Current Workers Compensation Law Compared to the 2013 Workers Compensation Reform Act

Size: px
Start display at page:

Download "Current Workers Compensation Law Compared to the 2013 Workers Compensation Reform Act"

Transcription

1 Current Workers Compensation Law Compared to the 2013 Workers Compensation Reform Act Area Addressed Current Law Reform Act Workers Compensation Division The Division of Workers Compensation operates under the supervision of the Department of Labor with the Administrator appointed by the Commissioner of Labor. The Administrator is appointed for a term of four years and can be removed by the Commissioner for nonperformance of duties. The Division of Workers Compensation operates as an independent unit of government under the supervision of the Administrator and is attached to the Department of Labor for administrative purposes only. The Administrator will be appointed by the Governor for a term of six years and can serve no more than two full terms. The Governor can remove the Administrator for cause or for nonperformance of duties. Definition of Injury (Causation) Construction of Statute Under current law, injury is defined as an accident arising within the course of employment causing disablement or death. Injury does not include an occupational disease which is separately defined. If the injury could be causally related to the work place accident, the claim is compensable. The physician treating the employee for the workplace injury must give an opinion of whether the accident the employee suffered caused the employee s injury. The physician s opinion is presumed to be correct. Requires that the statute be liberally construed in favor of the injured employee The bill expands the definition of injury to include occupational disease. Only injuries that arise primarily in the course and scope of work are compensable when all other possible causes are considered. The bill defines key phrases which were previously undefined and sets a clear standard for establishing each element of an injury. The treating physician s opinion of whether the accident caused the employee s injury is still presumed to be correct under the bill. Replaces the liberal construction with the requirement that the statute be construed fairly and impartially. Utilization Employers/insurance companies typically The bill requires the Administrator to adopt, by the 1

2 Review Employer Communication with Treating Physician Physician Selection Process contract with a third party utilization review firm to review treatment recommended by a physician for an employee who has suffered a workers compensation injury. The utilization review firm will review the treatment and determine whether it is medically necessary. There are no uniform standards for determining medical necessity. An employee whose treatment is denied can appeal to the medical director of the Workers Compensation Division. If the medical director finds that the prescribed treatment is medically necessary, the Division will order that the treatment be provided. State chancery and circuit courts have entertained suits to challenge a utilization review decision. There is no fee for appealing a utilization review decision to the medical director. Current law prohibits the employer or his representative from orally communicating with the physician providing treatment for the employee. The law also requires the employee to provide a waiver for the release of medical records before the employer may review the employee s medical records related to the employee s treatment for the workers compensation injury. Current law requires the employer to provide a panel of physicians to treat the employee and allows the employee to choose a physician from the panel. The number and type of physicians required to be included on the panel varies promulgation of rules, a set of advisory guidelines for the treatment of workers compensation injuries by The advisory treatment guidelines will be used as the standard to determine whether the treatment prescribed by the treating physician is medically necessary. Once treatment guidelines are adopted, any treatment that follows the guidelines will be presumed to be medically necessary. If the medical director finds that the prescribed treatment falls within the treatment guidelines, the Division will order that the treatment be provided. State chancery and circuit courts have entertained suits to challenge a utilization review decision and the bill will not affect that process. The bill allows the Division to charge a fee to review utilization review appeals made to the medical director of the Workers Compensation Division. The bill allows the employer or the employer s representative to freely communicate with the physician treating the employee for the workers compensation injury. The bill also removes the requirement that the employee sign a waiver before the employer will be allowed to review the employee s medical records related to treatment for the workers compensation injury. The bill simplifies the physician selection process by requiring the provision of only one panel of three physicians no matter the type of injury that the employee suffered. In cases where the treating physician refers the employee to a specialist, the employer will be deemed to have accepted the referral to the 2

3 depending upon the nature of the injury. Current law also requires an employer to provide an additional panel of specialists whenever the physician treating the employee for a workplace injury refers the employee to a specialist. specialist unless the employer provides a panel of three specialists to the employee within three business days of the referral. Assigning Permanent Impairment Temporary Total Disability Under current law, the employee s degree of permanent medical impairment is determined by the treating physician who will assign an impairment rating based on the percentage the injury has impacted the employee s overall physical condition when the injury is analyzed using the AMA Guides to Permanent Impairment, 6th edition. If the injury is to a scheduled member as defined in current law, the treating physician will assign an impairment rating that reflects the percentage the injury has impacted the physical condition of the scheduled member. The rating provided by the treating physician carries the same weight in court as the opinion of any other doctor who evaluates the employee for the purpose of assigning an impairment rating only. Impairment ratings can either be a percentage of impairment to the body as a whole or can be based on specific body parts. Under current law, an employee will receive Temporary Total Disability (TTD) benefits until an employee reaches Maximum Medical Improvement (MMI) and an impairment rating is assigned by the treating physician. This process can sometimes take up to 30 days. TTD Under the bill, the treating physician will continue to assign an impairment rating to the employee. However, all impairment ratings will be assigned as a percentage of impairment to the body as a whole using the AMA Guides to Permanent Impairment, 6th edition. The list of scheduled member injuries will be eliminated. The impairment rating provided by the treating physician will be presumed to be accurate. The presumption of accuracy can be overcome by presenting contrary evidence that satisfies a preponderance standard. Under the bill, Temporary Total Disability (TTD) benefits are capped when the employee reaches Maximum Medical Improvement (MMI) even if no impairment rating is issued. TTD benefits are capped immediately when the treating physician has stopped all active medical care and the employee is only receiving pain management treatment. No additional 3

