Things you should know

New report on indicators of workplace violence

Workplace violence led to nearly 18,000 deaths over a recent 27-year period, according to a recently published report, Indicators of Workplace Violence, 2019 from NIOSH and two other federal agencies. The report presents 13 indicators of workplace violence and information by state.

EPA issues final rule on hazard communication

The Environmental Protection Agency (EPA) has issued a final rule intended to ensure workers "have access to clear and consistent information about the risks they may face from toxic substances."

Mine violations tracker map

Fisher Phillips launched a mine violations tracker map, which provides data on MSHA enforcement actions based on location and mine type - and can also dive deeper to examine information about negligence levels, types of violations, and most cited standards for mines across the country.

State News

California

• For a third consecutive year, Insurance Commissioner Ricardo Lara rejected a proposed increase to the workers compensation advisory pure premium rate and ordered the rate remain unchanged at $1.45 per $100 of payroll. He also rejected a request from the Workers' Compensation Insurance Rating Bureau to begin incorporating COVID-19 claims in ratemaking.
• The Division of Workers' Compensation (DWC) announced the emergency regulation Section 46.3 that allows for medical-legal evaluations utilizing telehealth and office location flexibility resulting from various measures related to COVID-19, which was set to expire on July 18, 2022, has been extended until October 18, 2022.
• Payments for medical-legal services used to resolve medical disputes over compensability issues in workplace injury claims have risen "sharply" under the new medical-legal fee schedule that took effect in 2021, according to a California Workers' Compensation Institute (CWCI) study.
• Private self-insured frequency hit a 14-year high in 2021 according to the CWCI.
• CWCI expresses concerns about proposals to reduce work comp investigation timelines.

Florida

• The Division of Workers' Compensation published a notice in the Florida Administrative Register announcing plans to review physician dispensing rules. A workshop is scheduled for Sept. 29 to discuss the rulemaking efforts.

Georgia

• Act 809, Classification of Employees for Unemployment Benefit Purposes, went into effect July 1 and expands the types of workers who may be able to claim unemployment benefits. It changes the definition of employment to include "services performed by an individual for wages." The nature and scope of the individual's work, as well as control, will determine the existence of the employer-employee relationship. Employers must understand, critically evaluate and document the classification of workers as employees or independent contractors or face costly consequences for unlawful classification.
• Effective July 1, the maximum temporary total disability and permanent partial disability rates increased from $675 per week to $725 per week, while the maximum temporary partial disability rate increased to $483 per week. In addition, the maximum benefit payable to a surviving spouse with no other dependents increased to $290,000.

New York

• A new law, S9096/A10078, allows the state's workers compensation insurer of last resort to issue a policy to a former policyholder even when that business has an unpaid balance from a previous policy.
• The rating bureau (NYCIRB) published the rating values that will be applied for the new experience rating plan that takes effect 10/1/22.

Tennessee

• While many elements of the Return Employees to Work and Reduce Disabilities (REWARD) program developed by the Bureau of Workers' Compensation have been up and running this year, the Certified Physician Program is being launched this summer.
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Virginia

• Effective July 1, 2022, the mileage reimbursement rate will increase from $.585 per mile to $.625 per mile. The maximum compensation rate is $1,290 and the minimum is $322.50.

West Virginia

• The Insurance Commissioner issued a bulletin reminding workers' compensation stakeholders about statutory changes that took effect in July on claims and adjudication of claims.
• The National Council on Compensation Insurance (NCCI) filed a proposed workers compensation loss cost decrease of 7.2 percent, effective Nov. 1.

Wisconsin

• The Department of Workforce Development reported employers in the state will pay an average of 8.47 percent less for workers' compensation coverage, starting Oct. 1.