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State of the States September 1, 2023




The U.S. Bureau of Labor Statistics (BLS) found agricultural work fatalities fell 10% in 2021, making it the lowest number since 2013.  “Over 90% of the agricultural workers fatally injured on the job in 2021 were men (121),” according to BLS.  White, non-Hispanic workers accounted for 71 fatalities and 52 were Hispanic or Latino.


The National Council for Compensation Insurance (NCCI) released the 2023 Regulatory and Legislative Trends report highlighting legislative, regulatory, and other trends in the workers’ compensation industry. They included two interactive dashboards in the data provided: 2023 Enacted Legislation and 2022-2023 Loss Cost/Rate Filing.


Enlyte released the 4th section of its Pharmacy Solutions Drug Trends Series Report this week. In this part, they look at “High Impact Classes” including topicals, compounds, and specialty medications. According to the report, in 2022, the number of injured workers utilizing topical went up 10.3% to 18.2%. The findings demonstrate a continued escalating trend over the last four years.


ODG by MCG released its latest white paper entitled Opioid Prescribing: Best Practices and Alternatives. The report looks at the evolution of the opioid crisis, CDC guidance on prescribing, best practices to avoid overdoses, and potential alternatives. To download the report, click here.


TXThe Texas Department of Insurance Division of Workers’ Compensation (TDI-DWC) announced dates and times for health care provider and insurance carrier quarterly meetings.  The September 20th meeting agendas include the following topics:

  • Compliance and investigations update
  • Health and safety update
  • Legislative update
  • Legal services update
  • Work Comp Research and Evaluation Group update
  • EDI update (insurance carriers only)
  • Business process update (health care providers only)

The agenda is here.

injured-workers-pharmacy-blog-kentuckyMedical providers who treat injured workers in Kentucky must bill the insurer within 45 days, even before a workers’ comp claim may be filed and before liability has been established, according to the Kentucky Supreme Court.  Eric Lamb, counsel for the Kentucky Workers’ Association, said this decision could make it more difficult for providers to get reimbursed and workers to be treated. Apparently, even though the ruling does interpret law as written, the courts had previously taken a lax approach to the 45-day billing rule, but the Supreme Court found the law to be clear and unambiguous.


CTGovernor Lamont held a press briefing this week to announce the new state law he enacted regarding workers’ compensation benefits for firefighters who develop cancer will take effect October 1, 2023. As previously reported, the law was approved by the Senate by a vote of 35-1 and in the House by a vote of 139-12. It creates a presumption that a firefighter’s cancer diagnosis results from their job. “Firefighting is an incredibly dangerous occupation, and those who enter this field do so out of a selfless devotion to protecting their communities,” Governor Lamont said. “Every time a firefighter goes into a fire, they are getting exposed to carcinogens and dangerous chemicals at a high rate. This new law will let firefighters and their families know that we support them and we want them to have access to the benefits they need just as they would receive for any other occupational injury or illness.”


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