4 Permanent Partial Disability benefits can continue for up to 104 weeks if the employee suffers a mental injury. Employee s date of attaining MMI may be postponed while the employee receives pain management treatment even when all other active treatment has ended. TTD payments made after the date the employee reaches MMI are not automatically offset against the employee s permanent disability award. Under current law, the employee can receive up to 1.5 times the impairment rating (based on various factors including age, employment opportunities, skills, education) in permanent disability benefits only if he returns to work for his pre-injury employer. The employee can receive up to 6 times his impairment rating if he does not return to work or returns to work at less than 100% of his pre-injury wage for his pre-injury employer. Recovery is based on 400 weeks of benefits. The employee can seek reconsideration if the employee is terminated within 400 weeks of date the employee returned to work. weeks of TTD will be paid for mental injuries following a physical injury after MMI. TTD payments made after the date of MMI will be offset against permanent benefit payments. MMI occurs when active medical treatment ends. Under the bill, an employee receives permanent disability benefits equal to his impairment rating if he returns to work with any employer earning 100% of his pre-injury wage. The employee will receive additional benefits if he does not return to work or returns to work making less than his pre-injury wage. The amount of additional benefits can be increased if the employee is over forty years of age, or does not have a diploma or GED or if the county where the employee worked before his injury has an unemployment rate that is 2% points or more higher than the state average. Recovery under the bill will be based on 450 weeks rather than 400 weeks. The employee will no longer have 400 weeks following his return to work to file a claim for reconsideration. Instead, the employee will be entitled to file a claim for increased benefits as detailed above if the employee is not working when the number of weeks in the initial permanent benefit has elapsed. 4

5 Dispute Resolution Tennessee uses a unique hybrid format mixing elements of an administrative process and a judicial process. Administrative Process: The administrative process is twofold. Phase I: If the parties dispute whether the employee should receive temporary disability or medical benefits, they may apply to the Division of Workers Compensation for the assistance of a workers compensation mediating specialist who will mediate the dispute so that the parties can reach an agreement. If the mediation is unsuccessful, the dispute is passed to an attorney workers compensation specialist to consider whether the employer should be ordered to provide temporary disability or medical benefits. If benefits are ordered, they continue until the employee reaches Maximum Medical Improvement. Phase II: After the employee reaches Maximum Medical Improvement, the parties participate in a benefit review conference where a mediating specialist mediates the claim so that the parties can reach an agreed settlement. If the parties agree, the process ends. If the parties do not agree, the mediating specialist issues an impasse report which frees either party to file a claim in court. The bill contains elements of alternative dispute resolution and a court hearing. Alternative Dispute Resolution: Either party seeking review of any disputed issue may file a petition for benefit determination with the Division. After the petition is filed, a mediator will mediate the dispute. During mediation, the parties will send a representative with authority to settle the claim. The parties will discuss all disputed issues including compensability and temporary benefits and try to come to an agreement. If settlement is reached, the process ends. If the parties cannot agree, the mediator will issue a dispute certification notice detailing all the issues upon which the parties cannot agree. After the dispute certification notice issues, either party has sixty days to file a petition for a hearing before a workers compensation judge in the newly created court of workers compensation claims which will be housed in the Division of Workers Compensation. Judicial Process: Workers compensation judges will hear claims under the same rules as a circuit or chancery court. The judges will be licensed attorneys with at least five years of experience in workers compensation law. They will serve six-year terms with a limit of serving no more than three full terms. The judges will be employees of the Division and will be appointed by the Division Administrator. The decisions of a workers compensation judge can be appealed to the workers compensation appeals board. The workers compensation appeals board will be separate from the court of workers compensation claims. The Governor will appoint three licensed 5

6 Judicial Process: The parties file their claim and have a bench trial. Either party may appeal the decision to the Supreme Court. attorneys with at least seven years experience in workers compensation law to serve on the appeals board. The appeals board judges will serve six-year terms and are limited to serving two full terms. Further appeal of a decision by a workers compensation judge may be made to the Supreme Court. Ombudsman Program The Division has a workers compensation specialist program to assist injured or disabled employees, persons claiming death benefits, employers and other persons in protecting their rights and obtaining information available under workers compensation laws. This assistance is provided by the workers compensation specialist in addition to their mediation responsibilities and by specialists who respond to calls to the Division s Help Line. This bill creates a robust education and assistance program with a focus on providing information and assistance to employees who are pursuing their claim without the services of an attorney. An Ombudsman would act as a neutral party by providing education concerning the rights and obligations of all parties and service providers, effective direction on the preparation of forms, and the process of resolving disputed issues. Ombudsmen would provide no legal advice. 6

7 Reporting No statutory requirement Division of Workers Compensation shall begin providing every member of the General Assembly with an annual report beginning in Sunset No sunset in current law The workers compensation program will sunset in 2018 and must be reconsidered for extension. 7

Key Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016

Key Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016 2014 Construction of Statute Definition of Injury (Causation) Revises Section 50-6-116, Construction of Chapter, to indicate that for dates of injury on or after July 1, 2014, the chapter should no longer

More information

2013 Changes to the Tennessee Workers Compensation Act

2013 Changes to the Tennessee Workers Compensation Act Overview 2013 Changes to the Tennessee Workers Compensation Act On April 29, 2013 Tennessee Governor Bill Haslam signed into law the Tennessee Workers Compensation Reform Act of 2013 (SB200/HB194). This

More information

Everything Old is New Again: 2014 Tennessee Workers Compensation Laws

Everything Old is New Again: 2014 Tennessee Workers Compensation Laws Everything Old is New Again: 2014 Tennessee Workers Compensation Laws Presented by: Fred Baker fbaker@wimberlylawson.com Statutory Construction Remedial vs. Strict Construction Under old law, all doubts

More information

Tennessee Workers Compensation: The Year In Review Christie M. Hayes

Tennessee Workers Compensation: The Year In Review Christie M. Hayes Tennessee Workers Compensation: The Year In Review Christie M. Hayes Johnson City, Tennessee (423) 928-0181 chayes@bakerdonelson.com Today s Game Plan A review of major revisions for new law claims Old

