Important court decisions for workers’ comp

• The National Council on Compensation Insurance published the 10 most significant workers’ comp appellate decisions since 1923.
• One of the main issues was the “Odd-Lot Principle” where an injured employee can perform no services other than those so limited in quality, dependability, or quantity that a reasonably stable market for them does not exist, may well be classified as totally disabled.
• The West Virginia Supreme Court ruled state’s statute permitting damage suits against an employer if the injury or death of such employee results from the deliberate intent of the employer to produce such injury or death also permitted such suit for “wilful, wanton, and reckless misconduct.”
• In Re/Max of New Jersey, Inc. v. Wausau Insurance Cos., the New Jersey Supreme Court held that real estate agents should be treated as employees and not as independent contractors for computing workers’ compensation insurance premiums.
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Workers’ comp premium increasing in Washington

• The Washington State Department of Labor & Industries announced a 4.9 percent increase in the average workers’ compensation premium rate for 2024.
• The increase, which takes effect Jan. 1, 2024, means employers and workers will jointly pay, on average, an additional $65 a year in workers’ compensation insurance premiums for each full-time employee.
• Employers and workers pay into the workers’ compensation system to help cover the cost of providing wage and disability benefits for injured workers, as well as medical treatment of workplace injuries and illnesses.
• Every fall, L&I determines the proposed workers’ compensation rates for the following year by looking closely at several factors, including the expected workers’ compensation payouts.
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Longshoremen want workers’ comp law to remain intact

• Longshore and shipyard union members are trying to convince Congress to leave the 1972 Longshoremen’s and Harbor Workers’ Compensation Act to stay the same.
• Workmen’s comp claims rose after the act was revised in 1972 to permit workers and their unions to choose the doctors who would determine whether or not they were disabled and the degree of injury.
• Enough cases of outright fraud have been uncovered to convince management that the system lends itself to corruption and must be controlled.
• There could be more reform legislation that tightens up claims procedures, puts a cap on disability benefits, provides for mandatory rehabilitation, and removes shoreside employees from coverage.
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Workers’ comp claim rejected in West Virginia

• The West Virginia Supreme Court affirmed a decision to reject a workers’ compensation injury case involving an injured knee.
• A man who filed a workers’ comp claim was denied for a man who suffered a right knee sprain while navigating stairs during a work-related delivery.
• The subsequent appeals failed to overturn the decision, according to a Nov. 8 opinion by the West Virginia Supreme Court.
• Chief Justice Beth Walker authored the majority opinion. Justice John Hutchison partially concurs and partially dissents, while Justice Bill Wooton dissents.
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