTIN, TX - September 1, 2009 will mark the fourth anniversary of the effective date of most of the provisions of House Bill (HB) 7 – the workers’ compensation legislation authored by Rep. Burt Solomons (R-Carrollton) that ushered in sweeping reforms to the Texas workers’

Calif. Insurance Commissioner Announces Arrest of Three Family Members on Insurance Fraud, Embezzlement Charges

LexisNexis Workers' Compensation Law Center Staff — Tue, 11 Aug 2009 10:59:31 GMT

SACRAMENTO, CA - Insurance Commissioner Steve Poizner has announced the arrests of Melody Ann Mosqueda, 45, of Valley Springs, her former husband, Anthony Charles Mosqueda, 52, of Stockton and their daughter, Rachel Lee Anthony-Mosqueda, 28, of Elk Grove. The family was arrested as the result of an

Louisiana Retailers Mutual Insurance Company Converts to Retailers Casualty Insurance Company

LexisNexis Workers' Compensation Law Center Staff — Tue, 11 Aug 2009 10:51:15 GMT

BATON ROUGE, LA - Louisiana Retailers Mutual Insurance Company, a workers' compensation insurer, announced that the company has received all regulatory approvals from the Arkansas, Louisiana and Mississippi departments of insurance to convert to a mutual insurance holding company system

National PPO Rockport Healthcare Group Announces New Workers' Comp Network Certification in Georgia

LexisNexis Workers' Compensation Law Center Staff — Tue, 11 Aug 2009 10:44:29 GMT

HOUSTON, TX - Rockport Healthcare Group, a national preferred provider organization (PPO) focused exclusively on workers' compensation, has announced its recent network certification in the state of Georgia. The company is one of a select few to achieve this certification, which covers all 159 coun

Fremont Insurance Posts Net Income Loss for Second Quarter 2009

LexisNexis Workers' Compensation Law Center Staff — Tue, 11 Aug 2009 10:31:41 GMT

FREMONT, MI - Fremont Michigan InsuraCorp, Inc. (Fremont) has reported financial results for the quarter and six months ended June 30, 2009 and announced the declaration of its quarterly cash dividend. Its net income was $585,000 or $.33 per diluted share in the second quarter of 2009 compared

Illinois Attorney General Reaches Settlement With Five Construction Firms on Misclassification of Workers

LexisNexis Workers' Compensation Law Center Staff — Tue, 11 Aug 2009 10:22:43 GMT

CHICAGO, IL - Attorney General Lisa Madigan has reached an agreement to settle her claims against five Chicago-area construction firms that were falsely classifying their employees as independent contractors, rather than fully employed laborers. The settlement agreement, filed in court today, req

Senate Version of Health Care Reform Bill Pushes Employers to Adopt Wellness Programs

LexisNexis Workers' Compensation Law Center Staff — Tue, 11 Aug 2009 03:31:18 GMT

WASHINGTON, D.C - A provision in the Senate version of the health-care reform bill would push private employers to create a “culture of health” for employees in the workplace. Source: CNS News

Colorado Division of Insurance Tallies $188 Million in Consumer Savings and Restored Benefits for Past Year

LexisNexis Workers' Compensation Law Center Staff — Tue, 11 Aug 2009 03:23:56 GMT

DENVER, CO - Adding up savings, penalties and fines assessed, and surcharges on fines, the Dept. of Regulatory Activity’s Division of Insurance tallied more than $188 million in savings and benefits to consumers for the fiscal year ending in June, 2009. “Our people do fantastic wo

North Carolina Insurance Commissioner Announces $6.5 Million Distribution to Former Phoenix Fund Members

LexisNexis Workers' Compensation Law Center Staff — Mon, 10 Aug 2009 21:34:45 GMT

RALEIGH, NC - Insurance Commissioner Wayne Goodwin has announced the distribution of $6.5 million to 661 former members of the Phoenix Fund, Inc. The Phoenix Fund was ordered into rehabilitation in October 2006, by the Wake County Superior Court after the N.C. Department of Insurance uncovered a

Crawford & Company Reports 2009 Second Quarter Results, Revenue Increases

LexisNexis Workers' Compensation Law Center Staff — Mon, 10 Aug 2009 10:24:26 GMT

ATLANTA, GA - Crawford & Company, the world's largest independent provider of claims management solutions to insurance companies and self-insured entities, today announced its financial results for the second quarter ended June 30, 2009. Second quarter 2009 consolidated revenues before reimb

Oregon Governor Signs Legislation to Crack Down on Misclassification of Workers

LexisNexis Workers' Compensation Law Center Staff — Mon, 10 Aug 2009 10:16:37 GMT

SALEM, OR - Governor Kulongoski has signed HB 2815 to create an Interagency Compliance Network to crack down on employers that misclassify workers as independent contractors. Read the bill

CMS Releases Draft Language to Clarify Responsible Reporting Entity for MMSEA Section 111 Purposes

LexisNexis Workers' Compensation Law Center Staff — Mon, 10 Aug 2009 10:05:53 GMT

WASHINGTON, D.C. - The Centers for Medicare and Medicaid Services has posted an Alert with a draft of additional detail regarding who/what entity is a MMSEA Section 111 Responsible Reporting Entity (RRE) for Liability Insurance (Including Self-Insurance), No-Fault Insurance, and Work

New York State Senator Onorato Says Findings by State Task Force on Employee Misclassification Point to Need for Action

LexisNexis Workers' Compensation Law Center Staff — Mon, 10 Aug 2009 02:47:59 GMT

NEW YORK - State Senator George Onorato (D-Queens), the chairman of the Senate Standing Committee on Labor, has announced that recent findings by the New York State Joint Enforcement Task Force on Employee Misclassification “clearly show that action needs to be taken to stop employers from mi

West Virginia Insurance Commissioner Explains New Classification System and 6% Workers' Comp Rate Cut

LexisNexis Workers' Compensation Law Center Staff — Sun, 09 Aug 2009 20:41:54 GMT

FAIRMONT, WV - According to The Times West Virginian , Insurance Commissioner Jane Cline believes West Virginia will benefit in many ways from her recent approval of NCCI's recommended loss cost filing, including a workers' comp rate cut of 6% effective November 1, 2009, and a new classificat

Business Columnist Says Dismantling of State Compensation Insurance Fund Could Drive Up Premiums

LexisNexis Workers' Compensation Law Center Staff — Sun, 09 Aug 2009 20:31:41 GMT

A Los Angeles Business Journal columnist warns that the dismantling of the State Compensation Insurance Fund could drive up workers' comp premiums for thousands of Los Angeles County employers in high-risk categories. SCIF is the insurer of last resort for companies that have a high

Zurich Posts Second Quarter Net Decline of 31 Percent, Announces New CEO

LexisNexis Workers' Compensation Law Center Staff — Fri, 07 Aug 2009 22:29:20 GMT

ZURICH - Zurich Financial Services Group announced its 26 th straight quarter of profitability and its third consecutive quarter-on-quarter profit increase since the financial crisis started in the latter half of 2008. Business operating profit for the discrete second quarter was USD 1.5 billion,

AIG Announces First Profit in Seven Quarters

LexisNexis Workers' Compensation Law Center Staff — Fri, 07 Aug 2009 10:39:00 GMT

NEW YORK, NY - American International Group, Inc. (AIG) today reported its first quarterly profit since the third quarter of 2007, as certain of its businesses stabilized and the company’s results reflected positive valuation changes. AIG also achieved several important milestones in its rest

Calif. Nurses Hold Protest on Inadequate Swine Flu Training and Protections

LexisNexis Workers' Compensation Law Center Staff — Fri, 07 Aug 2009 00:58:45 GMT

SAN FRANCISCO, CA - The San Jose Mercury News reports that nurses at the University of California at San Francisco Medical Center protested what they claim as unsafe practices in the handling of swine flu patients. The nurses claim that they are concerned about being improperl

Madison County Class Action PPO Lawsuit Scheduled for Preliminary Settlement Hearing 8/12/2009

LexisNexis Workers' Compensation Law Center Staff — Fri, 07 Aug 2009 00:50:55 GMT

MADISON COUNTY, IL - A preliminary settlement hearing in a class action suit against AIG is set for August 12 at 1:30 p.m. Richard Coy, a chiropractor, and other medical providers claim that AIG and National Union Fire Insurance of Pittsburgh took improper Preferred Provider Organization (PPO) disc

Calif. Governor Signs Bills Related to SCIF Board, CIGA Premium, and Horse Racing Workers' Comp

LexisNexis Workers' Compensation Law Center Staff — Fri, 07 Aug 2009 00:40:52 GMT

SACRAMENTO, CA – Governor Schwarzenegger has signed the following bills: AB 1117, Fuentes. State Compensation Insurance Fund: board. Existing law establishes the State Compensation Insurance Fund to be administered by a board of directors for the purpose of transacting workers' comp

