New Orleans: Crime Cameras Used to Dispute Workers’ Comp Claim Justify Firing Three City Employees

The New Orleans Fire Fighters Association and other labor advocates are raising concerns after the city government used its expansive crime camera network to contest a workers’ compensation claim and justify the termination of three city employees.

• It’s unclear how often the city uses surveillance footage in employment matters. The three recent terminations only came to light because the footage was mentioned in hearings when the employees challenged their terminations.

• Critics say the camera network, which was created in 2017 as part of a $40 million public safety plan, for internal employment disputes, is “surveillance creep.”

• The city argues that the cases fell under the network’s “primary purposes”: public safety and the enforcement of city and state laws, and its justification for using the crime cameras in these cases implies that, under the city’s current policy interpretation, they can be used on a wide range of employment issues.

The Lens (New Orleans)

 

Horse-racing: California Workers’ Comp Program Launching Mandatory Exercise Rider Certification Exam

Exercise riders in California will need to pass a certification test based on the British National Racing College’s jockey fitness test, by March 31 in order to remain eligible for the industry’s Post Time workers’ compensation program.

• The exam is based on the British National Racing College’s jockey fitness test, and consists of seven exercises encompassing upper body, lower body, and cardiovascular exercises.

• Trainers in the program will only be able to employ certified exercise riders after March 31.

• Post Time has seen a 30 percent reduction in claims since May of 2020, due to implementation of a “Director of Safety” position, which is responsible for establishing and regulating uniform safety standards across California facilities.

Paulick Report/Thoroughbred Daily News

 

Workers’ Comp Bill Introduced in Washington Legislature

In Washington, unmarried employees who file workers’ compensation claims make on average 5 percent less than their married counterparts, regardless of how many children the worker has. Additionally, married employees who file temporary or permanent claims get an extra $10 per month while receiving monthly payments, something unmarried workers are not entitled to. However, a new bill in the Washington Senate would align the rates, regardless of marital status.

• The Washington State Labor Council testified in favor of the bill, which if adopted, would go into effect 90 days after the legislature adjourns.

• The Washington Self-Insurers Association is among those who have raised concerns about the potential cost increase, although they did support aligning unmarried employees rates with married employees.

The Olympian

 

Staten Island Man Accused of Falsifying Covid-19 Test Results for Workers’ Comp

A 23-year-old Staten Island, New York man, who worked as a part-time kitchen service employee in at a nursing home, has been indicted for allegedly falsifying multiple COVID-19 test results in 2020 to obtain workers’ compensation.

• The man allegedly submitted a total of six fabricated positive test results to the insurance carrier in addition to a June 2020 false medical note, according to authorities.

• According to the state inspector general, the insurance carrier noticed many of the positive test results used the same specimen ID.

WKBW

 

Some Massachusetts Healthcare Employees With Covid Had to Fight For Pay, Analysis Finds

An analysis of workers’ compensation claims filed with the Massachusetts Department of Industrial Accidents from January 2020 through the end of 2021 found that more than 12,700 claims were submitted for people who missed work due to alleged COVID exposure on the job, according to an analysis by WBUR. Many of those exposed to the virus were required to work because they were deemed essential, especially in healthcare.

• Steven Kantrovitz, an attorney who represents employees in workers’ compensation cases, said even when it’s highly likely that a person caught COVID at work, insurers will often initially deny a claim, to try to avoid the long-term medical costs and lost wages.

• Thirty-eight employees died before their employers filed workers’ comp claims for them, according to WBUR. In more than 200 cases, employees or their families had to find lawyers and battle claim denials for months.

• Some companies filed claims automatically when workers reported COVID exposure, but then offered direct payments, instead, to those who opted out of pursuing a claim, according to the analysis. However, the state won’t say whether companies that don’t file COVID workers’ comp claims are breaking the law.

WBUR (Boston)