Debate rages over firefighters, first responders benefits

• Legislation regarding workers’ compensation presumptions for firefighters and other first responders continues to be a topic debated in state legislatures, the NCCI said.
• These presumptions have the potential to impact the number of compensable claims and the ultimate cost of those claims.
• Many firefighters work for self-insured municipalities that are not required to report data to NCCI, so only a portion of firefighter claim history is readily available
• Published studies on the link between firefighting and certain diseases draw varying conclusions.
  Read more

Nebraska Supreme Court rules on workers’ comp case

• The Nebraska Supreme Court addressed the exclusivity provisions of the state’s Workers’ Compensation Act in the context of a civil claim brought in district court.
• The court held that a district court lacked jurisdiction over an injured employee’s Nebraska Fair Employment Practice Act.
• That decision stemmed from the employee’s claimed discrimination under the NFEPA was a claim “arising from” a knee injury in the course of her employment.
• Thus, the exclusivity provisions of the Nebraska Workers’ Compensation Act provided the sole remedy to the injured employee.
  Read more

Council retains workers comp insurer

• Luzerne County Council in Pennsylvania unanimously voted to retain the same company to oversee workers’ compensation claims instead of switching vendors.
• Excalibur Insurance Management Services has handled the work as a third-party administrator for many years.
• The administration had proposed a new contract with Inservco Insurance Services Inc., saying the change could reduce costs and provide online access to claims management.
• The cost was $48,000 for Excalibur and an estimated $43,023 for Inservco but council members had expressed concerns about Inservco’s payment.
  Read more

States want more heat protection

• Attorneys general from six states led by New York’s  Letitia James petitioned OSHA to take decsive action to implement national heat standards for indoor and outdoor workers.
• OSHA in October issued an advance notice of proposed rulemaking to start accepting comments from stakeholders about the pending rules.
• The notice followed President Joe Biden’s announcement that the federal workplace safety regulator would be implementing new heat standards for workers throughout the country.
• OSHA acknowledges that its existing efforts in addressing occupational heat exposure have proven inadequate for protecting workers.
  Read more