Legislative Task Force Seeks to Determine Legal Status of CompSource Oklahoma

LexisNexis Workers' Compensation Law Center Staff — Fri, 07 Aug 2009 00:27:44 GMT

OKLAHOMA CITY, OK - A legislative task force charged with privatizing CompSource Oklahoma is first trying to determine the legal status of CompSource and whether it's a state agency. Source: The Journal Record

Minnesota Dept. of Labor and Industry Aggressively Pursuing Noncompliant Employers

LexisNexis Workers' Compensation Law Center Staff — Fri, 07 Aug 2009 00:18:44 GMT

ST. PAUL, MN - Minnesota's Dept. of Labor and Industry has more than doubled the number of penalties issued against noncompliant employers during the last two years. Source: Business Journal

NCCI Recommends 9.3% Increase in Workers' Comp Rates in Colorado

LexisNexis Workers' Compensation Law Center Staff — Fri, 07 Aug 2009 00:13:08 GMT

DENVER, CO - NCCI Holdings, Inc. has recommended an average decrease of 9.3% in Colorado's workers' comp rates for 2010. A public hearing to consider the matter is scheduled for September 17, 2009. Source: Business Insurance

West Virginia Insurance Commissioner Approves 6% Workers' Comp Rate Cut

LexisNexis Workers' Compensation Law Center Staff — Fri, 07 Aug 2009 00:08:33 GMT

CHARLESTON, WV - Insurance Commissioner Jane L. Cline has approved a loss cost filing by the state's workers' compensation insurance companies that will result in an overall six percent decrease, effective November 1, 2009. Source: Insurance Journal

NYSIF Executive Director Said to Be in Line for New York Insurance Superintendent Post

LexisNexis Workers' Compensation Law Center Staff — Thu, 06 Aug 2009 10:28:15 GMT

NEW YORK - The National Underwriter reports that attorney James J .Wrynn, currently the head of the New York State Insurance Fund, is in line to become the state's new insurance superintendent.

New York State Insurance Fund Releases 2008 Annual Report Online, Posts $165M Net Loss Income

LexisNexis Workers' Compensation Law Center Staff — Thu, 06 Aug 2009 09:33:14 GMT

NEW YORK - New York State Insurance Fund Executive Director James J. Wrynn announced the release of the Fund’s 2008 annual report, available through the Fund’s web site at nysif.com. “We are pleased and proud to present the 2008 NYSIF Annual Report, and to make that document el

Texas Div. of Workers' Comp Posts Monthly Updates to Official Disability Guidelines

LexisNexis Workers' Compensation Law Center Staff — Thu, 06 Aug 2009 09:20:27 GMT

AUSTIN, TX - The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) and the Work Loss Data Institute, publishers of the Official Disability Guidelines - Treatment in Workers' Comp (ODG), have partnered to produce a monthly update to inform system participants of ch

New Hampshire Employee Leasing Law Changes

LexisNexis Workers' Compensation Law Center Staff — Wed, 05 Aug 2009 23:55:40 GMT

CONCORD, NH - Changes to the employee-leasing law, RSA chapter 277-B, were signed by the Governor on July 31, and become effective sixty days later on September 29, 2009. Click on the following link for more information. SB0167 One major change from prior law is that the employee leasing co

Medical Study Examines Asthma and Posttraumatic Stress Symptoms 5 to 6 Years Following Exposure to WTC Attack

LexisNexis Workers' Compensation Law Center Staff — Wed, 05 Aug 2009 23:47:22 GMT

The August 5, 2009 issue of JAMA includes a study on asthma and posttraumatic stress symptoms five to six years following xposure to the World Trade Center terrorist attack. The study finds that "acute and prolonged exposures were both associated with a large burden of asthma and PTS symptom

NYCIRB Posts Revised Factors, Small Deductible Loss Elimination Ratios Effective 10/1/2009

LexisNexis Workers' Compensation Law Center Staff — Wed, 05 Aug 2009 09:10:57 GMT

NEW YORK, NY - The New York Compensation Insurance Rating Board has announced that the New York State Insurance Department has approved revised tables of Excess Loss Pure Premium Factors, State Hazard Group Differentials, and Retrospective Rating Pure Premium Development Factors, eff

Cash-Starved Governments Enacting or Weighing Legislation to Crack Down on Misclassification of Employees

LexisNexis Workers' Compensation Law Center Staff — Wed, 05 Aug 2009 04:03:15 GMT

Cash-strapped governments are eyeing a lucrative source of revenue from penalizing employers that misclassify employees as independent contractors. To date, at least six states, i.e., Colorado, New Jersey, New York, Washington, Pennsylvania and Maryland, have recently enacted or considered le

Colorado State Panel Begins Review of Pinnacol Assurance's Business Practices

LexisNexis Workers' Compensation Law Center Staff — Wed, 05 Aug 2009 03:51:35 GMT

DENVER, CO - The Denver Post reports that a state panel has begun its review of Pinnacol Assurance's business practices, including whether doctors and other medical providers who advise Pinnacol are somehow rewarded for helping to deny claims, and whether Pinnacol's $700 million surplus is

WCRI Study Indicates Low Medical Payments Per Massachusetts Workers’ Comp Claim, but Steadily Increasing

LexisNexis Workers' Compensation Law Center Staff — Tue, 04 Aug 2009 22:02:11 GMT

CAMBRIDGE, MA - Medical payments per workers’ compensation claim in Massachusetts were the lowest of 14 states, despite steady increases since 2001, according to a new study from the Workers Compensation Research Institute (WCRI). The study, CompScope TM Medical Benchmarks for

NYSIF Helps Feds in Premium Fraud/Tax Fraud Prosecution

LexisNexis Workers' Compensation Law Center Staff — Tue, 04 Aug 2009 21:50:23 GMT

ALBANY, NY - New York State Insurance Fund Executive Director James J. Wrynn expressed his gratitude to federal law enforcement authorities in cracking a workers’ compensation premium fraud case that landed a Queens businessman in prison for more than three years and won a judgment of res

Federal OSHA Commences National Emphasis Program on Injury and Illness Reporting

LexisNexis Workers' Compensation Law Center Staff — Tue, 04 Aug 2009 10:47:41 GMT

WASHINGTON, D.C. - Starting this momth, the U.S. Dept. of Labor, OSHA will commence its new National Emphasis Program on injury and illness recordkeeping, this after congressional hearings last year on the underreporting of injuries and illnesses by employers. Read Facility Blog Read back

Medical Study Says Psychosocial Factors Play Important Role in Treating Disabling Musculoskeletal Pain

LexisNexis Workers' Compensation Law Center Staff — Tue, 04 Aug 2009 10:30:04 GMT

A new article published in the Journal of Bone & Joint Surgery says that psychosocial factors are important determinants of pain intensity and disability in patients with disabling musculoskeletal pain. These psychosocial aspects include beliefs, expectations, coping style, depression, pai

Florida Correctional Officer Raped in Prison Library Sues City for Negligence and Civil Rights Violations

LexisNexis Workers' Compensation Law Center Staff — Tue, 04 Aug 2009 10:10:27 GMT

JACKSONVILLE, FL - The Florida Times-Union reports that a correctional officer raped in a Duval County jail by an unrestrained killer has filed a lawsuit against the city, the sheriff, two police administrators, and the rapist, claiming negligence and civil rights violations. According to the Ti

Colorado State Panel Begins Review of Pinnacol Assurance's Business Practices, Assets and Future

LexisNexis Workers' Compensation Law Center Staff — Tue, 04 Aug 2009 03:35:48 GMT

DENVER, CO - The Denver Post reports that lawmakers, who are reviewing Pinnacol Assurance's business practices, might take a look at how Nevada and West Virginia have privatized their workers' compensation funds.

