Line of Duty Advances

• A Connecticut bill would expand the reach of workers’ comp benefits for first responders.
• Specifically, the bill would allow benefits to be awarded to family members of police officers and firefighters who die within 24 hours after a shift, from conditions such as a heart attack or stroke.
• HB 5279 would allow police or fire chiefs to declare the death within 24 hours as sustained within the line of duty.
• According to the U.S fire administration, there have been 21 line of duty deaths this year. A non profit tracking police officer deaths, counts 38 deaths so far this year.
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MA Looks to Improve Work Comp System

• The Massachusetts legislature is working to improve its workers comp system to get workers more benefits.
• SB 1165 would allow injured workers to pursue legal action through the attorney general’s office for employer misconduct.
• Attorneys and other parties have criticized the Massachusetts system of being very hostile to workers because employers frequently, and illegally, prevent workers from filing claims.
• Many times workers are forced to hire attorneys to collect damages.
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Colorado Votes to Increase Benefits

• The Colorado House of Representatives has passed a bill that will increase benefits for injured workers.
• If it gets signed into law, HB 1220 will allow an injured worker to refuse a modified work arrangement, if driving to and from work violates a physician’s order not to drive. The bill also allows an injured worker to receive whole person impairment benefits for the loss of an ear.
• Furthermore, it removes the limit on impairment benefits and replaces it with just one limit to be adjusted annually by the Division of Workers’ Compensation.
• Finally, it requires an insurer to provide monetary benefits via direct deposit, if the worker requests it. Colorado businesses had expressed concerns that the bill might increase premiums.
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Workers Comp Is Still the Exclusive Remedy

• An Oregon Appellate Court rules that a deceased worker’s representative, on behalf of family members, cannot sue outside the workers’ comp system.
• Employee Patricia Stout suffered a fatal work injury in 2019. Erika Pierce, the representative of Stout’s estate, sued the defendant for negligence, citing that Stout’s adult children suffered greatly after her death.
• The employer reminded the lower court that workers’ comp is the exclusive remedy in this circumstance, despite the tragic circumstances. Pierce asserted that the law is unconstitutional.
• The appellate court agreed with the employer reminding the plaintiff that the parties had agreed adult children were not beneficiaries of workers’ comp benefits, despite the loss of their mother’s companionship. Therefore, workers comp remains the exclusive remedy.
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Injured Worker Hit His Head at Work

• A Colorado Appellate Court has ruled that a town worker clearly established that he sustained a head injury at work.
• The injured worker, Ken Berends, was repairing a chain on street sweeper when he struck is his right temple while standing up. He did not immediately report the accident.
• He developed numerous symptoms consistent with a head injury, and a CT Scan revealed a large fluid build up. He filed a workers’ comp claim. The employer denied it saying that the injuries were likely sustained at home and challenged use of doctors, among other things.
• The appellate court agreed with the administrative law judge that, despite being told of the claim, the employer did not appoint a doctor. So the selection passed to Berends. The appellate court ruled that treatment prescribed by Berends doctor must be paid for.
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