COVID still dominates workers comp landscape

Legislators mull workers comp conundrums

  • Legislators around the country continued to debate COVID-19 worker’s compensation-related topics during the first half of the year, according to the National Council on Compensation Insurance.
  • Several states addressed whether to extend or sunset COVID-19 workers’ compensation presumptions, while some states considered proposals focused on COVID-19 vaccinations and workers comp.
  • While COVID-19 legislation remains top of mind, legislative activity on other workers comp topics included workplace-related mental injuries, marijuana legalization and reimbursement.
  • Medical cost containment was the top theme of the regulations adopted, including medical fee schedules and treatment guidelines, while several of the other adopted regulations addressed claims reporting requirements, surcharges, and assessments.

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Licensed cannabis businesses with workers’ comp get a boost

  • New York State has begun accepting applications for the first adult-use cannabis retail dispensary licenses.
  • The license, called the Conditional Adult-Use Retail Dispensary license, is a key pillar of the New York State Seeding Opportunity Initiative.
  • Through the Initiative, New York’s first legal adult-use retail dispensaries will be operated by those most impacted by the enforcement of the prohibition of cannabis.
  • First sales will be made with products grown by New York farmers.

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Janssen Pharmaceuticals/Johnson & Johnson agrees to pay fine

  • New Hampshire Attorney General John M. Formella reached a settlement with Janssen Pharmaceuticals/Johnson & Johnson to settle the state’s opioid claims against the company.
  • The company has agreed to pay $40.5 million, of which $31.5 million will be used for opioid abatement purposes.
  • In 2018, the AG alleged that Johnson & Johnson aggressively marketed their opioids to prescribers and patients in New Hampshire and misrepresented that their opioids were safer than other alternatives.
  • It was further alleged that they disseminated misleading statements about opioids, that they promoted the false concept of pseudoaddiction, and that they misrepresented that their opioids were rarely addictive when used for chronic pain.

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Car wash employees were injured when hit by co-worker

  • Three car wash employees sustained serious injuries when they were struck by a co-worker at Englewood Car Wash in Englewood, N.J.
  • According to police, the worker was driving a customer’s car out of the tunnel and pulling into the drying area of the business, which is located on East Sheffield Avenue.
  • One of the employees sustained an elbow injury that necessitated surgery. A second worker had a skull fracture that caused a brain bleed. The third endured a broken arm as well as numerous contusions, and abrasions.
  • The driver of the vehicle was unharmed during the incident.

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