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State of the States December 23, 2022

workplace fatalities

Workplace fatalities rose 8.9 percent in 2021 according to the Bureau of Labor Statistics.

NationalWorkplace fatalities saw an 8.9 percent jump in 2021, according to the U.S. Bureau of Labor Statistics. In total, 5,190 workers perished on the job in 2021, 426 more workers than in 2020. The fatal work injury rate now stands at 3.6 deaths per 100,000 full-time workers, the highest rate since 2016. While transportation incidents were regarded as the most common cause of workplace fatalities, workplace exposure from harmful substances and chemicals claimed the lives of 798 workers, the highest mark for the category in over a decade. 

Emergency room visits for initial medical services differed greatly in utilization amongst the states.

NationalAs of December 2022, 35 states have passed electronic-prescribing (e-prescribe) mandates. States including IN, NE, NH, WA & UT implemented new requirements mandating all controlled substances to be processed by electronic means in 2022. Meanwhile e-prescribe mandates passed in IL, MD & MI will go into effect at the beginning of 2023. It is estimated that 75 percent of the U.S. population reside in states where e-prescribe mandates are in place.

35 states now have e-prescribing measures in place as 2023 approaches.

 NationalEmergency room visits for initial medical services ranged significantly between 28 states surveyed. While Arizona and California saw a 14 percent utilization at the lower end of the study spectrum, other states such as Massachusetts recorded a high of 37 percent. Injured workers with sprains and strains were more likely not to visit the emergency room, whereas injured workers with lacerations and severe fractures were. Generally, injured workers who reside in states where they can choose their providers sought out emergency room visits more frequently for initial visits (soft tissue injuries) than in states where employers choose the provider(s). The average state saw a 25.33% utilization rate for emergency room initial services, according to WCRI findings from 2019 through 2021.

The Industrial Commission of Arizona (ICA) have restructured protocols within their ombudsman department.

injured-workers-pharmacy-blog-arizonaThe Industrial Commission (ICA) announced changes to operation protocols in the ombudsman’s office this week. With restructuring, the ombudsman’s office will consist of three individuals who will be able to provide timely responses to inquiries from injured workers and other stakeholders concerning potential or pending workers’ compensation claims. While the ombudsman’s office cannot provide legal advice, the office can direct those requiring such services to the appropriate attorney referral service. In a recent statement, the ICA said that the office will “facilitate communications between unrepresented injured workers, employers, carriers, adjusters and third-party administrators…and provide general information about the ICA administrative law judge hearing process.” 

LC169 filed this week for the 2023 legislative session aims to clarify eligibility in workers’ compensation.

injured-workers-pharmacy-blog-montanaLC169 prefilled this week for the 2023 legislative session aims to clarify workers’ compensation eligibility in the state. Bill language amending 39-71-407 states that injuries do not arise out of and in the course of employment when employees are “engaged in a an unpaid social or recreational activity, regardless of whether the employer pays for any portion of the activity or whether the activity occurs at the worksite of the employer.” If passed, the legislation would come into effect when enacted into law. Legislators convene for the start of the legislative session on January 2nd, 2023, and intend to conclude on or before May 11th.   

State regulators clarified that the Merative Micromedex Red Book should be utilized when determining average wholesale prices for prescription drugs within workers’ compensation.

injured-workers-pharmacy-blog-pennsylvaniaThe state Department of Labor & Industry gave notice that the Merative Micromedex Red Book is to be used to determine the AWP of prescription drugs in workers’ compensation. DLI officials posted the notice late last week. 

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