June 2013: Workers’ Comp Advisory

Industry trends help guide the management of Workers’ Compensation

While many of the macro influences on Workers’ Compensation are beyond the control of the individual employer, it’s important to understand them to help gain a competitive advantage… Read More.

How to minimize the business risk of employer-sponsored sports teams

Sponsoring an employee sports team or event can be a great way to promote camaraderie, team building, and exercise. Yet, there are potential liabilities… Read More.

IRS proposed rules on wellness programs and Affordable Care Act disappoints employers

The decision process for employers of how to implement the provisions of the Patient Protection and Affordable Care Act got a little more complicated by a recent ruling from the IRS. This article includes a helpful “cheat sheet” for employers… Read More.

HR Tip: Make sure volunteer workers carry Workers’ Compensation

A recent California case has important implications for employers… Read More.

OSHA Watch

  • Initiative focuses on identifying employers who are not properly training temporary workers
  • Two new NEPs on horizon
  • Union officials can now accompany OSHA inspectors at non-union worksites
  • Federal crane standard does not preempt New York City regulations
  • New Web page explains health risks from occupational exposure to chromium
  • New publications: Ladder Safety, Maritime Safety, Spanish versions of Emergency Preparedness and Industry Digest
  • Recent fines and awards
  • Read More.

Legal Corner
ADA

  • Rarely performed job deemed essential based on job description
  • Lifting accommodation found unreasonable
  • Epilepsy case relates to essential functions of the job
  • EEOC issues guidance addressing cancer, diabetes, epilepsy and learning disabilities
  • Absences due to migraine headaches mean employee cannot perform essential functions of the job

Workers’ Compensation

  • Scar on neck qualifies for facial/head disfigurement award – Arizona
  • Court of appeals reverses WCAB on personnel action compensation case – California
  • Injuries sustained in idiopathic fall found compensable – Iowa
  • Firefighter need not rely on special occupational disease presumption to establish cancer claim – Nevada
  • Appellate court says mother of slain EMT is entitled to death benefits – New York
  • Appellate court upholds multi-million dollar award for injured construction worker – New York
  • Appellate court blocks Workers’ Comp settlement as unfair – North Carolina
  • Workers’ Compensation disclaimer bars injured security guard from suing third party – Pennsylvania
  • Psychiatric drugs not compensable medication – West Virginia
  • Read More.

Things you should know

  • Cancer and back disorders top Unum’s long-term disability claims
  • DOL issues Model COBRA Election and Exchange Notices
  • D.C. Circuit Court of Appeals overturns NLRB poster requirement
  • NIOSH issues recommended exposure limit for carbon nanomaterials
  • NIOSH: Protect firefighters from noise-induced hearing loss
  • Tennessee and Oklahoma adopt sweeping changes to Workers’ Compensation statutes
  • Read More.

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