More information

General Information on Representing Yourself in a Workers Compensation Case

General Information on Representing Yourself in a Workers Compensation Case General Information on Representing Yourself in a Workers Compensation Case Idaho Industrial Commission PO Box 83720 Boise, ID 83720-0041 Telephone: (208) 334-6000 Fax: (208) 332-7558 www.iic.idaho.gov

More information

Rights & Obligations under the Nebraska Workers Compensation Law

Rights & Obligations under the Nebraska Workers Compensation Law Nebraska Workers Compensation Court Information Sheet: Rights & Obligations under the Nebraska Workers Compensation Law NEBRASKA WORKERS COMPENSATION COURT OFFICIAL SEAL What is workers compensation? Workers

More information

Workers Compensation Claim State Environmental Guide - Tennessee

Workers Compensation Claim State Environmental Guide - Tennessee Workers Compensation Claim State Environmental Guide - Tennessee TENNESSEE http://www.state.tn.us/labor-wfd/wcomp.html Indemnity issues Temporary Total Benefits Temporary Partial Benefits Permanent Partial

More information

WORKERS COMPENSATION FUNDAMENTALS. Know How to Navigate Your Claim

WORKERS COMPENSATION FUNDAMENTALS. Know How to Navigate Your Claim WORKERS COMPENSATION FUNDAMENTALS Know How to Navigate Your Claim Overview Workers Compensation System Rights and Responsibilities Return to Work Benefits Dispute Resolution Complaints vs Disputes 1 Workers

More information

ANATOMY OF AN OKLAHOMA OPT OUT BENEFIT PLAN

ANATOMY OF AN OKLAHOMA OPT OUT BENEFIT PLAN ANATOMY OF AN OKLAHOMA OPT OUT BENEFIT PLAN A comparison of injured workers benefits and rights under traditional Oklahoma workers compensation and Opt Out plans authorized by the Oklahoma Injury Benefit

More information

Important Information

Important Information 16 An Employee s Guide to the South Dakota Workers Compensation System Division of Labor and Management Phone: (605) 773-3681 www.sdjobs.org Department of Labor and Regulation 700 Governors Drive Pierre,

More information

Provided By Heath Benefit Partners Workers Compensation Employee Benefits

Provided By Heath Benefit Partners Workers Compensation Employee Benefits Provided By Heath Benefit Partners Workers Compensation Employee Workers compensation laws in California regulate the determination and payment of benefits for employees injured in the course of employment.

More information

LOUISIANA WORKERS COMPENSATION LAW CHANGES 2012

LOUISIANA WORKERS COMPENSATION LAW CHANGES 2012 LOUISIANA WORKERS COMPENSATION LAW CHANGES 2012 The following is a summary of the 2012 legislative amendments to the Louisiana Workers Compensation Act. The major law changes were at the urging of the

More information

Workers Compensation Amendment (Transitional) Regulation 2012

Workers Compensation Amendment (Transitional) Regulation 2012 New South Wales Workers Compensation Amendment (Transitional) Regulation 2012 under the Workers Compensation Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the

More information

If you have been involved in a work-related accident, there are a lot of things that you absolutely need to know.

If you have been involved in a work-related accident, there are a lot of things that you absolutely need to know. WORK-RELATED INJURIES SPECIAL REPORT Dear Friend: If you have been involved in a work-related accident, there are a lot of things that you absolutely need to know. Workers compensation is a statutory right

More information

Workers Compensation

Workers Compensation INFORMATION BRIEF Minnesota House of Representatives Research Department 600 State Office Building St. Paul, MN 55155 December 1998 Linda Holmes, Legislative Analyst (651) 296-5059 Workers Compensation

More information

28 Texas Administrative Code

28 Texas Administrative Code 28 Texas Administrative Code Chapter 127 - Designated Doctor Procedures and Requirements Link to the Secretary of State for 28 TAC Chapter 127 (HTML): http://info.sos.state.tx.us/pls/pub/readtac$ext.viewtac?tac_view=4&ti=28&pt=2&ch=127.

More information

Guide for Injured Workers

Guide for Injured Workers Guide for Injured Workers This is a guide to Oklahoma workers' compensation law and rules. It is based on laws and rules in effect in 2015. Laws and rules can change by acts of the Legislature, rulemaking

More information

WORKERS COMP 101. Presented by: PGCS/PRU & PGIT

WORKERS COMP 101. Presented by: PGCS/PRU & PGIT WORKERS COMP 101 Presented by: PGCS/PRU & PGIT Discussion Employee Assistance and Ombudsman The Injured Worker The Employer The Insurance Carrier Treating Physician(s) Benefits Calming Claims Light Duty

More information

Information for Worker s Compensation Clients

Information for Worker s Compensation Clients Information for Worker s Compensation Clients Overview of the Worker s Compensation Act Indiana Worker s Compensation cases are governed by a State law known as the Worker s Compensation Act. The legislature

More information

Georgia Workers Comp Basics: Non-Profits are Employers, Too. Michael E. Memberg, Esq. September 19, 2012

Georgia Workers Comp Basics: Non-Profits are Employers, Too. Michael E. Memberg, Esq. September 19, 2012 Georgia Workers Comp Basics: Non-Profits are Employers, Too Michael E. Memberg, Esq. September 19, 2012 Mission of Pro Bono Partnership of Atlanta: To provide free legal assistance to community-based nonprofits

More information

Section 4 Rehabilitation Benefits

Section 4 Rehabilitation Benefits Section 4 Rehabilitation Benefits Under the Minnesota workers compensation law, vocational rehabilitation services can be provided to employees and surviving spouses. The intent of rehabilitation is set

More information

OKLAHOMA (CURRENT SYSTEM)

OKLAHOMA (CURRENT SYSTEM) OKLAHOMA (CURRENT SYSTEM) 1) MAKE-UP / STRUCTURE The Oklahoma Workers Compensation Court has exclusive jurisdiction (OWCC) over work related injury claims unless the employer fails to carry insurance and

More information

Comparative Review of Workers Compensation Systems in Select Jurisdictions

Comparative Review of Workers Compensation Systems in Select Jurisdictions of Workers Compensation Systems in Select Jurisdictions JURISDICTION: TEXAS ENVIRONMENT Population Size 19.3 million in 1997. Labour Force 8 million (1997) Demographic and Economic Indicators has enjoyed

More information

Tennessee Workers' Compensation Legislative Changes: A Return to Sanity. Jennifer P. Keller, Esq. Steven H. Trent, Esq.

