Several workers comp cases working way through courts

• The NCCI released this year’s retrospective Court Case Update, which provides information on relevant workers’ compensation decisions that impacted the system.
• Marijuana legalization has been a hot topic at the state and federal levels, and in 2022, the courts reviewed these issues in workers’ comp and the workplace, with varying outcomes.
• The courts have continued to review cases addressing whether state workers’ comp laws limiting air ambulance billing rates are preempted by the federal Airline Deregulation Act of 1978.
• Many cases have dealt with determinations of whether COVID-19 is work-related and therefore compensable.

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Nebraska wants to expand workers comp coverage

• The Nebraska lawmakers have a bill that would compensate first responders, state employees, and others who suffer from mental injury and mental illness due to workplace violence.
• The measure would amend a section of the Nebraska Workers’ Compensation Act to make it easier for these individuals to claim compensation for their trauma-related injuries.
• These ailments include post-traumatic stress, substance use disorders, and even suicide.
• First responders must establish that their employment conditions caused the mental injury or illness and that the injury is not a result of typical employer and employee relations to get compensation.

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North Dakota governor signs workers comp law

• North Dakota Gov. Doug Burgum signed a bill that removed the five years of employment clause and added a provision for police officers and firefighters.
• The law would allow these workers to collect workers’ compensation if they have a heart attack or stroke within 48 hours of a stressful event while on the job.
• The bill is retroactive to claims filed in October 2021 and after.
• “The signing of this bill is historic,” said Art Thompson, director of North Dakota Workforce Safety and Insurance.

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