Flash: Bureau: 2021 Workers’ Comp Rate Increase
It’s ugly. The California workers’ comp bureau approved its plans for a 2021 workers’ comp rate filing and the outcome is significantly different from what the employer and labor representatives recommended. Some say unfair. What will be the final impact on rates? Get the details here. Workers’ Comp Executive
Man injured lifting scale settles workers’ comp suit for $3.22M
A hotel maintenance supervisor who became paraplegic after he lifted a laundry scale while at work has confidentially settled a workers’ compensation lawsuit against his employer’s insurance carrier for $3.22 million, the man’s attorneys report. South Carolina Lawyers Weekly
South Carolina employers fired while quarantined for coronavirus sue
South Carolina workers have begun filing lawsuits alleging they were fired after staying at home on the advice of employers or doctors while awaiting COVID-19 test results. Post and Courier [may require registration]
California: Atwater man charged with falsely claiming stab wounds were work-related
A 23-year-old Atwater, California construction worker who claimed that stab wounds suffered in a fight he started were work-related faces an insurance fraud charge, according to the California Department of Insurance, which reports the Merced County District Attorney’s Office is prosecuting the case. The man allegedly filed a workers’ compensation claim with his employer and allegedly provided false statements about the incident. Merced Sun Star [with audio]
Reality show contestant suffered permanent psychological injury
A former contestant on an Australian reality TV show who suffered a permanent psychological injury after being portrayed as a “villain” claims she is terrified of leaving the house and struggles even with basic activities like watching Netflix. News Pocket
Navigating workers’ compensation and damage claims based on COVID-19
The COVID-19 pandemic has resulted in employment cases alleging, among other things, wrongful discharge, disability discrimination, and unhealthful working conditions. Legal actions for compensation or damages for COVID-19 due to workplace exposures are increasingly common and the source of contention and legislation at the state and federal levels, writes Mark A. Rothstein, Herbert F. Boehl Chair of Law and Medicine and Director of the Institute for Bioethics, Health Policy and Law at the University of Louisville School of Medicine. The Hill
North Dakota legislator seeks to stop allocation to WSI for volunteer first responders
North Dakota state Rep. Larry Klemin, R-Bismarck, in August sought to deny the allocation of $83,000 to Workforce Safety and Insurance to cover COVID-related workers’ compensation claims for certain volunteer first-responders, on grounds the state legislature has in the past rejected expanding workers’ comp coverage to those volunteers. Bismarck Tribune
Widower charged with collecting death benefits after remarrying
The widower of a Philadelphia police officer, who died from a heart attack while on duty in 1987, is accused of fraudulently collecting death benefits for years from the Pennsylvania Department of Labor and Industry, despite getting remarried. NBC Philadelphia
New York student wins ruling on posthumous workers’ comp
A Spackenkill, New York high school student is closer to receiving workers’ compensation benefits related to his his father’s death as a result of a recent ruling by a state appeals court. His attorney may now request the case be brought back before a Workers’ Compensation Board law judge, who could potentially direct the board to make the roughly $19,000 in payments. Poughkeepsie Journal
KEMI gives big executive bonuses, ends salary transparency
Kentucky Employers’ Mutual Insurance has unanimously decided to award “incentive payouts” of about $30,000 to $51,000 to several top executives while also voting to remove executive salary information from the state’s transparency website. Lexington-based KEMI is Kentucky’s largest issuer of workers’ compensation insurance. An audit last year criticized KEMI’s spending, including no-bid contracts; business funds used for expensive meals, liquor, gifts and entertainment for the benefit of top executives. Lexington Herald-Leader
Florida school athletic director’s COVID-19 workers’ comp claim denied
In a case that underscores the potential challenges teachers may face if they get COVID-19 this year, the Leon County, Florida school system has denied a high school athletic director’s COVID-19-related workers’ compensation claim on grounds he cannot prove he caught the virus while working. Tallahassee Democrat
‘Going-and-coming’ rule bars workers’ comp death benefits
The Rhode Island Workers’ Compensation Court Appellate Division has vacated a trial judge’s award of benefits to an employee’s widow on grounds the death of the employee, who worked as a driver for a rental car company, did not arise out of and in the course of his employment. The employee died after he was struck by a car while crossing the street to get from his workplace to the area where his personal vehicle was parked, but the court relied on an exception to the “going-and-coming” rule. New England In-House
Ohio BWC proposes $1.5B workers’ comp dividend to help employers
The Ohio Bureau of Workers’ Compensation has proposed a $1.5 billion dividend that could start reaching employers covered by the bureau by the end of October. The bureau has credited falling claims because of improved worker safety along with strong investment returns for its ability to give money back to employers over the past several years. If approved, it would be the second dividend the bureau has given out this year. Columbus Dispatch