NYC-Based First Responder Gets to Keep Workers Comp Benefits to Treat 9/11-Caused PTSD After a long appeals process, a New York City first responder will, according to an appellate court, get to keep workers comp benefits to treat his on-going PTSD, which he developed due to his role in responding to the 9/11 terrorist attacks. The Albany, New York state appellate court ruled in January that Richard A. Regan was entitled to keep his workers comp benefits to treat his post-traumatic stress disorder, thereby upholding a decision made by the … [Read more...]
BP Argues Validity of Toxic Spill Workers’ Comp Claims
Texas Lawsuit Plaintiffs Allege BP Must Pay Workers' Comp Claims Due to Toxic Spill In February 2013, BP sold a Galveston, Texas-area refinery to Marathon Petroleum. However, some former employees at the plant filed a lawsuit two months later, claiming that injuries related to release of toxic chemicals at the plant led to serious chronic and potentially lethal health issues, and BP was responsible for the workers' comp claims to cover the long-term healthcare costs. "From November 10, 2011 through possibly early December 2011, BP … [Read more...]
Workers Comp Insurance Company Outlines Ebola Rules
Insurance Company Creates Guidelines for Workers Comp Coverage of Ebola Illness On Wednesday, December 17th, GENEX Services LLC, a workers comp insurance company, published a list of guidelines for workers comp coverage of claimants who contract Ebola during the course of their employment. The guidelines, titled “Hemorrhagic Fever Viruses: Ebola and Marburg,” go beyond the standard clinical directives offered by the World Health Organization and the Centers for Disease Control. “GENEX developed the guidelines at the requests of both … [Read more...]
Ebola Could Be Covered by Workers Comp in Some Cases
Ebola Could Be Considered “Occupational Hazard” and Covered by Workers Comp for Some Jobs Thousands of people in Sierra Leone, Liberia, and Guinea have died after contracting Ebola in one of the worst outbreaks of this incredibly contagious disease seen so far. Other countries, including Nigeria, Senegal, Spain, and US also have a small number of cases, showing just how contagious this fluid-borne illness can be. As a second nurse in the United States has contracted Ebola from working with an Ebola patient, debate surges regarding safety … [Read more...]
Feds Raid Tampa Businesses Charged with Workers Comp Fraud
Two Tampa-Area Businesses Charged with Millions of Dollars in Workers Comp Fraud Federal agents raided two Tampa-based businesses on Thursday, October 2nd, after investigations showed the businesses had committed millions of dollars in workers comp fraud. AmeriMed Diagnostics advertises that they help injured federal workers with insurance and workers comp claims, and offers some medical services like physical therapy. Unnamed sources say that the AmeriMed offices committed “workers’ compensation fraud worth millions of … [Read more...]
Workers Comp Denied for Mesothelioma in WA State
Washington State Supreme Court Rules No Workers Comp for Mesothelioma Case On Thursday, September 18th, the Supreme Court of Washington State found that a worker who died in 2013 of mesothelioma caused by working in one of Boeing’s plants was not eligible for workers comp, as Boeing could not know the conditions would cause the disease. The workers comp appeal was originally brought forth by Gary Walston, a former employee of Boeing who was diagnosed with mesothelioma in 2010. Walston claimed that, while working for Boeing from 1956 to … [Read more...]
Independent Contractors Misclassified to Avoid Workers Comp
Employers Criticized for Misclassifying Independent Contractors to Avoid Workers Comp Premiums, Taxes Under traditional employment terms, employers pay for workers comp insurance coverage for their employees. However, with independent contractor status, the employee is not a direct employee of the company they receive paychecks from, which means the employer does not have to cover federally-regulated employee benefits like workers comp. Recently, numerous businesses, from construction companies to hospitals to strip clubs, have faced heavy … [Read more...]
Man Entitled to Workers Comp for Kickball Injury
Workers Comp Should Pay for Kickball Injury South Carolina’s high court ruled that a man, who was required to go to a company kickball game, is entitled to workers comp to help pay for medical expenses from a kickball injury. On Wednesday, August 27th, the state Supreme Court ruled that Stephen Whigham was required to attend the game as part of his job with Jackson Dawson Communications. The kickball game was a team-building activity for employees, which meant that all employees were required to participate in the sport. During the … [Read more...]
Physicians Make Difference in Workers Comp Costs
Self-Interested Physicians Drive Up Workers Comp Costs in Some States A study of three states conducted by the Workers Comp Research Institute revealed that high mark-ups for physicians and physician-dispensed drugs was largely responsible for increases in workers comp costs. The study looked at workers comp costs in Maryland, Pennsylvania, and Georgia. In both Maryland and Pennsylvania, lawmakers unsuccessfully attempted to curb physician dispensing of pharmaceuticals for workers comp insurance; in Maryland, 40% of prescriptions for … [Read more...]
Florida Workers Comp Law Declared Unconstitutional
Miami Judge Rules Against Florida Workers Comp Law A judge from the Miami area declared Florida’s workers comp laws unconstitutional on Wednesday, August 13th. Since 1968, workers comp in Florida has been the “exclusive” legal remedy in the event that an employee is injured on the job. However, starting in 1990, legislators began to chip away at the benefits offered by the system, justifying the reductions as measures to keep Florida competitive against other states when attracting businesses. Subsequently, workers who are injured on the … [Read more...]