Things you should know

DOL's Wage and Hour Division and NLRB enter into Memorandum of Understanding

On January 6, the DOL's Wage and Hour Division and the National Labor Relations Board (NLRB) announced a memorandum of understanding (MOU) between the agencies to share information, collaborate, and coordinate on investigations of potential violations of federal labor and employment laws. The MOU places particular emphasis on worker misclassification (independent contractor and joint-employment relationships) and retaliation.

Insights about serious injuries and fatalities

ISN, a provider of online contracting and supplier management services, released its latest Serious Injuries and Fatalities (SIFs) Insights White Paper, which analyze more 60,000 recordable incidents from 2018, 2019, and 2020.

Highlights of the report:

• A higher number of SIFs are seen during the summer months, particularly July (average of 587 monthly incidents across the three years analyzed) and August (average of 579 monthly incidents). This may be the result of extended hours of sunlight that permit longer working hours, potentially resulting in fatigue among workers.
• 42% of all SIFs in 2020 occurred among contractors in the Construction industry, followed by contractors in the Administrative Support, Waste Management and Remediation industry (29% of SIFs).
• The statistically significant leading indicators that had a strong correlation to higher SIF rates included operating a commercial vehicle, receiving a citation within the last three years, bringing chemicals on site, rigging material handling, and working at heights of six feet or higher.

Over 34,000 claims denied for injured workers with Medicare Set Asides

A study by Ametros Financial found that over 34,000 claims per year were denied to Medicare beneficiaries post-settlement because Workers Compensation Medicare set aside funds were responsible for the payments. A "Study of CMS Policy on Treatment Denials for Injured Workers with a Medicare Set Aside" provides a state-by-state chart of denial breakdowns along with definitions and explanations of the Medicare Secondary Payer and MSA terms, how CMS tracks MSAs, and MSA post-settlement administration and compliance obligations.

New suicide prevention lifeline

The Substance Abuse and Mental Health Services Administration is helping to transition the National Suicide Prevention Lifeline to a three-digit number - 988. The 988 number is scheduled to be available for calling, texting, or chatting nationwide beginning in July.

Medical instrument sterilization workers may be exposed to blood, tissue, and fluids

A new study suggests that personnel who process reusable medical instruments and equipment may be frequently exposed to tissue, blood, and patient fluids even when wearing recommended personal protective equipment (PPE). The findings detail the results of a pilot project evaluating splash generation during processing activities in equipment decontamination areas.

State News

California

• The Division of Workers' Compensation (DWC)'s emergency regulation for Medical-Legal Evaluations became effective on January 18, 2022, and will expire on July 19, 2022, with two possible 90-day extensions.
• Workers' Compensation Institute (CWCI) reports the omicron variant drove a one-month 172% increase in COVID-19 claims in December. COVID death claims accounted for 39.4% of the 836 death claims reported thus far for AY 2021.

Massachusetts

• The Workers' Compensation Rating and Inspection Bureau is recommending a 2.7% increase in average rates effective July 1.

Michigan

• Gov. Gretchen Whitmer enacted legislation that will allow part-time, paid on-call and volunteer firefighters to suspend a workers' compensation claim and instead receive benefits from the First Responders Presumed Coverage Fund for cancer of the respiratory tract, bladder, skin, brain, kidney, blood, prostate and thyroid. The bill also applies to breast, testicular, ovarian, lymphatic and non-HPV cervical cancer.

New Jersey

• Gov. Phil Murphy signed legislation that covers injuries in parking areas. If an employer provides or designates a parking area for use by an employee, employment commences when the employee arrives at the parking area before reporting to work. The measure also declares that employment terminates when the employee leaves the designated or provided parking area.

New York

• Workers' Compensation Board launches free webinar series to help workers who believe they contracted COVID-19 at work, especially those suffering from so-called "long-haul" symptom.
• Workers' Compensation Board webinar series for employers posted.
• The Workers' Compensation Board announced emergency rules allowing telemedicine in some circumstances that will be in effect for the next three months.

North Carolina

• Struck-by incidents caused the largest number of non-COVID-19 work-related deaths last year according to the N.C. Department of Labor (NCDOL). The department's Occupational Safety and Health (OSH) Division inspected 49 non-COVID-19 work-related fatalities in 2021. The division also inspected 25 cases reported as deaths related to COVID-19.

Virginia

• Workers' Compensation Commission's 2022 Medical Fee Schedules and Ground Rules are in effect.

West Virginia

• The 2021 West Virginia Legislative Session produced a major change for West Virginia workers' compensation litigation in the West Virginia Appellate Reorganization Act of 2021. Senate Bill 275 creates an Intermediate Court of Appeals for West Virginia, and eliminates the Workers' Compensation Office of Judges ("OOJ") and establishes the West Virginia Workers' Compensation Board of Review ("BOR") as the initial reviewing body for objections to decisions made by insurers regarding workers' compensation claim.