Workers’ Compensation

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New CMS Re-Review Option for WC MSAs Very Limited

By |2017-07-17T23:41:03+00:00July 17th, 2017|Categories: Workers' Compensation|

The Centers for Medicare and Medicaid Services (CMS) released a new re-review option in the updated WCMSA User Manual on July 10, 2017. The new option is very limited. See Section 12.4 and 12.4.3  beginning on page 12-12 and continuing for the following 22 pages ending on page 12-34.https://www.cob.cms.hhs.gov/WCMSA/assets/wcmsa/userManual/WCMSAUserManual.pdf Limitations of New (Amended) Re-Review Option A [...]

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President Trump Signs Resolution to Disallow OSHA Penalty Regulations

By |2017-04-04T16:44:04+00:00April 4th, 2017|Categories: Workers' Compensation|Tags: , |

On April 3rd President Trump signed HJ Res 83 disallowing OSHA regulations that were contrary to statute and expanded the period during which employers would be at risk of penalties for OSHA reporting errors. See announcement at https://www.whitehouse.gov/the-press-office/2017/04/03/president-donald-j-trump-signs-hjres-69-hjres-83-hr-1228-sjres-34-law The rule that is being disallowed had the effect of extending to five years the statute of limitations on [...]

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US DOL Requests OMB Authority to Expand Surveys to Search for Occupational Injury and Illness Underreporting

By |2017-03-10T17:06:34+00:00March 10th, 2017|Categories: Workers' Compensation|Tags: , , , |

On March 7th The Department of Labor (DOL) submitted the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) revision titled, ‘‘Survey of Occupational Injuries and Illnesses,’’ to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995. Public comments on the [...]

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US DOL Releases New Comprehensive Black Lung Regulations

By |2017-01-05T19:29:31+00:00January 5th, 2017|Categories: Workers' Compensation|

On January 4, 2017, as part of the wave of federal regulations filed late in the administration, the US DOL Office of Workers Compensation Programs released substantive rules for comment with respect to the payment of Black Lung medical benefits. The regulations generally set a new national method of determining approved medical reimbursement amounts. The changes in [...]

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US DOL Proposed Rule Would Result in Increased Longshore Maximum Benefits

By |2016-10-19T16:21:50+00:00October 19th, 2016|Categories: Workers' Compensation|Tags: |

Comments due by October 26 The US Department of Labor on August 26, 2016 filed proposed rules for comment on the definition of minimum and maximum compensation rate annual adjustments. See https://www.gpo.gov/fdsys/pkg/FR-2016-08-26/pdf/2016-20467.pdf The main issue in contention is that the US DOL Office of Workers’ Compensation Programs is proposing to employ the average weekly wage of [...]

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US DOL Report on State Workers’ Compensation Supports New Federal Involvement

By |2016-10-12T02:51:24+00:00October 12th, 2016|Categories: Workers' Compensation|Tags: , |

The US Department of Labor on October 5th released a report entitled “Does the Workers’ Compensation System Fulfill Its Obligations to Injured Workers?”. The release of the report was accompanied by statements from the Secretary of Labor, the Commissioner of the Social Security Administration, and the US DOL Assistant Secretary for OSHA. The report may be [...]

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Congress Enacts Enhanced Veterans Administration Authority Impacting Workers Compensation/Insurance

By |2016-09-29T17:08:15+00:00September 29th, 2016|Categories: Workers' Compensation, Workers' Compensation Archive|Tags: , , |

On September 28, 2016, The US Senate passed a continuing resolution (CR) to provide appropriation authority so that the federal government could pay its bills after September 30th. The President is expected to sign the CR. The legislation includes a number of permanent provisions including a provision that prohibits the Veterans Administration from paying for medical [...]

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US DOL Briefing to Review State Workers’ Compensation: Recommend Federal Oversight

By |2016-09-26T18:01:41+00:00September 26th, 2016|Categories: Workers' Compensation|

On October 5th the US Department of Labor in coordination with the National Academy of Social Insurance will release two reports reviewing state workers’ compensation. The Department of Labor’s State Workers’ Compensation Report, which addresses recent trends in state workers’ compensation systems and the effect of these trends on workers, employers, and communities; and The National [...]

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Florida Supreme Court Decision Removing Attorney Fee Limitation Projected to Increase Workers’ Comp Rates by at Least 15%

By |2016-08-19T14:54:15+00:00August 19th, 2016|Categories: Workers' Compensation|

The impact of the Florida Supreme Court decision in the Castellanos case http://www.floridasupremecourt.org/decisions/2016/sc13-2082.pdf  finding the statutory limitation on attorney fees to be unconstitutional prompted the NCCI rate fling with an increase of 15% associated with the decision. Most of the overall rate filing increase of 19.6% that would be effective for new and renewal business October [...]

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Public Hearing August 16th on 15% Florida WC Rate Increase due to Florida Supreme Court case (Castellanos) Finding Limits on Attorney Fees Unconstitutional

By |2016-08-03T14:32:29+00:00July 25th, 2016|Categories: Workers' Compensation|

The debate over “reasonable” attorney fees in workers’ compensation cases continues in Florida and will likely reverberate across the country as states review their laws  in light of the recent Florida Supreme Court case in Castellanos v. Next Door Company. See http://www.floridasupremecourt.org/decisions/2016/sc13-2082.pdf In the Castellanos case the majority opinion concluded that The right of an injured [...]

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