Tennessee Workers' Compensation Legislative Changes: A Return to Sanity. Jennifer P. Keller, Esq. Steven H. Trent, Esq. Tennessee Workers' Compensation Legislative Changes: A Return to Sanity Jennifer P. Keller, Esq. Steven H. Trent, Esq. 1 2011 Developments 2011 Legislative Changes Most Comprehensive Changes Since 2004

More information

Tennessee Workers Compensation Data Calendar Years 2001-2010. A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation

Tennessee Workers Compensation Data Calendar Years 2001-2010. A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation Tennessee Workers Compensation Data Calendar Years 2001-2010 A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation September, 2011 Tennessee Workers Compensation Data Calendar

More information

Workers' Compensation in Oklahoma Employee s Rights & Responsibilities

Workers' Compensation in Oklahoma Employee s Rights & Responsibilities Workers' Compensation in Oklahoma Employee s Rights & Responsibilities Workers Compensation Court Counselor Program 1915 N. Stiles Avenue, Oklahoma City, OK 73105 210 Kerr State Office Bldg., 440 S. Houston,

More information

Workers' Compensation in Oklahoma Employee s Rights & Responsibilities

Workers' Compensation in Oklahoma Employee s Rights & Responsibilities Workers' Compensation in Oklahoma Employee s Rights & Responsibilities The information provided in this pamphlet is general in nature and for informational purposes only. It is not intended to be a legal

More information

MODIFICATION, TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY BENEFITS

MODIFICATION, TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY BENEFITS RULE IX MODIFICATION, TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY BENEFITS A. TERMINATION OF TEMPORARY DISABILITY BENEFITS BY AN ADMISSION OF LIABILITY IN CLAIMS ARISING PRIOR TO JULY 2, 1987, AT

More information

Injured on-the-job? Know Your Workers' Compensation Rights in New Jersey

Injured on-the-job? Know Your Workers' Compensation Rights in New Jersey Page1 Injured on-the-job? Know Your Workers' Compensation Rights in New Jersey HPAE members who are injured or made ill on-the-job may be entitled to cash benefits, medical care, and other benefits under

More information

ILLINOIS WORKERS COMPENSATION COMMISSION HANDBOOK ON WORKERS COMPENSATION AND OCCUPATIONAL DISEASES

ILLINOIS WORKERS COMPENSATION COMMISSION HANDBOOK ON WORKERS COMPENSATION AND OCCUPATIONAL DISEASES ILLINOIS WORKERS COMPENSATION COMMISSION HANDBOOK ON WORKERS COMPENSATION AND OCCUPATIONAL DISEASES HANDBOOK ON WORKERS COMPENSATION AND OCCUPATIONAL DISEASES This handbook is designed to serve as a general

More information

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT NASHVILLE

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT NASHVILLE IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT NASHVILLE BETTY JO SISSOM V. STATE OF TENNESSEE DEPARTMENT OF LABOR WORKERS COMPENSATION DIVISION SECOND INJURY FUND Direct

More information

Your Rights Under the Missouri Workers Compensation Law

Your Rights Under the Missouri Workers Compensation Law Your Rights Under the Missouri Workers Compensation Law All states have workers compensation laws. The Missouri Workers Compensation Law is contained in Chapter 287 of the Revised Statutes of Missouri.

More information

Idaho Workers Compensation

Idaho Workers Compensation Idaho Workers Compensation Facts for Injured Workers Workers' Compensation Benefits How to Obtain Them Your Rights and Responsibilities Additional information is available online at: http://www.iic.idaho.gov

More information

The 411 on Connecticut Injuries at Work and Workers Compensation

The 411 on Connecticut Injuries at Work and Workers Compensation 52 Holmes Avenue Waterbury, CT 06710 (203) 753-7300 The 411 on Connecticut Injuries at Work and Workers Compensation www.welcomelawfirm.com JWelcome@WelcomeLawFirm.com Injured at Work? What now? If you

More information

The Law Offices of Robertson Wendt Media Kit: Frequently Asked Questions. General questions about the firm:

The Law Offices of Robertson Wendt Media Kit: Frequently Asked Questions. General questions about the firm: The Law Offices of Robertson Wendt Media Kit: Frequently Asked Questions General questions about the firm: What is the firm s main practice area? The Law Offices of Robertson Wendt focus on disability

More information

INTRODUCTION GENERAL INFORMATION

INTRODUCTION GENERAL INFORMATION Workers Compensation Benefits Summary For dates of injury occurring on or after July 1, 2013 through June 30, 2014 Employment Relations Division Department of Labor and Industry PO Box 8011 Helena, MT

More information

2011 Changes to Kansas Workers Compensation Act

2011 Changes to Kansas Workers Compensation Act On April 18, 2011, Kansas Governor Sam Brownback signed a new law changing the workers compensation system. (H.B. 2134) amends the Workers Compensation Act (KSA Sec. 44-501, et seq.) by changing Sections

More information

Florida Workers Compensation Law A Summary For The Injured Worker

Florida Workers Compensation Law A Summary For The Injured Worker Florida Workers Compensation Law A Summary For The Injured Worker Page 1 of 6 Introduction This pamphlet was written by Dennis A. Palso of the Law Office of Dennis A. Palso, P.A., an attorney who specializes