Florida Governor Appoints Terry Morrow to the Workers’ Compensation Panel

LexisNexis Workers' Compensation Law Center Staff — Tue, 04 Aug 2009 04:06:22 GMT

TALLAHASSEE, FL – Governor Charlie Crist has announced the following appointment: Workers’ Compensation Panel (Senate Confirmation Required) Terry Morrow, 46, of Lakeland, president of Tomorrow Division Inc., succeeding Anne Dickinson, appointed for a term beginning July 31, 2009,

San Diego Columnist Asks Whether Illegal Immigration Is a Victimless Crime

LexisNexis Workers' Compensation Law Center Staff — Tue, 04 Aug 2009 03:52:40 GMT

SAN DIEGO, CA - Columnist Carl Braun, the San Diego Immigration Policy Examiner, is running a four-part series on illegal immigration, crime and its victims. Part I - Illegal Immigration: A Victimless Crime? Part II - Who Gets Hurt? Is Illegal Immigration a Victimless

Ohio Bureau of Workers' Comp Board of Directors Votes to Strengthen Group Marketing Oversight

LexisNexis Workers' Compensation Law Center Staff — Tue, 04 Aug 2009 03:40:31 GMT

COLUMBUS, OH - The Ohio Bureau of Workers’ Compensation (BWC) Board of Directors continues to enhance the agency’s rate reform efforts. The Board voted to further strengthen the requirements for group sponsors, those associations that provide services to employers who qualify for g

Judge Dismisses Calif. Pharmacy Management's RICO Claim Against Workers' Comp Insurers for Now

LexisNexis Workers' Compensation Law Center Staff — Mon, 03 Aug 2009 10:28:37 GMT

CALIF. - Judge David O. Carter of the U.S. District Court, Central District of California, has granted the defendants (workers' compensation insurers) motion to dismiss a RICO action brought against them by plaintiff California Pharmacy Management (CPM), but granted CPM leave to amend its complaint

Malta Company Investigating War Contractor Injuries for AIG Now Under Scrutiny

LexisNexis Workers' Compensation Law Center Staff — Mon, 03 Aug 2009 03:28:08 GMT

MALTA - The Malta Independent Online reports that Tangiers International, a Malta-based company, which investigates workers' compensation claims for AIG with respect to injured war contractors, has come under scrutiny after an employee used an ID card that falsely suggested that he was a U.S. Dep

Film Workers Report Respiratory Illnesses After Working at Studio Located on Former NASA Plant

LexisNexis Workers' Compensation Law Center Staff — Mon, 03 Aug 2009 02:50:51 GMT

DOWNEY, CA - The Los Angeles Times reports that workers at Downey Studios, located on the site of a former NASA plant, have experienced severe respiratory problems and related-illnesses.

Columnist Says Iowa Employers Need to Exercise Caution When Promoting Company-Sponsored Activities

LexisNexis Workers' Compensation Law Center Staff — Mon, 03 Aug 2009 02:22:52 GMT

DES MOINES, IA - A columnist at the Des Moines Register says Iowa employers need to exercise caution when promoting or encouraging participation in company-sponsored activities and programs because Iowa still follows the general rule allowing employees to seek workers' compensation benefits for i

University of Minnesota Health Researchers Commence Study on Mesothelioma Rates for Taconite Workers

LexisNexis Workers' Compensation Law Center Staff — Sun, 02 Aug 2009 16:57:41 GMT

MINNESOTA - The Star Tribune reports that University of Minnesota health researchers have commenced a wide-ranging study to determine why so many taconite workers on the Iron Range are dying from mesothelioma.

Calif. State Worker Union Approves Strike Authorization

LexisNexis Workers' Compensation Law Center Staff — Sun, 02 Aug 2009 11:29:38 GMT

SACRAMENTO, CA - The Service Employees International Union Local 1000, California's largest state employee union, has announced that 74% of its membership approved strike authorization on Saturday. (Source: Sacramento Bee ) Calling three furlough days per month “just plain wron

Delaware Governor Signs Landmark Workforce Fraud Legislation

LexisNexis Workers' Compensation Law Center Staff — Sun, 02 Aug 2009 02:26:43 GMT

DOVER, DE – Governor Jack A. Markell signed landmark legislation that will prevent workforce fraud in the construction services industry. House Substitute 1 for House Bill 230, sponsored by House Speaker Rep. Robert F. Gilligan, D-Sherwood Park, will allow the state Department of Labo

U.S. Dept. of Labor Forms Task Force to Review Nevada OSHA

LexisNexis Workers' Compensation Law Center Staff — Sun, 02 Aug 2009 02:18:40 GMT

NEVADA - The Las Vegas Sun repors that the U.S. Labor Department has formed a task force to probe Nevada's practices for investigation of workplace accidents, this according to Jordan Barab, the acting assistant secretary of labor who overseers federal OSHA.

China Launches National Survey on Diagnosis and Appraisal of Occupational Disease

LexisNexis Workers' Compensation Law Center Staff — Sun, 02 Aug 2009 02:02:41 GMT

BEIJING, CHINA - China's Ministry of Health plans to launch a survey to detect problems in the diagnosis and appraisal of occupational disease, with a focus on criteria, procedure, administration, personnel and funding. Chinese law provides compensation to sufferers of occupational d

Travelers Companies Reports Second Quarter 2009 Profit Decreases

LexisNexis Workers' Compensation Law Center Staff — Sun, 02 Aug 2009 01:41:55 GMT

ST. PAUL, MN - The Travelers Companies, Inc. reported a decline in second quarter profit. The company's net income for the quarter declined to $740 million or $1.27 per share from $942 million or $1.54 per share in the previous year. Source: RTT News

The Hartford Posts Net Loss of $15M in Second Quarter 2009

LexisNexis Workers' Compensation Law Center Staff — Sun, 02 Aug 2009 01:32:49 GMT

HARTFORD, CT - The Hartford reported a second quarter 2009 net loss of $15 million compared with second quarter 2008 net income of $543 million. Source: Insurance Journal

Cal/OSHA Moves to Strengthen Heat Illness Prevention Regulations

LexisNexis Workers' Compensation Law Center Staff — Fri, 31 Jul 2009 23:54:42 GMT

SAN FRANCISCO, CA - The Department of Industrial Relations’ (DIR) Division of Occupational Safety and Health (Cal/OSHA) filed a proposal with the Occupational Safety and Health Standards Board on July 31, 2009, to amend California ’s first of its kind heat illness prevention reg

ACLU and United Farm Workers File Lawsuit Against Cal-OSHA for Failure to Enforce Heat Rules

LexisNexis Workers' Compensation Law Center Staff — Fri, 31 Jul 2009 03:04:00 GMT

LOS ANGELES, CA - The American Civil Liberties Union and the United Farm Workers Union have filed a lawsuit against Cal-OSHA. The lawsuit, which was filed in a Los Angeles Superior Court, accuses Cal-OSHA of not being capable of protecting the state's 650,000 farm laborers from heat injury and

President of Work Loss Data Institute Advocates the Value of Evidence-Based Treatment

LexisNexis Workers' Compensation Law Center Staff — Fri, 31 Jul 2009 02:43:16 GMT

ENCINITAS, CA - Philip L. Denniston, the president of the Work Loss Data Institute, which publishes the Official Disability Guidelines (ODG), states that ever since the first documented use of the term "evidence-based" in 1992, the effectiveness of using such guidelines has demo

Florida Division of Workers' Comp Proposes Rule Changes for Workers' Comp Insurers' Standards and Practices

LexisNexis Workers' Compensation Law Center Staff — Fri, 31 Jul 2009 02:28:03 GMT

TALLAHASSEE, FL - The Florida Division of Workers' Compensation has issued a notice of proposed rulemaking regarding workers' compensation insurers' standards and practices. The proposed rules provide guidance to regulated entities regarding requirements to provide timely payment of worker

New York State Workers' Comp Board Denies 9/11 Claim, Narrowly Defining "Rescue, Recovery and Cleanup"

LexisNexis Workers' Compensation Law Center Staff — Fri, 31 Jul 2009 02:18:37 GMT

ALBANY, NY - The New York State Workers' Compensation Board has denied a 9/11 claim as untimely, and held that the claimant was not a participant in rescue, recovery, and/or clean-up operations as defined by statute, when she gave directions to Federal Reserve employees who were not

More Than Half of Emergency Nurses Surveyed Report Physical Violence on the Job

LexisNexis Workers' Compensation Law Center Staff — Fri, 31 Jul 2009 02:01:20 GMT

A report published in the Journal of Nursing Administration indicates that more than half of the emergency nurses surveyed experienced physical violence on the job, including being "spit on", "hit", "pushed or shoved," "scratched," and "kicked".

West Virginia Court Upholds Jury Verdict of $2 Million in Wrongful Termination Case

LexisNexis Workers' Compensation Law Center Staff — Fri, 31 Jul 2009 01:42:16 GMT

CHARLESTON, WV - The West Virginia Supreme Court of Appeals upheld a jury verdict awarding $2 million for wrongful termination, and held that wrongful termination and workers' compensation discrimination claims are not preempted by federal law when the claims do not require an interpretation o

New WCRI Study Shows Michigan's Medical Payments Per Claim for Workers’ Comp Among Lowest of States

LexisNexis Workers' Compensation Law Center Staff — Fri, 31 Jul 2009 01:10:40 GMT

CAMBRIDGE, MA - Medical payments per workers’ compensation claim in Michigan were among the lowest of 14 states, largely the result of lower utilization and lower prices paid for some services, according to a new study from the Workers Compensation Research Institute (WCRI).

