Federal Workers Could See WC Treatment Sooner

The Congressional Budget Office has submitted its assessment of S. 131, Improving Access to Workers’ Compensation for Injured Federal Workers Act.
The legislation would allow nurse practitioners and physician assistants to diagnose, treat, and certify injuries for workers’ compensation under the Federal Employees’ Compensation Act.
CBO said it expects that nonphysician providers would be compensated at the same rate as physicians and that total benefits provided to injured federal workers would not change significantly.
“Under the bill, some people may receive treatment more quickly than they otherwise would, which could increase costs over the 10-year period because some payments to medical providers that would have occurred in 2035 under current law could be paid in 2034.
However, the analysis suggested that if injured workers receive faster treatment, some may return to work more quickly, which could reduce costs.
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Audrey Kernan’s removal from her job as a New Jersey Workers’ Compensation Judge was upheld by a state appeals court after she argued that the procedures used by the governor to remove her were unconstitutional and that her removal violated her due process rights.
She was removed from her position by Gov. Philip Murphy in July 2022 following an investigation into allegations of discrimination and harassment.
The New Jersey Superior Court, Appellate Division, found that while workers’ compensation judges are entitled to a different level of protection than superior and municipal court judges, workers’ compensation judges “are purposely excluded from disciplinary control by the Supreme Court.”
“This omission is a clear recognition by the Legislature that such judges are regarded as employees of the executive department and subject to existing procedures for suspension and removal,” the ruling stated.
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Self-insured coal mine operators will be required to post security equal to 100% — down from 120% — of their Black Lung benefit liabilities, according to a Labor Department rule finalized this week.
The Office of Worker’s Compensation Programs (OWCP) said the move will protect the Black Lung Disability Trust Fund against assuming the liabilities of bankrupt coal mine operators.
The rule provides an option for operators to phase in their increased security requirement.
Also, operators currently securing liabilities with 501(c)(21) trusts will be allowed to continue to do so, with improved monitoring. However, they are prevented from establishing new trusts after the rule’s publication.
“This final rule will give greater transparency and clarity for mine operators about the procedures and standards for obtaining self-insurance authorization,” said OWCP Director Christopher Godfrey. “This will ensure that mine operators, not taxpayers, bear responsibility for benefit payments under the Black Lung Benefits Act, as Congress intended.”
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NCCI said this week that its latest Labor Market Insights report shows that despite a slowdown in employment growth, wage growth has remained stable and continues to support solid payroll growth for workers compensation.
Employment and wage growth in higher premium industries — like construction, leisure and hospitality services, and health care — implies a more-favorable outlook for growth in WC payroll than the headline numbers suggest.
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