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State of the States January 19, 2024

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IWP State Icons GrayBlue _NationalNational – Carrier Chronicles released 5 Workers’ Compensation Trends to Watch in 2024. They included frequency rates, medical inflation, evolving presumptions, workplace violence and exclusive remedy. NCCI launched an online comp tool for industry information that will give work comp stakeholders a way to view state and national industry info.  It will show work comp rates, loss costs, current rules, and future regulations. leaders.

 

IWP State Icons GrayBlue _ArizonaArizona A new bill, HB 2492, would add dispatchers to post-traumatic stress disorder (PTSD) presumptions.  It would replace the term “policemen” with “peace officers” and clarify that EMTs, paramedics, firefighters, and public safety telecommunicators qualify. It also adds to the list of qualifying events: use of deadly force, witnessing the death of another employee and being exposed to a “psychologically traumatic event or series of psychologically traumatic events.”  

 

IWP State Icons GrayBlue _TexasTexas TDI recently released the results of its 2023 Health Care Provider Performance Based Oversight (PBO) assessment. Health care practitioners are assessed on:

    • documentation of off-work status supporting how the injured employee’s medical condition prevents them from returning to any work as reported on the DWC Form-073, Work Status Report;
    • completeness of the DWC Form-073; and,
    • designated doctors’ timeliness of filing the DWC Form-069, Report of Medical Evaluation with DWC.

IWP State Icons GrayBlue _Virigina-1Virginia SB 520 would define occupational disease to include “injuries or diseases from conditions resulting from repetitive and sustained physical stressors, including repetitive and sustained motions, exertions, posture stresses, contact stresses, vibrations or noises.”



IWP State Icons GrayBlue _West VirginiaWest Virginia SB 170 passed the Senate last Friday.  It would expand the list of cancers presumed to be compensable under work comp for firefighters. It adds bladder, testicular, and mesothelioma to the list. The Senate voted 32-0 to send the bill to the House.

 

IWP State Icons GrayBlue _RhodeIslandRhode Island HB 7173 would preclude employers from taking action against an employee who filed and exercised a right under a work comp claim, unless it was considered fraud.  “An employer found to have violated his section shall be exclusively liable to pay to the employee lost wages, shall grant the employee suitable employment and shall reimburse such reasonable attorneys’ fees incurred in the protection of rights granted as shall be determined by the court.” The bill currently sits in the House Labor Committee.  SB 2059 would apply the state’s PTSD presumption in events “involving the protection or the rescue of human life while off-duty.”

IWP State Icons GrayBlue _NewJerseyNew Jersey – Governor Murphy recently signed AB 5909 into law. The bill provides workers’ compensation coverage for part-time and volunteer firefighters, police officers and first aid or rescue squad members.

 

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