New WCRI Study Shows Pennsylvania Workers' Comp Medical Costs Rising

LexisNexis Workers' Compensation Law Center Staff — Thu, 30 Jul 2009 11:38:10 GMT

CAMBRIDGE, MA- Medical costs per claim for workers' compensation claims in Pennsylvania were typical compared with other states, but rising, a new study said. The Cambridge, Mass.-based Workers Compensation Research Institute (WCRI) reported that typical medical costs per claim in 200

Property Casualty Insurers Association of America Seeks to Strengthen Insurance Fraud Laws in Pennsylvania

LexisNexis Workers' Compensation Law Center Staff — Thu, 30 Jul 2009 11:18:42 GMT

PHILADELPHIA, PA – The Property Casualty Insurers Association of America (PCI) is encouraging members of the Pennsylvania House Insurance committee to advance several bills that will have a positive impact on the way insurers fight insurance fraud. The House Insurance Committee is holdin

Iowa Notice of Proposed Workers' Comp Rate Filing

LexisNexis Workers' Compensation Law Center Staff — Thu, 30 Jul 2009 11:13:50 GMT

DES MOINES, IA - Pursuant to Iowa Code section 515A.6(7), notice is hereby given that the National Council on Compensation Insurance has made a rate filing which affects the premium rates for workers’ compensation insurance. The NCCI filing would have an anticipated effective date of January

New WCRI Study Shows Medical Costs Per Claim for Florida Workers’ Comp Claims Grew

LexisNexis Workers' Compensation Law Center Staff — Thu, 30 Jul 2009 11:09:16 GMT

CAMBRIDGE, MA - Medical costs per workers’ compensation claim in Florida grew at a rate of five to seven percent annually in 2005 and 2006 after a period of stabilization in 2004 which immediately followed major reform legislation, according to a study by the Workers Compensation Re

Pinnacol Assurance Seeks Deal in Exchange for Greater Autonomy

LexisNexis Workers' Compensation Law Center Staff — Thu, 30 Jul 2009 03:25:15 GMT

DENVER, CO - The Denver Post reports that the President and Chief Executive of Pinnacol Assurance wants to craft a deal whereby the workers' compensation insurance fund would pay state taxes and a lump sum in exchange for greater autonomy. In less than a week, a special committee is set to b

Delaware Insurance Commissioner Lauds Court's Decision to Further Reduce Workers' Comp Rates

LexisNexis Workers' Compensation Law Center Staff — Thu, 30 Jul 2009 02:13:09 GMT

DOVER, DE - Delaware Insurance Commissioner Karen Weldin Stewart said she was pleased with the Chancery Court’s decision on Friday, July 24th affirming former Commissioner Matt Denn’s Orders to further reduce workers’ compensation rates as well as his interpretation of the 2007 am

Texas Public Entities Earn More Than $150,000 in Workers' Comp Dividend Payments

LexisNexis Workers' Compensation Law Center Staff — Thu, 30 Jul 2009 02:05:11 GMT

DALLAS, TX - The Board of Trustees of Texas Political Subdivisions Joint Self Insurance Fund has voted to approve more than $150,000 in dividend payments to member local government entities throughout Texas. Source: Claims Journal

Liberty Mutual Group Reports Second Quarter 2009 Results

LexisNexis Workers' Compensation Law Center Staff — Thu, 30 Jul 2009 02:18:10 GMT

BOSTON, MA - Liberty Mutual Group reported net income of $274 million for the three months ended June 30, 2009, a decrease of $26 million from the same period in 2008. Net income excluding private equity (loss) income was $287 million in the quarter versus $262 million in the prior year. &ldquo

Calif. Supreme Court Denies Review in Outpatient Surgery Center's Appeal of Tapia En Banc Decision

LexisNexis Workers' Compensation Law Center Staff — Wed, 29 Jul 2009 17:25:49 GMT

SAN FRANCISCO, CA - The California Supreme Court has denied Lien Claimant SB Surgery Center's appeal of the WCAB en banc's ruling that an outpatient surgery center lien claimant (or any medical lien claimant) has the burden of proving that its charges are reasonable, and that the outpati

Calif. Governor Signs Budget Agreement, Approves Sale of Part of State Compensation Insurance Fund

LexisNexis Workers' Compensation Law Center Staff — Wed, 29 Jul 2009 00:27:37 GMT

SACRAMENTO, CA - Governor Schwarzenegger has signed a series of budget revisions, which include selling part of State Compensation Insurance Fund's book of business. Read more here Read the Governor's press release Read ABX4 12 here

Texas Mutual Pays $75M in Policyholder Dividends

LexisNexis Workers' Compensation Law Center Staff — Wed, 29 Jul 2009 04:05:35 GMT

AUSTIN, TX - Texas Mutual Insurance Company has bugan distributing $75 million in workers’ compensation dividends . Approximately 38,000 business owners, representing 79 percent of the company’s policyholders, will receive a dividend as a reward for committing to workplace safety.

Report Finds State Legislatures Deliberating Record Levels of Immigrant-Related Legislation in First Half of 2009

LexisNexis Workers' Compensation Law Center Staff — Wed, 29 Jul 2009 03:58:25 GMT

PHILADELPHIA, PA -- While national attention on immigration has declined, state legislatures are deliberating record levels of immigrant-related legislation. In the first half of 2009, state legislation related to immigration topped last year’s totals, according to a new report from the Nat

$5 Billion in Benefits Paid Under Energy Employees Occupational Illness Compensation Program Act

LexisNexis Workers' Compensation Law Center Staff — Wed, 29 Jul 2009 03:47:53 GMT

WASHINGTON , D.C. — The U.S. Department of Labor has announced that it has paid more than $5 billion in compensation and medical benefits to more than 52,600 claimants nationwide under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). This milestone coincides

Florida Division of Workers' Comp Releases Bureau of Monitoring and Audit Statistics for FY 2008/2009

LexisNexis Workers' Compensation Law Center Staff — Wed, 29 Jul 2009 03:41:39 GMT

TALLAHASSEE, FL - The Florida Division of Workers' Compensation's Bureau of Monitoring and Audit has released its latest statistics. In Fiscal Year 2008/2009, the Bureau of Monitoring and Audit: Conducted and completed 49 audits of insurer claim files. The insurer claim file contains all

Washington Employers Anticipate Largest Increase in Workers' Comp Premiums Since 2003

LexisNexis Workers' Compensation Law Center Staff — Wed, 29 Jul 2009 03:30:59 GMT

WA - Washington employers are bracing themselves for the largest increase in their workers' compensation premiums since 2003. Source: Puget Sound Business Journal

Coventry Health Care Reports Second Quarter Earnings

LexisNexis Workers' Compensation Law Center Staff — Tue, 28 Jul 2009 10:31:24 GMT

BETHESDA, MD - Coventry Health Care, Inc. reported consolidated operating results for the quarter ended June 30, 2009. Operating revenues totaled $3.5 billion for the quarter with GAAP net earnings of $18.4 million, or $0.12 per diluted share. Excluding the impact of the First Health Services

Wal-Mart Accused of Violating RICO in Class Action Lawsuit Filed by Injured Employees

LexisNexis Workers' Compensation Law Center Staff — Tue, 28 Jul 2009 10:12:59 GMT

DENVER, CO - The nation's largest retailer, Wal-Mart, was accused in a class action lawsuit filed March 24, 2009 of conspiring with health care providers and insurers to dictate medical treatment provided to employees injured on the job (Josephine Gianzero, et al. v. Wal-Mart Stores Inc.,

Experts Say Post-Traumatic Stress Disorder Claims Are a "Money Spinner"

LexisNexis Workers' Compensation Law Center Staff — Tue, 28 Jul 2009 03:19:20 GMT

GREAT BRITAIN - Daily Mail reports that Professor David Alexander, a post-traumatic stress disorder expert at Aberdeen's Robert Gordon University, calls PTSD a "money spinner" because when people have the prospect of securing a large sum of compensation by continuing to have headac

OSHA Says Whistleblower on Underreporting of Workplace Injuries Will Lose His Job

LexisNexis Workers' Compensation Law Center Staff — Tue, 28 Jul 2009 02:47:41 GMT

WASHINGTON, D.C. - The Charlotte Observer reports that OSHA plans to remove Bob Whitmore, the former head of OSHA's recordkeeping department who publicly criticized the Department's handling of companies that underreported injuries, from his position on July 31, 2009

State Compensation Insurance Fund Says Previous Attempts to Sell or Privatize the Fund Have Failed

LexisNexis Workers' Compensation Law Center Staff — Tue, 28 Jul 2009 02:29:06 GMT

SAN FRANCISCO, CA - A spokeswoman at the State Compensation Insurance Fund says that the potential sale of part of the Fund's assets could take some time, and that previous attempts to sell or privatize the Fund have been dropped, given the risks to the market and economy. Source:

South Carolina Legislative Audit Council Raises Concerns About State's Captive Insurance Regulation

LexisNexis Workers' Compensation Law Center Staff — Mon, 27 Jul 2009 10:29:27 GMT

COLUMBIA, SC - As reported by Business Insurance , Scott H. Richardson, the director of the South Carolina Department of Insurance, says the department is addressing concerns about the state's captive insurance regulation, this after the legislature, which was concerned about rising

Columnist Says Sale of State Fund Assets Marks Beginning of Privatization of Workers' Comp Insurance in California

LexisNexis Workers' Compensation Law Center Staff — Mon, 27 Jul 2009 10:14:43 GMT

CALIFORNIA - Dan Conway at the World Socialist Web Site says that the sale of a portion of the State Compensation Insurance Fund is "effectively the beginning of the privatization of workers compensation insurance" in California.

