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State of the States June 30, 2023

working in the heat

OSHA emphasizes use of heat safety plans as the summer heats up

NationalFederal authorities from the Occupational Health & Safety Administration (OSHA) are once again reminding employers to adhere to a heat safety plan with the arrival of summer weather. The agency is particularly worried about warm work conditions in the South and parts of the Midwest. Officials say that 50 to 70 percent of heat-related injuries occur in the first few days of working in a hot climate, as the body requires a tolerance to heat to grow gradually. Bureau of Labor Statistics (BLS) data shows 56 fatal job-related injuries and 2,330 illnesses requiring time off work occurred in 2020. OSHA personnel hope to increase training for high-risk occupations, including agriculture, construction, landscaping, package delivery, oil/gas operations, indoor baking/kitchens, iron and steel mills, manufacturing, and warehouse work. 

A new report from Travelers Insurance reveals that age plays a significant role regarding injury severity  

NationalInsurance Journal’s newest webinar discusses shifting workplace demographics. Data from Travelers Insurance shows that first-year employees account for over a third of claims despite being just 20 percent of the workforce. Although novice workers are at the highest risk of injury, the report focuses on claim severity, determining age as a primary factor. While maintaining a lower injury frequency, older workers ultimately incur higher cost severity than younger workers with similar injuries. According to the report, injury severity could soon increase with an anticipated aging workforce. The figures also touched on remote work, observing that just one percent of Traveler's claims came from work-from-home employees.   

  State leaders approved legislation expanding coming and going protections for 911 dispatchers

injured-workers-pharmacy-blog-connecticutGovernor Ned Lamont approved legislation this week to enhance workers’ compensation protections for 911 dispatchers. While most jobs do not cover employees traveling to and from work, known as “coming and going” rules, HB6721 will extend coverage to 911 dispatchers for certain situations. Bill language would cover 911 dispatchers traveling to and or from work when called into work for emergency needs or when working two consecutive overtime-mandated shifts. This coverage is currently granted to other first responders, including police officers, firefighters, and correctional officers. HB6721 will go into effect on October 1st of this year.  

  Legislation signed into law by the Governor could improve transparency and accountability protocols in the state workers’ compensation system

injured-workers-pharmacy-blog-nevadaSB274 was signed into law in mid-June following numerous committee hearings and language tweaks. The bill could help speed up claim review by permitting outside adjusters and providing enhanced transparency measures in the state workers’ compensation system. Bill language also increases penalties on bad-faith actors. An employer, MCO, or carrier who commits a bad faith violation are currently fined a benefit penalty of a minimum of $5,000 and up to a maximum of $50,000. Revised language will make the minimum benefit penalty commence at $17,000 and establish a maximum fine of $120,000. The bill received public interest as a former Sheriff’s Deputy lobbied for the law. Sections 1 to 22 of the bill will become effective immediately, remaining bill language will go into effect on January 1, 2024. 

Lawmakers introduced a bill that would increase claimant attorney fees  

injured-workers-pharmacy-blog-new-jerseyA bill introduced this week would allow claimant attorneys to collect higher fees. A5659 would permit claimant attorneys to collect contingency fees up to 25 percent. The bill’s sponsor believes that the increase is needed as claimant attorneys are taking on additional duties due to statutory and regulatory changes on both the state and federal levels. Physician fees for medical reports would also improve under A5659 from $600 to $1000. The legislation is currently under review in the Assembly’s Labor Committee.  

State regulators are proposing billing and reimbursement adjustments for physicians to help improve provider participation in workers’ compensation  

injured-workers-pharmacy-blog-texasThe state’s Division of Workers’ Compensation (DWC) seeks input regarding its proposed changes to designated doctor billing and reimbursement procedures. Proposed rules would adjust the fees annually in accordance with the Medicare economic index (MEI), round fees to whole dollar figures, and create a fee of $100 for missed appointments. A 28 percent increase in fees insurers pay for required medical, treating doctor, and referral doctor examinations would also be included under the proposal. Division personnel created the rules to attract more physicians to serve as designated doctors within the workers’ compensation system following multiple stakeholder meetings in 2022. Comments on the DWC’s rule draft will be accepted until 5PM on July 26. 

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