California: The Workers Compensation Insurance Rating Bureau is calling for a 29.6% rate increase to take effect in January 2011. A hearing will be held at the end of September. The insurance commissioner rejected the last request for an increase. The bureau’s recommendations are advisory only. The bureau noted that even with the proposed increase, rates would still be 53% lower than those in effect on July 1, 2003, the year reforms were adopted that have stabilized the system. … [Read more...] about Workers Comp Turns 100
Atlanta workers comp attorneys
In Dowson v. Lodi, 200 N.J. Super. 116 (Super. Ct. 1985), a volunteer firefighter was injured playing on the department’s softball team. He was denied Workers’ Comp benefits because his participation was not a mandatory condition of his employment. Playing on the company ball team is outside the realm of normal work duties even though the participation arises from the workplace. Generally, unless attendance is mandatory, an injury suffered while engaging in company-sponsored events or recreational activities does not give rise to coverage under Workers’ Comp. … [Read more...] about Workers’ Comp and Company Events—Are You Covered?
The supreme court said it has the exclusive authority to govern law practice under the state constitution, and that includes the regulation of attorney fees. The separation of powers doctrine bars the legislature from giving that power to the labor commission, the court concluded. … [Read more...] about Utah Supreme Court strikes down attorney fee schedule in workers’ comp cases
When an injury occurs on the job, you are usually covered under the workers’ compensation insurance policy paid for by your employer. You are also typically required to visit a physician selected by the insurance company to assess your condition and get treatment. But what if you don’t agree with the doctor’s assessment or treatment plan? Can you go somewhere else for a second opinion? In New Jersey, the answer is almost always “No.” You can request it, but are not “entitled” to get it. The insurance company has the right to decide whether or not a second opinion is warranted. … [Read more...] about Think You Are Entitled to a Second Opinion Under New Jersey Workers’ Comp? Think Again.
Smokers are also drastically more likely to be injured at work, and smoking while on the job can lead to specific accidents in the workplace that are compensable. In fact, courts have ruled that, if smoking is only a slight deviation from job duties, an accident that occurs while a worker is on a smoke break is compensable. In at least two states, employers are also now required to pay for smoking cessation programs if doctors deem it necessary to help with recovery from surgery. … [Read more...] about New in Workers Comp: “Lifestyle Risk” and the Dangers of Telecommuting