New Jersey Jury Awards $70,000 to Corrections Officer in Workers' Comp Retaliation and Discrimination Case

LexisNexis Workers' Compensation Law Center Staff — Mon, 27 Jul 2009 03:41:22 GMT

HUDSON COUNTY, NJ - New Jersey On-line reports that a Hudson County jury has awarded $70,000 to a corrections officer who had filed a lawsuit against her employer for retaliating against her for filing a workers' compensation claim and for discrimination in that she was repeatedly bypassed

President Obama Announces U.S. to Join 140 Other Nations in Signing U.N. Convention on Rights of Persons With Disabilities

LexisNexis Workers' Compensation Law Center Staff — Sat, 25 Jul 2009 11:58:44 GMT

WASHINGTON, D.C. - At a celebration of the 19th anniversary of the passage of the Americans with Disabilities Act (ADA), President Obama announced that the United States will sign the most comprehensive international treaty on the rights of persons with disabilities. If ratified by the Senate, the

Mississippi Agencies Join Forces to Stop Illegal Filing of Workers Comp and Unemploymnet Benefits

LexisNexis Workers' Compensation Law Center Staff — Sun, 26 Jul 2009 11:34:57 GMT

JACKSON, MS - The Mississippi Department of Employment Security and the state Workers’ Compensation Commission have teamed up to cross-match data to identify individuals who may be fraudulently receiving or attempting to receive workers’ compensation benefits and unemployment insurance

Connecticut Retirement Incentive Deal Results in Loss of Two Top Personnel at Workers' Comp Fraud Control Bureau

LexisNexis Workers' Compensation Law Center Staff — Sun, 26 Jul 2009 11:18:08 GMT

HARTFORD, CT - The Hartford Business Journal reports that the retirement incentive deal worked out by the Governor Rell and unions has left some agencies reeling from the loss of specialized experts, including the loss of two top employees at the Workers' Compensation Fraud Co

Former Doctoral Student Claims His Cancer Caused by Exposure to Arsenic at University-Run Greenhouse

LexisNexis Workers' Compensation Law Center Staff — Sun, 26 Jul 2009 11:08:10 GMT

SAN ANTONIO, TX -The San Antonio Express-News reports that Rob Wayne, a former doctoral student at the University of Texas at San Antonio, has filed a lawsuit against the University, claiming that his exposure to arsenic at a University-run greenhouse caused his bout with cancer and tha

Third Circuit Court of Appeals Rejects Certification of Class Action Lawsuit Against UPS

LexisNexis Workers' Compensation Law Center Staff — Fri, 24 Jul 2009 23:09:42 GMT

PHILADELPHIA, PA - Ashbury Park Press reports that the Third Circuit Court of Appeals has reversed a district court's ruling that allowed employees, who worked at UPS since May 10, 2000, including those absent from work and receiving either workers' compensation or disability benefits,

Calif. Governor's Legal Team Challenges Assignment of SEIU Furlough Lawsuit to San Francisco Judge

LexisNexis Workers' Compensation Law Center Staff — Fri, 24 Jul 2009 22:43:21 GMT

SAN FRANCISCO, CA - The Sacramento Bee reports that the Governor's legal team has challenged the assignment of SEIU Local 1000's lawsuit to San Francisco Superior Court Judge Peter Busch. SEIU is seeking to exempt workers it represents at the State Compensation Insurance Fund from the Governor'

Calif. Assembly Approves Most of State Budget

LexisNexis Workers' Compensation Law Center Staff — Fri, 24 Jul 2009 22:34:18 GMT

SACRAMENTO, CA - As reported by The Sacramento Bee , the California Assembly approved all but two parts of the budget proposal (i.e., borrowing transportation money from local governments and new oil drilling off the Santa Barbara coast). The bill now goes to the Governor.

Calif. Senate Passes Bill Allowing Sale of State Compensation Insurance Fund Assets

LexisNexis Workers' Compensation Law Center Staff — Fri, 24 Jul 2009 14:15:30 GMT

SACRAMENTO, CA - Workers' Comp Executive reports that the Senate has passed AB12XXX by a vote of 27-12, allowing the sale of part of the assets of the State Compensation Insurance Fund. The Assembly is still deliberating the Senate's bill.

Study Finds Wisconsin Medical Costs Per Claim for Workers’ Comp Typical of Other States After Years of Being Lower

LexisNexis Workers' Compensation Law Center Staff — Fri, 24 Jul 2009 10:24:15 GMT

CAMBRIDGE, MA – Medical costs per workers’ compensation claim in Wisconsin shifted from being lower than other study states to being typical, according to a new study by the Workers Compensation Research Institute (WCRI). The study, CompScope TM Medical Benchmarks for Wisco

Calif. Insurance Commissioner Releases Operational Review Report of California Insurance Guarantee Association

LexisNexis Workers' Compensation Law Center Staff — Fri, 24 Jul 2009 00:36:00 GMT

SACRAMENTO, CA - In a continuing effort to make the Department of Insurance and entities overseen by CDI more efficient and effective, Insurance Commissioner Steve Poizner released an operational review report of the California Insurance Guarantee Association (CIGA). This is the third report of a

Michigan Workers' Compensation Agency Posts 2008 Reports on Pay Lag and Notice of Dispute

LexisNexis Workers' Compensation Law Center Staff — Fri, 24 Jul 2009 03:53:40 GMT

LANSING, MI - The Director of the Michigan Workers' Compensation Agency has posted the 2008 Pay Lag Report showing the pay lag results by industry group as well as individual company is now available. Although the MCA says that improvements have been made, the current average is still 3 da

Maine Governor Ceremonially Signs Firefighter Workers’ Comp Legislation

LexisNexis Workers' Compensation Law Center Staff — Fri, 24 Jul 2009 01:11:06 GMT

AUGUSTA, ME – Governor John E. Baldacci has ceremonially signed LD 621, An Act Allowing Workers’ Compensation Benefits for Firefighters Who Contract Cancer. The legislation was sponsored by Sen. Phil Bartlett (D-Cumberland).#The law in certain situations allows firefighters who contra

South Carolina Legislative Audit Council Posts Review of Insurance Department

LexisNexis Workers' Compensation Law Center Staff — Fri, 24 Jul 2009 00:54:09 GMT

COLUMBIA, SC – Upon request of the members of the General Assembly, the Legislative Audit Council conducted an audit of the South Carolina Department of Insurance. The audit focused on four main areas: Workers’ Compensation Insurance Coastal Property Insurance

Calif. Div. of Workers’ Comp Posts Annual Reports

LexisNexis Workers' Compensation Law Center Staff — Fri, 24 Jul 2009 00:40:49 GMT

OAKLAND, CA - The Division of Workers’ Compensation (DWC) has posted the 2009 DWC Audit Unit annual report and the ethics advisory committee's annual report on its Web site. The Audit Unit annual report provides information on how claims administrators audited by the DWC in 2008 performed a

NYSIF Announces New Disability Benefits Automated Quote System

LexisNexis Workers' Compensation Law Center Staff — Fri, 24 Jul 2009 00:31:44 GMT

NEW YORK, NY - New York State Insurance Fund Executive director James J. Wrynn today announced the Fund has launched a new disability benefits automated quote system on NYSIF’s home page ( www.nysif.com ). “This new application provides NYSIF customers an immediate annual premium

Illinois Self-Insurers Association Files Amicus Curiae Brief in RICO Action Claims Management Case

LexisNexis Workers' Compensation Law Center Staff — Thu, 23 Jul 2009 13:29:18 GMT

CHICAGO, IL - The Illinois Self-Insurers Association announced that it has filed a Brief Amicus Curiae in support of Petitioner's Writ Statutory of the United States Supreme Court on the case of Cassens Transport v. Paul Brown, et al. The ISIA says it is hopeful that the U.S. Suprem

Calif. Workers' Comp Insurance Carriers Continue to File Updated Rates

LexisNexis Workers' Compensation Law Center Staff — Thu, 23 Jul 2009 11:05:24 GMT

