Hip Surgery Still Compensable

• The Idaho Supreme Court rules that an injured worker can still be compensated, if Medicaid covers the claim.
• Injured worker, Nickole Thompson, suffered injuries to her back and buttocks and hip when she tripped over a stack of mats.
• Despite hip surgery, Thompson continued to suffer from pain and asked for a hip replacement. Medicaid picked up the tab.
• The employer then said that Thompson didn’t injure her hip at work and refused to pay her workers’ comp claim. The court ruled because the injury had been deemed work related, all benefits must be paid.
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The Perils of Independent Contractors

• The Department of Labor’s new Independent Contractor Rule is getting employers to pay closer attention classifications.
• DOL makes it harder for employers to classify workers as independent contractors, which is expected to increase costs for employers. Legal challenges are underway.
• DOL’s focus is on totality of circumstances test to determine the proper classification.
• The increased costs to employers could include workers’ compensation coverage for workers now deemed employees.
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CO Justices Struggle with Injured Workers

• Colorado State Supreme Court Justices are grappling with a case that asks whether an injured worker can be barred from pursuing auto insurance claims, if they’re already covered by workers’ compensation.
• A previous court decision may have answered that question, but clarity is required by the state’s highest court.
• The plaintiff says he was injured in an automobile accident at work by an underinsured driver. He filed suit against his employer’s insurance company when it failed to provide enough to cover his injuries.
• The insurance company says workers’ comp is the only remedy.
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CO Governor Signs Workers’ Comp Bill

• Colorado governor, Jared Polis, signed a bill that protects workers from traumatic injuries.
• SB 20-026, the Workers Compensation for Audible Psychological bill, will specifically provide benefits to workers exposed to violent events, either visually or audibly.
• The new law has fire fighters and first responders in mind.
• The “audible trauma,” aspect will also cover 911 operators who take particularly upsetting calls for assistance.
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