Workers comp cancer bill denied in South Dakota

• A Senate bill in South Dakota that would have created the presumption of workers’ compensation for occupational cancer for firefighters was defeated 7-2.
• The bill sought to bypass the state’s work compensation advisory board, going directly to lawmakers. Supporters argue this is an issue in need of an immediate legislative solution.
• Studies from the International Agency for Research on Cancer have described occupational exposure as a firefighter to be “carcinogenic.”
• The Firefighter Cancer Support Network estimates the profession suffers from cancer at a rate nine percent above that of the general public with a 14 percent higher cancer fatality rate.
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Concern provisions in workers’ comp bill could jeopardize PTSD coverage

• Healthcare providers are concerned about a so-called “poison pill” inside a set of bills that would make several widely supported changes to the state’s workers’ compensation program.
• The legislation would expand coverage for first responders who are diagnosed with post-traumatic stress disorder, index permanent total disability benefits for injured workers, and increase compensation rates for permanent partial disability, among other provisions.
• The Senate’s and Assembly’s labor committees held a joint hearing last week on the two bills backed by the state’s Worker’s Compensation Advisory Council, which is composed of representatives of both the labor and management sides of employment interests.
• The poison pill attached to the bill would boost total disability benefits and expand PTSD coverage for first responders, which has been rejected several times because it limits how much healthcare providers can charge for services provided through the state’s workers’ comp program.
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NJ AG wants new rules for law firms involved with workers’ comp

• The New Jersey Attorney General’s Office has a request for qualifications for law firms to act as workers’ compensation defense counsel.
• The Department of Law and Public Safety announced that the Division of Law issued a request for qualifications for special counsel appointment as defense counsel pool for workers’ compensation.
• Outside law firms are frequently hired by the state for representation in litigation, bond and other legal matters.
• The RFQ leads to a list of qualified firms from which a retention decision will be made.
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Proposal to improve Medicare with workers’ comp

• A coalition representing a diverse group of stakeholders supports the recent introduction of the “Coordination of Medicare Payments and Workers’ Compensation Act” or the “COMP Act”.
• The bipartisan legislation seeks to clarify the law and payments to be made to workers’ compensation claimants who are also Medicare eligible.
• The proposal would create certainty in determining the amounts to be included in set-asides, provide an appeals process for parties to CMS determinations, and increase revenue to Medicare through optional direct payment of the total amount of the set-aside to be paid to Medicare.
• The proposal will benefit injured workers, employers, insurers, and Medicare. It creates a system of certainty and allows the settlement process to move forward while eliminating millions of dollars in administrative costs that harm workers, employers, insurers, and CMS.
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