SACRAMENTO, CA - Eighteen insurance companies have filed for rate changes so far in July 2009, with the highest rate filing being made by Wausau Underwriters Insurance Company, which has requested a 23.2 percent increase. Read the Workers' Comp Executive chart here

Zenith Posts Second Quarter Results

LexisNexis Workers' Compensation Law Center Staff — Thu, 23 Jul 2009 03:17:57 GMT

WOODLAND HILLS, CA - Zenith National Insurance Corp. (NYSE: ZNT) reported net income for the second quarter 2009 of $1.8 million, or $0.05 per share, compared to net income for the second quarter 2008 of $28.4 million, or $0.76 per share. Net income for the six months ended June 30, 2009 was $4.4 m

Former Los Angeles City Controller Accuses New City Attorney for Misleading Her on Workers' Comp Audit

LexisNexis Workers' Compensation Law Center Staff — Thu, 23 Jul 2009 04:20:47 GMT

LOS ANGELES, CA - According to The Los Angeles Daily News , former Los Angeles City Controller Laura Chick says new City Attorney Carmen Trutanich misled her about his desire to let the City Controller office audit the City Attorney's Office handling of workers' compensation claims, in o

BrickStreet Mutual Insurance Posts Lower Profits

LexisNexis Workers' Compensation Law Center Staff — Thu, 23 Jul 2009 04:05:58 GMT

CHARLESTON, WV - The Charleston Daily Mail reports that BrickStreet Mutual Insurance Company says it earned a $19 million profit in the first six months of the year. The company earned $38 million in the same period a year ago.

Maryland Governor Announces Plans to Crack Down on Misclassification of Employees

LexisNexis Workers' Compensation Law Center Staff — Thu, 23 Jul 2009 03:30:10 GMT

BALTIMORE, MD - On the heels of passage earlier this year of the Workplace Fraud Act of 2009, Governor Martin O’Malley announced a series of actions to help strengthen the Unemployment Insurance Trust Fund, protect Maryland workers and crack down on employers who violate the law

Calif. Division of Workers’ Comp Surveys Electronic Filing (EAMS) Users

LexisNexis Workers' Compensation Law Center Staff — Thu, 23 Jul 2009 02:43:55 GMT

OAKLAND, CA - The Division of Workers’ Compensation (DWC) has created an online survey to ask external parties about their interaction with the Electronic Adjudication Management System (EAMS). The survey is designed to collect feedback from filers regarding the implementation of EAMS, alon

Governor Bredesen Makes Appointments to Tennessee Advisory Council on Workers' Compensation

LexisNexis Workers' Compensation Law Center Staff — Thu, 23 Jul 2009 02:39:47 GMT

NASHVILLE , TN - Governor Phil Bredesen has appointed the following people to the Advisory Council on Workers' Compensation: Kenny McBride, McKenzie; Samuel Edwin Murrell, Memphis; and A. Gregory Ramos, Brentwood Source: Governor's Office

Labor Dept. Notifies Former Nuclear Weapons Employees in Penn. and Mass. of Special Exposure Cohort Designation

LexisNexis Workers' Compensation Law Center Staff — Thu, 23 Jul 2009 02:35:02 GMT

WASHINGTON, D.C. - The U.S. Department of Labor would like to notify all former Westinghouse Atomic Power Development Plant workers about a new class of employees added to the Energy Employees Occupational Illness Compensation Program Act's (EEOICPA) Special Exposure Cohort (SEC). The EEOICPA provi

Nevada Dept. of Business & Industry Posts Recap of Pertinent 2009 Workers' Comp Legislation

LexisNexis Workers' Compensation Law Center Staff — Thu, 23 Jul 2009 02:22:50 GMT

CARSON CITY, NV - According to the Nevada Dept. of Business & Industry, Workers' Compensation Section, the 75th regular session of the Nevada Legislature proved to be quite active regarding workers’ compensation legislation. What follows is the Section's condensed recap of all pertin

Calif. Div. of Workers' Comp Appoints New Members to Medical Guidelines Advisory Committee

LexisNexis Workers' Compensation Law Center Staff — Wed, 22 Jul 2009 18:34:45 GMT

OAKLAND, CA - The California Division of Workers' Compensation (DWC) is pleased to announce the appointment of two new members to its medical evidence evaluation advisory committee. Claire Johnson, DC, MSEd, DACBSP, will fill the vacant position in the chiropractic field. William Meeker, DC, MPH,

Columnist Warns Sale of State Compensation Insurance Fund Assets Is Bad Fiscal Practice

LexisNexis Workers' Compensation Law Center Staff — Wed, 22 Jul 2009 09:44:41 GMT

SACRAMENTO, CA - Dan Walters at The Sacramento Bee warns that the late night budget deal in California might backfire. With respect to the sale of part of the State Compensation Insurance Fund, he states that "no one knows whether there's a buyer, no one knows how it would affect employ

Calif. State Bar Workers' Comp Section Announces Honorees for 2009 Steve Jimenez Special Recognition Awards

LexisNexis Workers' Compensation Law Center Staff — Wed, 22 Jul 2009 09:33:34 GMT

SAN FRANCISCO, CA - The Executive Committee of the California State Bar’s Workers’ Compensation Section has established an annual Recognition Awards program to recognize outstanding attorneys and judges who have made significant recent or lifetime contributions to the workers&rsquo

CMS Seeks Input From Insurers and Employers on Proposed Web-Based Portal for Reporting Workers' Comp Medicare Set-Asides

LexisNexis Workers' Compensation Law Center Staff — Tue, 21 Jul 2009 22:45:15 GMT

WASHINGTON, D.C. - In an attempt to make it easier for entities to report workers' compensation settlements that contemplate future medical (including prescription drug) treatments, the Centers for Medicare & Medicaid Services (CMS) proposes, by calendar year 2010, to streamline the WCMSA propo

State Compensation Insurance Fund Board of Directors Opposes Sale of State Fund Assets

LexisNexis Workers' Compensation Law Center Staff — Tue, 21 Jul 2009 21:22:32 GMT

SAN FRANCISCO, CA - The State Compensation Insurance Fund Board of Directors has issued the following statement: Text of the Resolution passed by the State Fund Board of Directors opposing the sale of State Fund Assets: Whereas the Board of Directors received a full and complete briefing

Calif. WCAB Commissioner Caplane Scheduled to Speak at Orange County Bar Assoc., Workers' Comp Section Meeting

LexisNexis Workers' Compensation Law Center Staff — Tue, 21 Jul 2009 21:35:29 GMT

ORANGE COUNTY, CA - Commissioner Ronnie Caplane of the Calif. Workers' Compensation Appeals Board is scheduled to speak at the August 3, 2009 meeting of the Orange County Bar Association, Workers' Compensation Section, on the topic of "Making the Record for Reconsideration and Petitions for Re

NCOIL Opposes Federal Workers’ Comp Commission, Supports Independence of State Systems

LexisNexis Workers' Compensation Law Center Staff — Tue, 21 Jul 2009 21:05:52 GMT

TROY, NY- On July 12 in Philadelphia, the National Conference of Insurance Legislators (NCOIL) supported continued independence from the feds in workers’ compensation insurance matters by unanimously adopting a Resolution Opposing the Creation of a Federal Commission to Exami

Calif. Final Budget Deal Includes Plan to Sell Portion of State Compensation Insurance Fund

LexisNexis Workers' Compensation Law Center Staff — Tue, 21 Jul 2009 11:31:10 GMT

SACRAMENTO, CA - Workers' Comp Executive says it has confirmed that the final budget deal for California includes the plan to sell a portion of the State Compensation Insurance Fund's book of business.