More information

Tennessee Workers Compensation Data Calendar Years 2003-2012. A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation

Tennessee Workers Compensation Data Calendar Years 2003-2012. A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation Tennessee Workers Compensation Data Calendar Years 2003-2012 A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation August 2013 Tennessee Workers Compensation Data Calendar

More information

EXECUTIVE SUMMARY. Associated Industries Of Florida

EXECUTIVE SUMMARY. Associated Industries Of Florida EXECUTIVE SUMMARY Proposed "WORKERS' COMPENSATION REFORM ACT OF 2001 Recommended by Associated Industries Of Florida There is a major crisis looming on the horizon on the Florida's Workers'' Compensation

More information

SB 863 Workers Compensation Update

SB 863 Workers Compensation Update SCOTT T. FORD* CHERYL L. WALLACH* LEWIS N. LEVY** EDITH E. LEVY ANALISA SWAN DANIEL R. BARTH JAY S. SIDHRA RUSSELL E. SHUBEN Levy, Ford & Wallach ATTORNEYS AT LAW A Professional Corporation 3619 Motor

More information

Accident Compensation (Common Law and Benefits) Bill

Accident Compensation (Common Law and Benefits) Bill ARTYUR ROBll,lSQN ~ HEDDERWlCKS UBfW~Y Accident Compensation (Common Law and Benefits) Bill As Sent Print EXPLANATORY MEMORANDUM Clause 1 Clause 2 Clause 3 Clause 4 sets out the purpose of the Bill. provides

More information

STATE OF MINNESOTA. Department of Labor and Industry. Rehabilitation Rules 5220.0100-5220.1900 Includes the rule amendments effective June 7, 2005.

STATE OF MINNESOTA. Department of Labor and Industry. Rehabilitation Rules 5220.0100-5220.1900 Includes the rule amendments effective June 7, 2005. STATE OF MINNESOTA Department of Labor and Industry Rehabilitation Rules 5220.0100-5220.1900 Includes the rule amendments effective June 7, 2005. July, 2005 This booklet has been prepared by the Department

More information

WORKERS COMPENSATION ORKERS OMPENSATION: INJURY

WORKERS COMPENSATION ORKERS OMPENSATION: INJURY WORKERS ORKERS COMPENSATION OMPENSATION: WHAT TO DO IN CASE OF AN ON-THE THE-JOB INJURY In general the purpose of the North Carolina Workers Compensation Act, N.C. G.S. 97-1 et. seq., is to put in place

More information

Workers Compensation Insurance Procedures

Workers Compensation Insurance Procedures A. General Policy Workers Compensation Insurance Procedures Title 42, of the South Carolina Code of Laws contains the South Carolina Workers Compensation Act. The Rules and Regulations of the South Carolina

More information

INTRODUCTION GENERAL INFORMATION

INTRODUCTION GENERAL INFORMATION Workers Compensation Benefits Summary For dates of injury occurring on or after July 1, 2010 through June 30, 2011 Employment Relations Division Department of Labor and Industry PO Box 8011 Helena,MT 59604-8011

More information

Legislative Update. legal challenge to new law. significant changes to oklahoma work comp

Legislative Update. legal challenge to new law. significant changes to oklahoma work comp Quality Insight for Your Industry Legislative Update significant changes to oklahoma work comp Since our last Legislative Update on the new Workers' Compensation system in Oklahoma, the NCCI filed a 12.9%

More information

OKLAHOMA WORKERS COMPENSATION UPDATE OKLAHOMA SENATE BILL 1062

OKLAHOMA WORKERS COMPENSATION UPDATE OKLAHOMA SENATE BILL 1062 OKLAHOMA WORKERS COMPENSATION UPDATE OKLAHOMA SENATE BILL 1062 In May 2013 the Oklahoma Legislature passed Senate Bill 1062 and Governor Fallin signed a new Workers' Compensation Bill into Law. The Bill

More information

INJURED ON THE JOB? A SUMMARY OF THE RIGHTS AND BENEFITS AVAILABLE TO INJURED WORKERS UNDER ILLINOIS LAW

INJURED ON THE JOB? A SUMMARY OF THE RIGHTS AND BENEFITS AVAILABLE TO INJURED WORKERS UNDER ILLINOIS LAW INJURED ON THE JOB? A SUMMARY OF THE RIGHTS AND BENEFITS AVAILABLE TO INJURED WORKERS UNDER ILLINOIS LAW Law Offices ANESI, OZMON, RODIN, NOVAK & KOHEN, LTD 161 NORTH CLARK STREET AT RANDOLPH 21ST FLOOR

More information

Tennessee Workers Compensation Data Calendar Years 2002-2011. A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation

Tennessee Workers Compensation Data Calendar Years 2002-2011. A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation Tennessee Workers Compensation Data Calendar Years 2002-2011 A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation August, 2012 Tennessee Workers Compensation Data Calendar

More information

North Carolina Industrial Commission

North Carolina Industrial Commission North Carolina Industrial Commission North Carolina Industrial Commission COMMISSIONERS: Andrew T. Heath, Chairman Charlton L. Allen Bernadine S. Ballance Linda Cheatham Danny Lee McDonald Tammy R. Nance

More information

A GUIDE TO THE BENEFITS PROVIDED BY THE ILLINOIS WORKERS COMPENSATION ACT

A GUIDE TO THE BENEFITS PROVIDED BY THE ILLINOIS WORKERS COMPENSATION ACT A GUIDE TO THE BENEFITS PROVIDED BY THE ILLINOIS WORKERS COMPENSATION ACT INTRODUCTION The information contained in this booklet is an overview of benefits provided by the Illinois Workers Compensation

More information

What do I do about time missed from work to attend appointments relating to my injury?

