Things you should know

California moves toward including COVID-19 in experience rating

California, often considered a bellwether, is moving towards including COVID-19 claims in employers' experience rating later this year. The Workers' Compensation Insurance Rating Bureau (WCIRB) Governing Committee unanimously approved the filing and proposed revisions to the Unit Statistical Reporting Plan and Experience Rating Plan effective Sept. 1. Claims with an accident date from Dec. 1, 2019 to Aug. 31, 2022, would still be excluded. The regulatory filing will be submitted to the California Insurance Department soon.

Rand study explores the pros and cons of including COVID-19 in workers comp

The article, COVID-19 and Workers' Compensation: Considerations for Policy Makers (RAND, January 2022), presents the arguments for and against Workers Compensation coverage for COVID-19. It also poses several important questions for policymakers and regulators.

FMCSA launches online Training Provider Registry

The Federal Motor Carrier Safety Administration (FMCSA) launched its online Training Provider Registry on Feb. 7, the "final step" of a 2016 rule on minimum training requirements for entry-level commercial motor vehicle drivers. The Training Provider Registry lists training providers who have self-certified their compliance with federal training requirements. It also keeps a record of all individuals who have completed the required entry-level driver training.

Four states introduced presumption bills for first responders in February

In Florida, which has had a presumption in place since 2018, H.B. 689 would amend existing statutes to provide first responders more time to file such claims. H.B. 855 in Georgia would provide coverage for first responders for post-traumatic stress disorder arising in the course of employment and S.B. 342, pending in the Georgia Senate, would establish the Mental Health Parity Act. H.B. 3899 in Oklahoma and H.B. 274 in Alabama would provide PTSD and other mental injury coverage for first responders.

New study suggests regulatory system for providing respiratory protection is too narrow

In a new report the National Academies of Sciences, Engineering and Medicine is calling for two separate respiratory protection frameworks - one for workers, and one for the public - amid the COVID-19 pandemic and beyond. It notes the current regulatory system is focused primarily on ensuring access to respiratory protection in occupational settings characterized by well-defined hazards and employer-employee relationships. With this narrow regulatory focus, the respiratory protection needs of the public and many workers are not being met.

MedRisk's 2022 Trends Report highlights the value of early physical therapy

Managed care organization, MedRisk, recently released its 2022 industry trends report, which re-emphasized the ways timing and type of physical therapy directly influence workers compensation claim outcomes.

New study finds proactive recovery intervention can moderate stress and sleep problems

A study of newly graduated registered nurses (RNs) in the Occupational & Environmental Medicine Journal found a proactive recovery intervention could ease the development of sleep problems, burn-out, fatigue, or somatic symptom.

Spinal cord injuries linked to mental health issues: study

Adults with a spinal cord injury have a higher incidence of and risk for common psychological morbidities such as depression and anxiety, according to a study by University of Michigan, Michigan Medicine and published in February in the medical journal, Spinal Cord. People living with a spinal cord injury were diagnosed with a mental health condition more often than those without the injury - 59.1% versus 30.9%.

State News

California

• COVID-19 supplemental paid sick leave (SPSL) is in effect again, retroactive to January 1, 2022, and continuing through September 30, 2022. The Division of Labor Standards Enforcement (DLSE) has published FAQs to provide guidance.
• The Division of Workers' Compensation (DWC) announced that an emergency rule providing a mechanism for electronic service of medical-legal reports expired by operation of law. While the division is pursuing permanent rulemaking, medical-legal reports and documents will have to be served as required in Regulation 36.
• As of Feb. 7th, 224,201 claims for COVID-19 have been filed in California, including 1,327 deaths. CWCI reports 153,688 claims or 68.5%, were accepted and 70,513 or 31.5%, were denied.
• DWC announced changes to its hospital and physician services fee schedule to conform to changes in Medicare.

Minnesota

• Gov. Tim Walz signed into law a bill extending for another year the presumption that COVID-19 is compensable for frontline workers.
• Department of Labor and Industry reminds employers that the requirement to report any injury that partly or completely incapacitates someone from working for more than three calendar days also applies to COVID-19 cases that may have occurred at work.

Mississippi

• Gov. Tate Reeves signed S.B. 2095 that would permit the use of medical marijuana but would not require insurers to pay for it. This makes Mississippi the 37th state to permit the use of medical cannabis under certain conditions.

Ohio

• The Bureau of Workers' Compensation is proposing a 10% rate cut for private employers that would take effect in July.

Tennessee

• Changes to the rules governing the Court of Workers' Compensation Claims and Alternative Dispute Resolution are in effect. For a summary of the changes.