Oregon Workers' Comp Division Forms Committee to Study Issues Relating to AMA Guides 6th Edition

LexisNexis Workers' Compensation Law Center Staff — Tue, 21 Jul 2009 10:46:53 GMT

SALEM, OR - The Oregon Workers' Compensation Division gave a presentation of the AMA Guides 6th Edition project at the May 15th meeting of the Medical Advisory Committee. Read a summary of the committee notes

Study Finds Medical Costs Per Claim Dropped for Texas Workers’ Comp Claims Following Series of Reforms

LexisNexis Workers' Compensation Law Center Staff — Tue, 21 Jul 2009 09:46:36 GMT

CAMBRIDGE, MA - Medical costs per workers’ compensation claim in Texas declined dramatically over a relatively short period following a series of reforms, according to a new study by the Workers Compensation Research Institute (WCRI). However, Texas still had higher costs an

Oklahoma Lawmakers Request Study on Workers' Comp Reforms

LexisNexis Workers' Compensation Law Center Staff — Tue, 21 Jul 2009 02:19:31 GMT

OKLAHOMA CITY, OK - State Rep. Mark McCullough and others have requested a legislative study of workers' compensation reform proposals. Source: Insurance Journal

Minnesota Drug and Alcohol Testing in the Workplace Law Criticized for Defects, Traps for the Unwary Employer

LexisNexis Workers' Compensation Law Center Staff — Tue, 21 Jul 2009 00:47:04 GMT

MINNESOTA - The Star-Tribune has posted an article by employment law attorney V. John Ella of Jackson Lewis LLP in Minneapolis, concerning the defects in Minnesota's Drug and Alcohol Testing in the Workplace Act, including what appears to be an open-ended period of time in which an employee

Federal OSHA Investigating Death of Factory Worker Who Fell in Vat of Hot Chocolate

LexisNexis Workers' Compensation Law Center Staff — Tue, 21 Jul 2009 00:23:31 GMT

NEW YORK, NY - Police were called to a New Jersey chocolate processing plant on Wednesday, July 8, 2009, after temporary worker Vincent Smith II died after falling into a vat of hot chocolate. He was 29-years old. "It's incredible that such an unusual accident would occur again," said

Calif. Workers' Comp Defense Attorneys Association Posts Information About Ten Unusual Defenses and Pitfalls

LexisNexis Workers' Compensation Law Center Staff — Mon, 20 Jul 2009 17:49:50 GMT

CALIFORNIA - The California Workers' Compensation Defense Attorneys Association (CWCDAA) has posted information on "Ten Unusual Defenses and Pitfalls". The slides were presented by Hanna, Brophy, MacLean, McAleer & Jensen, LLP. View the slides here

Calif. Workers' Comp Defense Attorneys Association Posts June 2009 Case Law Update

LexisNexis Workers' Compensation Law Center Staff — Mon, 20 Jul 2009 17:42:17 GMT

CALIFORNIA - The California Workers' Compensation Defense Attorneys Association (CWCDAA) has posted a June 2009 case law update based on materials presented by Hon. Bertram Cohen and Michael G. McDonald, Esq., at the organization's June 2009 conference. The list , which is copyrighted by Judge Pame

Wisconsin Supreme Court Allows Wrongful Death Lawsuit Against State Employee to Proceed

LexisNexis Workers' Compensation Law Center Staff — Mon, 20 Jul 2009 10:54:21 GMT

MADISON, WI - The Wisconsin Supreme Court has held that a University of Wisconsin-Madison official can be held liable for negligently causing the death of a television cameraman who fell eight feet to his death when he was working on a platform without rails. Read the opinion here

New York State Insurance Dept. Approves Average Loss Cost Change of 4.5 Percent

LexisNexis Workers' Compensation Law Center Staff — Mon, 20 Jul 2009 10:05:02 GMT

NEW YORK, NY - The New York Compensation Insurance Rating Board says that the New York State Insurance Department has approved an overall average loss cost charge of 4.5%, effective on policies with rating anniversaries beginning October 1, 2009, and that the New York State Assessment will change f

New Jersey Division of Workers' Comp Issues Draft Rules on Stop-Work Orders

LexisNexis Workers' Compensation Law Center Staff — Mon, 20 Jul 2009 09:54:06 GMT

TRENTON, NJ - Peter J. Calderone, the Chief Judge and Director of the New Jersey Division of Workers' Compensation, has issued a pre-publication rule proposal for stop-work orders, this after Governor Jon S. Corzine signed into law amendments to N.J.S.A. 34:15-79. Read the memorandum here

Florida Court Say City of Orlando Liable for Firefighter's Heart Claim, But Not Hepatitis Claim

LexisNexis Workers' Compensation Law Center Staff — Sat, 18 Jul 2009 23:44:55 GMT

ORLANDO, FL -As reported in The Orlando Sentinel , a Florida appeals court has ruled that the City of Orlando, although not liable for a firefighter's hepatitis claim, was liable for further coverage for his heart problem because he'd been misled about its severity before he si

Texas Jury Awards $9.6 Million to Worker Injured in Industrial Accident

LexisNexis Workers' Compensation Law Center Staff — Sat, 18 Jul 2009 02:32:28 GMT

HOUSTON, TX - An industrial worker who suffered severe eye damage after he was doused in acid in an April 2006 workplace accident has been awarded $9.6 million by a Houston jury, according to Arnold & Itkin LLP, the Houston law firm that represents the worker. The jur

NCOIL to Defer Action on Employee Misclassification Model Act

LexisNexis Workers' Compensation Law Center Staff — Sat, 18 Jul 2009 02:25:50 GMT

PHILADELPHIA, PA - Recognizing a need for state legislative action in 2010, the National Conference of Insurance Legislators (NCOIL) on July 10 formed a subcommittee to move forward an Employee Misclassification Workers' Compensation Coverage Model Act . After serious discussion and debate, memb

Calif. State Compensation Insurance Fund to Hold Special Meeting 7/20/2009

LexisNexis Workers' Compensation Law Center Staff — Sat, 18 Jul 2009 02:04:01 GMT

SAN FRANCISCO, CA - Pursuant to Calif. Government Code sections 11123(b) and 11125.4(a)(9), the State Compensation Insurance Fund Board of Directors will hold a special meeting by teleconference. The meeting has been rescheduled for 7/20/2009. Access teleconference numbers Read the agenda

Ohio Bureau of Workers' Comp Selects Firm to Manage Pharmacy Benefits for Injured Workers

LexisNexis Workers' Compensation Law Center Staff — Sat, 18 Jul 2009 01:45:16 GMT

COLUMBUS, OH - Ohio Bureau of Workers’ Compensation Administrator Marsha Ryan announced the agency has selected a new pharmacy benefits manager (PBM) to fulfill the medication needs of Ohio ’s injured workers. SXC Health Solutions Corporation (SXC) has been granted a three-yea

Calif. Div. of Workers’ Comp Says Paper Backlog Reduced by 70 Percent for Electronic Adjudication Management System

LexisNexis Workers' Compensation Law Center Staff — Sat, 18 Jul 2009 01:22:45 GMT

OAKLAND, CA - The Division of Workers’ Compensation, which recently implemented a multi-phase plan to help its district offices process paper into the Electronic Adjudication Management System (EAMS), says it is already seeing results. Paper backlogs at DWC’s 24 district offices have

Another Commissioner at New York State Workers' Comp Board Resigns Effective 7/20/2009

LexisNexis Workers' Compensation Law Center Staff — Sat, 18 Jul 2009 01:08:22 GMT

ALBANY, NY - Commissioner Scott Firestone of the New York State Workers' Compensation Board announced his resignation, effective Monday, July 20, 2009, to become an administrative law judge at the Social Security Administration. Source: Inside Workers Comp NY

Illinois Supreme Court Orders Review of Class Certification in PPO Case

LexisNexis Workers' Compensation Law Center Staff — Fri, 17 Jul 2009 04:15:43 GMT

MOUNT VERNON, IL - The Madison Record reports that the Illinois Supreme Court has ordered appeals judges to review Madison County Circuit Judge Daniel Stack's certification of a LakinChapman class action against Travelers Casualty and surety, which class action claims that Travelers fai

Tennessee Medical Fee Schedule Helped Lower Medical Costs Per Claim, Says WRCI Study

LexisNexis Workers' Compensation Law Center Staff — Fri, 17 Jul 2009 03:40:48 GMT

CAMBRIDGE, MA - The introduction of a medical fee schedule for the workers’ compensation system in Tennessee following the 2004 reforms helped reduce medical costs per claim, according to a study by the Workers Compensation Research Institute (WCRI). The study, Monitoring the I

Calif. Court of Appeal Issues Decision on Remand in Sanghagen Utilization Review Case

LexisNexis Workers' Compensation Law Center Staff — Fri, 17 Jul 2009 00:16:43 GMT

SACRAMENTO, CA - On remand from the California Supreme Court , the California Court of Appeal, Third Appellate District, annulled the decision of the Workers' Compensation Appeals Board and held that the utilization review process is required for every medical treatment request, and only an e

Construction Group Earns $2.7 Million Texas Mutual Dividend

LexisNexis Workers' Compensation Law Center Staff — Thu, 16 Jul 2009 23:40:41 GMT

AUSTIN, TX - Texas Mutual Insurance Company, a leading provider of workers’ compensation insurance in Texas , announced a $2,693,734 dividend to the Texas Construction Association purchasing group. The dividend is based largely on the group’s favorable loss ratio. By com

Sources Say Plan to Sell Calif. State Compensation Insurance Fund Is Going Into the Budget

LexisNexis Workers' Compensation Law Center Staff — Thu, 16 Jul 2009 11:17:16 GMT

SACRAMENTO, CA - Workers' Comp Executive reports that highly placed sources have advised that the bill directing the Department of Finance to sell parts of State Compensation Insurance Fund is going into the budget., thereby allowing the legislature and governor to use the prospective $

Medical Payments Per Claim for Workers’ Comp in Louisiana Higher Than Typical, Says New WCRI Study

