April 2012: Workers’ Comp Advisory

Employers’ Workers’ Comp top concerns in 2012 and their surprising ignorance
While a recent survey reveals that employers’ top Workers’ Comp concern was cost containment, it was surprising how little they knew about a key cost control… Read More.

Five costly, unnecessary mistakes employers make when an injury occurs
The hours and days immediately following an injury can set the course for the outcome of the claim, yet many claims are derailed because of five mistakes… Read More.

Putting your employees in the best position to keep Workers’ Comp costs down 
Recovery from repetitive stress injuries incurred in the workplace can be a lengthy and costly process; proper ergonomics can help… Read More.

OSHA Watch

    • OSHA issues final rule on hazcom
    • OSHA memo warns of discriminating injury-reporting policies
    • Local emphasis program to protect workers on Wisconsin dairy farms from common hazards
    • OSHA’s whistleblower program now reports directly to Michaels
    • New acetylene standard in effect
    • Recent fines and awards
    • Read More.

Legal Corner


  • Employee who could not work overtime was not disabled under ADA
  • Requirement of reporting prescription drug use not an ADA violation if job-related and consistent with business necessity

Workers’ Compensation

  • Termination for misconduct does not result in elimination of temporary disability benefits – Arkansas
  • Worker’s medical history warrants expense of out-of-state surgeon – California
  • Company’s failure to have spotter for excavator is serious and willful misconduct and results in increased benefits – California
  • Claimant’s ex-wife entitled to part of Medicare set-aside (MSA) – Illinois
  • Officer strikes out in attempt to receive benefits for injuries from softball game – New York
  • Pre-existing conditions are compensable if the condition was made symptomatic by work – Pennsylvania
  • Supreme Court decision – disability year determines Longshore benefit amount
  • Read More.

Things you should know

  • Federal Court upholds NLRB poster requirement but strikes down penalties
  • Don’t run afoul of GINA with new FMLA forms
  • Methylene chloride-related deaths prompt warning
  • Carpal tunnel common among Latino poultry-processing workers: study
  • Working overtime may increase depression: report
  • Record $8.9 million settlement in California
  • Read More.