February 2013: Workers’ Comp Advisory

Twelve dos and don’ts of preparing for a premium audit
Clerical errors, incorrect classifications, and miscalculations in the premium audit often lead to overcharges. Employers can protect themselves by being properly prepared… Read More.

Co-morbidities: cracking a hard nut
Unhealthy employees drive up costs in Workers’ Comp, health insurance, absenteeism and lower productivity. Yet, they are often the hardest to reach through wellness initiatives. Understanding and addressing the barriers they face is key… Read More.

Medical marijuana and Workers’ Compensation
While on a federal level it is illegal to be in possession of marijuana under any circumstances, 18 states and the District of Columbia have made it legal to use marijuana for medical purposes. This conflict between state and federal laws raises a host of issues that directly affect the Workers’ Compensation industry… Read More.

HR Tip: What is Blake Mouton’s Managerial Grid?
An excellent tool to evaluate leadership style for change and improvement… Read More.

OSHA Watch

  • OSHA agenda outlines final rules, NPRMs expected in 2013
  • Over 1,260 Workplace Inspections planned under SST
  • Case study focuses on construction falls
  • New clinicians webpage provides resource for healthcare professionals
  • Recent fines and awards
  • Read More.

Legal Corner
ADA

  • ADAAA does not apply retroactively

FMLA

  • DOL issues guidance on “caring for an adult child”
  • FedEx not liable under FMLA for terminating employee who filed false reports

Workers’ Compensation

  • Worker’s gastric bypass surgery not compensable – Iowa
  • Illegal immigrant entitled to Workers’ Compensation – Nebraska
  • Serious injuries caused by employee’s attempt “to ride” escalator rail at annual sales meeting found compensable – North Carolina
  • Workers’ Comp benefits allowed for victim of hostage situation – Ohio
  • Utilization Review (UR) results in denial of heavy pain medications – Pennsylvania
  • Truck driver granted “physical/mental” claim as a result of suicidal third party’s erratic driving – Pennsylvania
  • Employers’ subrogation rights do not include future medical benefits – Tennessee
  • Read More.

Things you should know

  • Carpal tunnel: a potent cost driver
  • Narcotic pain drugs tops list of insurers concerns
  • Pay is top issue in attracting employees
  • Employer’s termination of non-union employees for Facebook posts violated NLRA
  • Massachusetts FACE Project issues brochures on fall prevention in residential construction
  • Read More.

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