LexisNexis Workers' Compensation Law Center Staff — Thu, 16 Jul 2009 04:44:37 GMT

CAMBRIDGE, MA - Medical payments per workers’ compensation claim in Louisiana were higher than most study states, largely the result of higher utilization and higher prices paid for services that were delivered in the majority of claims—such as office visits, diagnostic tests, and

Negative Impacts of Growing Use of Narcotics in Treating Lower Back Pain Highlighted in Liberty Mutual Webinar

LexisNexis Workers' Compensation Law Center Staff — Thu, 16 Jul 2009 04:35:34 GMT

BOSTON, MA - A new Liberty Mutual webinar highlights how the growing use of powerful narcotics in treating work-related lower back pain results in longer recovery times and higher treatment costs for injured workers. The webinar reviews these impacts – along with the pros and cons of nar

Hawaii Lawmakers Override 34 of Governor's Vetoes, Including Card Check, Workers' Comp and Labor-Related Bills

LexisNexis Workers' Compensation Law Center Staff — Thu, 16 Jul 2009 04:23:55 GMT

HONOLULU, HI - The state legislature overrode 34 of Governor Lingle's vetoes. Those bills include several labor-related bils, including a workers' comp bill: HB 31 SD1 CD1 which creates a new restriction on employers that prevents them from being able to inquire into an individual’s

Kansas Dept. of Labor Survey Finds 18 Percent Increase in Workplace Fatalities in 2007

LexisNexis Workers' Compensation Law Center Staff — Thu, 16 Jul 2009 00:13:15 GMT

TOPEKA, KS - Workplace fatalities in Kansas grew to 101 in 2007, compared to 85 in 2006 according to the 2007 Census of Fatal Occupational Injuries conducted by the Kansas Department of Labor’s (KDOL) Labor Market Information Services. The number represents an 18.8 percent increa

Michigan Lawmakers Weigh Bills to Deter Insurance Industry From Bad Faith Denial of Claims

LexisNexis Workers' Compensation Law Center Staff — Wed, 15 Jul 2009 10:33:11 GMT

LANSING, MI - A 12-bill package (HB 4144 through HB 5151 and previously filed bills HB 4244, HB 4844 and HB 484) has been introduced into the Michigan House to target insurance companies who wrongfully deny claims for auto, health, and home insurance. The bills would impose heavy fines - as hi

Hawaii Governor Vetoes Card Check Bill, Workers' Comp and Other Labor-Related Bills

LexisNexis Workers' Compensation Law Center Staff — Wed, 15 Jul 2009 10:20:53 GMT

HONOLULU, HI - Governor Linda Lingle has vetoed five bills that would discourage the creation of more jobs in the state of Hawai‘i. The Governor issued the vetoes one day in advance of the constitutional veto deadline to highlight the need to ensure that Hawai‘i’s economic re

Analyst Says ACE, Zenith, Employers Holdings, and SeaBright Among Worst Affected by Recession, Market Challenges

LexisNexis Workers' Compensation Law Center Staff — Wed, 15 Jul 2009 05:15:57 GMT

CHICAGO, IL - Zacks Analyst Blog featured ACE, Zenith, Employer's Holding, and Seabright and the latest news and events impacting these companies. According to Zacks Analyst Blog, 7.2 million people have become jobless since the recession began in December 2007. Also, the number of job openings

Former Employee of Schenectady School District Wins Workers' Comp Ruling for Alleged Harrassment by Supervisor

LexisNexis Workers' Compensation Law Center Staff — Tue, 14 Jul 2009 21:41:31 GMT

SCHENECTADY, NY - The Daily Gazette reports that a former employee who complained of sexual and other harassment by Steven Raucci, his supervisor at the Schenectady City School District, has won a total of 15 weeks of workers' compensation. The workers' compensation judge found a causa

New York State Insurance Fund Says 2008 Anti-Fraud Campaign Resulted in $20.7 Million in Total Savings

LexisNexis Workers' Compensation Law Center Staff — Tue, 14 Jul 2009 21:29:08 GMT

NY - The New York State Insurance Fund has announced that its 2008 anti-fraud campaign has resulted in 148 arrests and $20.7 million in total savings. Read the report here

Arizona Repeals Law Relating to Workplace Injury Due to Drugs and Alcohol

LexisNexis Workers' Compensation Law Center Staff — Tue, 14 Jul 2009 11:02:14 GMT

PHOENIX, AZ - Governor Jan Brewer signed Senate Bill 1266, which makes it illegal for employers to withhold workers' compensation benefits for employees hurt on the job while under the influence of drugs or alcohol. The legislation repeals workers’ compensation legislation deemed un

Delaware Governor Signs Law to Regulate Health Insurance Premiums and Control Health Insurance Costs

LexisNexis Workers' Compensation Law Center Staff — Tue, 14 Jul 2009 10:36:50 GMT

DOVER, DE - Premiums insurance companies charge Delawareans for medical coverage will now receive the same scrutiny from state regulators as auto, homeowners and workers compensation policies. Senate Substitute 1 for Senate Bill 35, which Gov. Jack Markell recently signed into law this mont

Calif. State Compensation Insurance Fund Reports $1.66 Billion in Earned Premium in 2008

LexisNexis Workers' Compensation Law Center Staff — Tue, 14 Jul 2009 03:36:07 GMT

SAN FRANCISCO, CA - According to the State Compensation Insurance Fund's just-released 2008 annual report, the company earned $1.66 billion in earned premium, down from $2.27 billion in 2007. According to the State Fund, the 2008 annual report "tells the story of 2008 and how even through a ye

Nebraska Dept of Insurance Issues Solicitation for Proposal - Workers' Comp Insurance Assigned Risk Plan

LexisNexis Workers' Compensation Law Center Staff — Tue, 14 Jul 2009 04:26:50 GMT

LINCOLN, NE - The Nebraska Department of Insurance has issued a Solicitation for Proposal, SFP2009, for the purpose of selecting a qualified Contractor to provide coverage for Nebraska employers that are in good faith entitled to, but are unable to obtain, workers' compensation insurance throu

Iowa Insurance Commissioner Issues Statement on Second Injury Fund Assessment for 2009-2010

LexisNexis Workers' Compensation Law Center Staff — Tue, 14 Jul 2009 04:19:10 GMT

DES MOINES, IA - The Iowa Division of Workers' Compensation received the following notice from the Iowa Insurance Commissioner's Office: Sufficient funds are available to meet the liabilities of the Second Injury Fund. Therefore, no assessment will be imposed upon insurers and self-insu

New Jersey Governor Signs Legislation on Stop-Work Orders and Violations of Workers' Comp Requirements

LexisNexis Workers' Compensation Law Center Staff — Tue, 14 Jul 2009 04:15:42 GMT

TRENTON, NJ - Governor Jon S. Corzine has signed A3569/S2498 to allow the Director of the Division of Workers' Compensation to issue stop-work orders when an employer has knowingly to provide workers’ compensation coverage, knowingly misrepresented one or more employees as independent co

Study Indicates Adverse Work Conditions Could Lead to Reduction in Primary Care Workforce, Lower-Quality Patient Care

LexisNexis Workers' Compensation Law Center Staff — Tue, 14 Jul 2009 03:24:43 GMT

A recent study publishsed in the Annals of Internal Medicine says that more than one half of the physicians (53.1%) surveyed said they experienced time pressure during office visits, 48.1% said their work pace was chaotic, 78.4% noted low control over their work, and 26.5% reported burnout.&nbs

Audit of Elite Contractors Trust of New York Finds $62.2 Million Deficit

LexisNexis Workers' Compensation Law Center Staff — Mon, 13 Jul 2009 10:09:31 GMT

POUGHKEEPSIE, NY - The Poughkeepsie Journal reports that an independent audit of Elite Contractors Trust of New York, which used to be operated by Compensation Risk Managers (CRM), has found a $62.2-million deficit, 15 times higher than CRM had estimated before surrendering i

Nurse Fights Hospital Over Smallpox Vaccine Shot That Left Her Disabled

LexisNexis Workers' Compensation Law Center Staff — Sun, 12 Jul 2009 22:01:09 GMT

HAMILTON COUNTY, OH - The Mansfield News-Journal reports that a nurse who received a smallpox vaccine on the request of her employer in 2003 began suffering detrimental side effects a few weeks after being vaccinated. Her workers' compensation claim is still pending. Meanwhile, her lawsuit agains

West Virginia Sees Improvements With Private Workers' Compensation Market

LexisNexis Workers' Compensation Law Center Staff — Sun, 12 Jul 2009 21:50:25 GMT

FAIRMONT, WV - The Times West Virginian reports that, according to Insurance Commissioner Jane Cline, the state's workers' compensation system keeps progressing, this after the state privatized the workers' compensation market, but that a better management system is needed for the