What do I do about time missed from work to attend appointments relating to my injury? What do I do about time missed from work to attend appointments relating to my injury? An injured worker needs to use accrued leave to be paid for time missed from work to attend appointments relating

More information

SOUTH CAROLINA BAR. Workers Compensation and the Law

SOUTH CAROLINA BAR. Workers Compensation and the Law SOUTH CAROLINA BAR Workers Compensation and the Law WORKERS COMPENSATION The South Carolina Workers Compensation Act provides a system for workers injured on the on the job to receive medical care and

More information

THE NEW ERA OF WORKERS COMPENSATION IN OKLAHOMA. OIPA Fall Conference 2013 Big Cedar Lodge, Missouri October 22, 2013

THE NEW ERA OF WORKERS COMPENSATION IN OKLAHOMA. OIPA Fall Conference 2013 Big Cedar Lodge, Missouri October 22, 2013 THE NEW ERA OF WORKERS COMPENSATION IN OKLAHOMA OIPA Fall Conference 2013 Big Cedar Lodge, Missouri October 22, 2013 OPENING REMARKS Gray Holden Executive Vice President and Managing Partner Willis of

More information

Table of Contents DEPARTMENT OF LABOR OFFICE OF WORKERS' COMPENSATION. Title 40 Labor and Employment Part I. Workers' Compensation Administration

Table of Contents DEPARTMENT OF LABOR OFFICE OF WORKERS' COMPENSATION. Title 40 Labor and Employment Part I. Workers' Compensation Administration Table of Contents DEPARTMENT OF LABOR OFFICE OF WORKERS' COMPENSATION Title 40 Labor and Employment Part I. Workers' Compensation Administration Chapter 7. 701. Purpose... 7-1 703. Statutory Requirements...

More information

GEORGIA WORKERS COMPENSATION BASICS Michael Memberg Ken David & Associates, LLC

GEORGIA WORKERS COMPENSATION BASICS Michael Memberg Ken David & Associates, LLC This article presents general guidelines for Georgia nonprofit organizations as of the date written and should not be construed as legal advice. Always consult an attorney to address your particular situation.

More information

AN EMPLOYER S GUIDE TO WORKERS COMPENSATION IN NEW JERSEY

AN EMPLOYER S GUIDE TO WORKERS COMPENSATION IN NEW JERSEY AN EMPLOYER S GUIDE TO WORKERS COMPENSATION IN NEW JERSEY I. WHAT IS WORKERS COMPENSATION?... 2 II. WORKERS COMPENSATION BENEFITS... 3 III. INSURANCE REQUIREMENTS... 4 Types of Coverage Definition of Employee

More information

STATE OF NEW MEXICO WORKERS COMPENSATION ADMINISTRATION. WCA No.: PETITION FOR LUMP SUM PAYMENT RETURN TO WORK

STATE OF NEW MEXICO WORKERS COMPENSATION ADMINISTRATION. WCA No.: PETITION FOR LUMP SUM PAYMENT RETURN TO WORK ,, and, WCA No.: PETITION FOR LUMP SUM PAYMENT RETURN TO WORK This form should be used for lump sums after return to work for 6 months, earning at least 80% of the pre-injury wage pursuant to 52-5-12(B).

More information

Workers' Compensation

Workers' Compensation Workers' Compensation Workers compensation provides benefits to injured employees for accidents or occupational diseases arising out of, and in the course of, their employment. Compensation coverage is

More information

Reopening of Medical Benefits Closed by Operation of Law

Reopening of Medical Benefits Closed by Operation of Law Reopening of Medical Benefits Closed by Operation of Law 24.29. 3101 INTRODUCTION - APPLICABILITY - VOLUNTARY PAYMENTS (1) This subchapter addresses the reopening of medical benefits terminated by operation

More information

What Happens After I Report the Injury?

What Happens After I Report the Injury? Introduction The Iowa Workers Compensation Act provides the only legal remedy against their employer for workers who are injured on the job. Workers Compensation law can be very technical. The law is administered

More information

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize

More information

YOUR WORKERS COMPENSATION BENEFITS

YOUR WORKERS COMPENSATION BENEFITS YOUR WORKERS COMPENSATION BENEFITS 1 I M INJURED. NOW WHAT? No one ever plans to get hurt on the job. But when an unfortunate incident occurs, Montana State Fund (MSF) and your employer want to make sure

More information

Florida Workers Compensation: A Guide for the HR Professional

Florida Workers Compensation: A Guide for the HR Professional Florida Workers Compensation: A Guide for the HR Professional Jennifer K. Price, FCAS, MAAA Session Objectives Workers Compensation Basics Florida Reforms, Cost Trends, and Challenges The Patient Protection

More information

Comparative Review of Workers' Compensation Systems in Select Jurisdictions

Comparative Review of Workers' Compensation Systems in Select Jurisdictions of Workers' Compensation Systems in Select Jurisdictions JURISDICTION: WASHINGTON ENVIRONMENT Population Size 5.5 million in 1996. Labor Force 2.8 million in 1996. Demographic and Economic Indicators The

More information

The Employers Guide to. Pennsylvania s Workers Compensation Law

The Employers Guide to. Pennsylvania s Workers Compensation Law The Employers Guide to Pennsylvania s Workers Compensation Law Table of Contents About this Guide. 3 The Pennsylvania Workers Compensation Act: An Overview for the Pennsylvania Employer....4 Your Duties

More information

McQuiddy, Jana v. Saint Thomas Hospital

McQuiddy, Jana v. Saint Thomas Hospital University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Court of Workers' Compensation Claims and Workers' Compensation Appeals Board Law 6-28-2016 McQuiddy, Jana v.

More information

Changes to Michigan s Workers Compensation Act written by Jerry R. Newman

Changes to Michigan s Workers Compensation Act written by Jerry R. Newman Changes to Michigan s Workers Compensation Act written by Jerry R. Newman The Michigan Legislature has enacted major changes to the Workers Compensation Act which were recently signed by the Governor.

More information

in line with the worker s capacity for work meaningful provided for the purpose of increasing a worker s capacity for work.

in line with the worker s capacity for work meaningful provided for the purpose of increasing a worker s capacity for work. 1 Questions and answers for employers 17 October 2012 Return to work 1. What are employers return to work obligations? Employers have an obligation to provide suitable employment (where reasonably practicable)

More information

THE INJURED WORKER. The first step is to report the injury or illness to your employer.

THE INJURED WORKER. The first step is to report the injury or illness to your employer. THE INJURED WORKER Who is entitled to workers compensation benefits? If you have an injury or illness caused by your job you may be entitle to workers compensation benefits, which are provided for you

More information

Who Administers the Workers Compensation Program and Related Responsibilities?

Who Administers the Workers Compensation Program and Related Responsibilities? What is Workers Compensation? Who Administers the Workers Compensation Program and Related Responsibilities? Who is Eligible for Workers Compensation? What Coverage is Provided? What is a Compensable Injury?

More information

STATE OF VERMONT AGENCY OF HUMAN SERVICES DEPARTMENT OF CORRECTIONS. Directive: 393.01

STATE OF VERMONT AGENCY OF HUMAN SERVICES DEPARTMENT OF CORRECTIONS. Directive: 393.01 STATE OF VERMONT AGENCY OF HUMAN SERVICES DEPARTMENT OF CORRECTIONS Directive: 393.01 Subject: Inmate Workers Compensation Effective Date: June 15, 1994 Review and Re-Issue Date: Supersedes: NEW APA Rule

More information

PERMANENT TOTAL DISABILITY

PERMANENT TOTAL DISABILITY Welcome to the West Virginia Workers Compensation Webinars! PERMANENT TOTAL DISABILITY West Virginia OFFICES OF THE INSURANCE COMMISSIONER June 20, 2008 THE PTD APPLICATION A Claimant cannot be considered

More information

NUTS & BOLTS OF OHIO S WORKERS COMPENSATION SYSTEM

NUTS & BOLTS OF OHIO S WORKERS COMPENSATION SYSTEM NUTS & BOLTS OF OHIO S WORKERS COMPENSATION SYSTEM It is neither charity, nor pension, nor indemnity, nor insurance, nor wages, though, if a definition of each and all of these terms were placed in parallel

More information

Revised May 2015. What Is Workers Compensation?

Revised May 2015. What Is Workers Compensation? This pamphlet provides an overview of the workers compensation system in the State of New Hampshire, including what is covered by workers compensation, what benefits are available, and what you should

More information

CALIFORNIA SENATE BILL 863 INTRODUCTION California SB 863 will change many aspects of the workers compensation system. This brief outline serves as a

CALIFORNIA SENATE BILL 863 INTRODUCTION California SB 863 will change many aspects of the workers compensation system. This brief outline serves as a CALIFORNIA SENATE BILL 863 INTRODUCTION California SB 863 will change many aspects of the workers compensation system. This brief outline serves as a summary of some of the major changes which is meant

More information

MARCH 9, 2015. Referred to Committee on Commerce, Labor and Energy. SUMMARY Makes various changes relating to workers compensation.

MARCH 9, 2015. Referred to Committee on Commerce, Labor and Energy. SUMMARY Makes various changes relating to workers compensation. S.B. SENATE BILL NO. COMMITTEE ON COMMERCE, LABOR AND ENERGY MARCH, 0 Referred to Committee on Commerce, Labor and Energy SUMMARY Makes various changes relating to workers compensation. (BDR -) FISCAL

More information

EMPLOYEE FACTS IMPORTANT WORKERS COMPENSATION INFORMATION FOR FLORIDA S WORKERS

EMPLOYEE FACTS IMPORTANT WORKERS COMPENSATION INFORMATION FOR FLORIDA S WORKERS EMPLOYEE FACTS IMPORTANT WORKERS COMPENSATION INFORMATION FOR FLORIDA S WORKERS Please visit our website at www.fldfs.com/wc where you will find extensive information such as publications, a number of

More information

Arkansas Workers Compensation Questions & Answers

Arkansas Workers Compensation Questions & Answers Arkansas Workers Compensation Questions & Answers What is Workers' Compensation? Arkansas' no-fault com pensation law was created by an initiated act in 1939 to guarantee prom pt, automatic benefits to

More information

The Injured Worker a Practical Approach to Managing Workers Compensation, ADA and FMLA issues

The Injured Worker a Practical Approach to Managing Workers Compensation, ADA and FMLA issues The Injured Worker a Practical Approach to Managing Workers Compensation, ADA and FMLA issues One of the most perplexing and treacherous aspects of managing a workforce is the handling of an employee who

More information

An Employee s Guide to the Missouri Workers Compensation System

An Employee s Guide to the Missouri Workers Compensation System An Employee s Guide to the Missouri Workers Compensation System Missouri Department of Labor and Industrial Relations Division of Workers Compensation Important Information You may want to put names and

More information

MARITIME WORKER JOB RELATED INJURY

MARITIME WORKER JOB RELATED INJURY JEFFREY S. MUTNICK, P.C. jmutnick@mutnicklaw.com Admitted in Oregon MARITIME WORKER JOB RELATED INJURY As a maritime worker, your employer must provide compensation for job-related injuries. This entitlement

More information

INDUSTRIAL COMMISSION OF ARIZONA

INDUSTRIAL COMMISSION OF ARIZONA INDUSTRIAL COMMISSION OF ARIZONA WORKERS COMPENSATION INFORMATION FOR THE INJURED WORKER Phoenix Office: Industrial Commission of Arizona 800 W. Washington Street Phoenix, Arizona 85007-2922 Claims Phone:

More information

BENEFIT NOTICE INSTRUCTION MANUAL

BENEFIT NOTICE INSTRUCTION MANUAL Division of Workers' Compensation BENEFIT NOTICE INSTRUCTION MANUAL Title 8, California Code of Regulations, Sections 9810 through 9815 (Revisions effective January 1, 2016) January 2016 CONTENTS English

More information

What You Should Know About Your Workers Compensation Rights. KELLEY & FERRARO Attorneys at Law 888.839.8479

What You Should Know About Your Workers Compensation Rights. KELLEY & FERRARO Attorneys at Law 888.839.8479 KELLEY & FERRARO Attorneys at Law 888.839.8479 What You Should Know About Your Workers Compensation Rights REGARDING OCCUPATIONAL DISEASES, INCLUDING EXPOSURE TO ASBESTOS AND OTHER TOXIC SUBSTANCES Kelley

More information

GEORGIA WORKERS' COMPENSATION Explanation of Basic Procedures

GEORGIA WORKERS' COMPENSATION Explanation of Basic Procedures GEORGIA WORKERS' COMPENSATION Explanation of Basic Procedures A. Initiating Claim 1. Accident must arise out of, and in the course of, employment (O.C.G.A. 34-9-1). a. "Arising out of" means what the employee

More information

Work Injury Compensation Act. A Guide to the Work Injury Compensation Benefits and Claim Process

Work Injury Compensation Act. A Guide to the Work Injury Compensation Benefits and Claim Process Work Injury Compensation Act A Guide to the Work Injury Compensation Benefits and Claim Process Foreword This booklet provides a brief guide to the Work Injury Compensation Act which replaces the Workmen

More information

A BRIEF OVERVIEW OF THE BENEFITS AND PERILS OF THE VIRGINIA WORKERS COMPENSATION ACT

A BRIEF OVERVIEW OF THE BENEFITS AND PERILS OF THE VIRGINIA WORKERS COMPENSATION ACT A BRIEF OVERVIEW OF THE BENEFITS AND PERILS OF THE VIRGINIA WORKERS COMPENSATION ACT If you were injured at work or know a family member or friend who was injured at work, I hope that the following information

More information

Municipal Clerks and City Administrators Institute August 28, 2014. April 2008 Alabama Department of Industrial Relations

Municipal Clerks and City Administrators Institute August 28, 2014. April 2008 Alabama Department of Industrial Relations Municipal Clerks and City Administrators Institute August 28, 2014 April 2008 Alabama Department of Industrial Relations Alabama Department of Labor Donald.Harrison@labor.alabama.gov (205) 917-1151 April

More information

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT NASHVILLE ( November 30, 2000 Session)

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT NASHVILLE ( November 30, 2000 Session) IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT NASHVILLE ( November 30, 2000 Session) ANGELA McCOIN v. LUMBERMENS MUTUAL CASUALTY COMPANY and WILSON SPORTING GOODS, INC.

More information

Chapter 7. Permanent Disability Benefits

Chapter 7. Permanent Disability Benefits What are permanent disability benefits? Most workers recover from their job injuries. But some continue to have problems. If your treating doctor says you will never recover completely or will always be

More information

Guide. to Recovery Under The Illinois Workers Compensation Act. The Injured Employee s

Guide. to Recovery Under The Illinois Workers Compensation Act. The Injured Employee s The Injured Employee s Guide to Recovery Under The Illinois Workers Compensation Act Prepared By: Romanucci & Blandin, LLC 33 North LaSalle Street, 20th Floor Chicago, Illinois 60602 Toll Free: 888.458.1145

More information

Gray, Kimberly v. Fresenius Medical Care

Gray, Kimberly v. Fresenius Medical Care University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Court of Workers' Compensation Claims and Workers' Compensation Appeals Board Law 3-9-2016 Gray, Kimberly v.

More information

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT JACKSON (May 23, 1997 Session) NO. 02S01-9612-CV-00105

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT JACKSON (May 23, 1997 Session) NO. 02S01-9612-CV-00105 IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT JACKSON (May 23, 1997 Session) SHARON RIVERS, Plaintiff/Appellee, VS. CIGNA PROPERTY AND CASUALTY COMPANIES, Defendants/Appellant.

More information

28/08/2014. The Structure Workplace Injury Rehabilitation and Compensation Act 2013 Act of Parliament

28/08/2014. The Structure Workplace Injury Rehabilitation and Compensation Act 2013 Act of Parliament Janis Veldwyk At the end of the workshop participants should: Be more familiar with the Workplace Injury Rehabilitation and Compensation Act 2013 Know Employer and employee obligations with relation to

More information

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT NASHVILLE November 28, 2011 Session

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT NASHVILLE November 28, 2011 Session IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT NASHVILLE November 28, 2011 Session ROCHELLE M. EVANS v. FORD MOTOR COMPANY Appeal from the Chancery Court for Davidson County

More information

WC 101 : From Injury to Closure WC Claim Rights & Responsibilities Jennifer Flood, Ombudsman for Injured Workers Lisa Wilch, Claims Director SAIF Corporation Today s Session Claim filing Claim decisions

More information

Summary of New South Carolina Workers Compensation Laws For Injuries On or After July 1, 2007

Summary of New South Carolina Workers Compensation Laws For Injuries On or After July 1, 2007 Summary of New South Carolina Workers Compensation Laws For Injuries On or After July 1, 2007 Appeals o 1-23-600(D): Cuts out the Circuit Court chain of appeal. Appeals from the Full Commission go directly

More information

A GUIDE TO INDIANA WORKER S COMPENSATION

A GUIDE TO INDIANA WORKER S COMPENSATION A GUIDE TO INDIANA WORKER S COMPENSATION 2004 EDITION MACEY SWANSON AND ALLMAN 445 North Pennsylvania Street Suite 401 Indianapolis, IN 46204-1800 Phone: (317) 637-2345 Fax: (317) 637-2369 A GUIDE TO INDIANA

More information