Things you should know

NCCI reports medical facility services largest driver of comp cost increases

According to new NCCI research, two factors help explain the changes in medical facility costs: the amount paid per visit and the number of visits per claim. Across facility types, increases in the amount paid per visit were the main drivers of increased facility costs for the past decade, with hospital outpatient services the most prominent contributor to the increase in facility costs.

Chemical Safety Board reminds facility operators of best practices for wintertime

Alarmed by a recent surge of events involving the incidental release of chemicals during cold weather, the Chemical Safety Board is reminding facility operators of process safety management best practices for wintertime operations.

PTSD and mental injury presumptive bills proliferate in 2023 legislative session

This year, several states have introduced legislation to expand or enhance workers compensation benefits for employees who suffer mental injuries by presuming they are suffered in the course of their work, with most focused on first responders. Other states continue to introduce COVID-related presumptions.

Connecticut

• H.B. 5184 would add 911 dispatchers to the PTSD presumption for first responders.
• S.B. 491 and S.B. 91 would add benefits for police officers, parole officers, or firefighters suffering post-traumatic stress disorder after a "qualifying event," which includes witnessing death and grave injuries, to include "all employees covered by workers compensation law."
• H.B. 6284 would call for the existing PTSD presumption to include police technicians.
• H.B. 6272 would require that workers compensation death benefits "keep up with the cost-of-living and inflation rates."
• H.B. 6366 would extend benefits to volunteer emergency medical service personnel, first responder dive teams, K9 search and rescue personnel, and dispatchers.
• H.B. 6370 would add video technicians who review and process police body camera footage.
• H.B. 5857 would make cancer in professional and volunteer firefighters a presumptive line-of-duty injury or cause of death and would make firefighters eligible for workers comp and other benefits.

Florida

• H.B. 337 adds crime scene investigators and 911 dispatchers to the list of professionals who qualify for the presumption of post-traumatic stress disorder if they witnessed or responded to qualifying events.

Indiana

• H.B. 1136 would create a state-funded program to provide unspecified income and mental health services to first responders who have been involved in "a qualified critical incident."

Mississippi

• S.B. 2624 would create a PTSD presumption for first responders and, as an alternative to workers compensation when applicable, paid mental health services and 30 days paid time off, the costs of which would be capped at $7,500 annually.
• H.B. 784 would amend the state's First Responders Health and Safety Act to provide that cancer benefits issued to first responders are paid by the Attorney General's Office from funds appropriated by the legislature and no longer through money from insurance policies.

Missouri

• H.B. 568 would provide workers compensation presumptions for first responders for heart disease, certain cancers, hypertension, and various infectious diseases.

Nebraska

• Legislative Bill 5 would amend the state's workers compensation law to include mental injuries for first responders who experience workplace violence.
• Legislature Bill 501 would amend the workers compensation law to state that any cancer resulting in either temporary or permanent disability or death is recognized as an occupational disease and compensable.

New Hampshire

• S.B. 71 states that cancer diagnoses in firefighters are presumed to be occupationally caused, making active-duty, volunteer, and retired fire department members eligible to collect comp benefits.

New York

• Assembly Bill 2145, also known as the COVID-19 Injured Workers' Protection Act, would establish a COVID-19 presumption for public employee death benefits in cases where employees were required to physically report to work and ended up contracting the virus.

Virginia

• H.B. 1905 would create a presumption as to death or disability from back, hip, knee, and neck injuries for first responders who have worn a "duty belt" for at least five years.
• H.B. 1775 would add anxiety disorders and depression to compensable mental injuries suffered by those in law enforcement.
• S.B. 904, would also add such disorders to the PTSD presumption and add dispatchers to qualifying professionals, as would a separate bill, S.B. 1088.
• H.B. 1631 adds dispatchers as qualifying professionals.

West Virginia

• H.B. 2025 would eliminate language in the law that permits compensable diagnoses of post-traumatic stress disorder to allow for all "licensed mental health providers" to diagnose post-traumatic stress disorder, and not just "psychiatrists."
• H.B. 2128 and S.B. 79 would expand rebuttable cancer presumptions for firefighters to include bladder cancer, mesothelioma, and testicular cancer.

This flurry of activity is like that in 2022 when more than 60 bills were introduced, however, only three states enacted laws, according to the National Council on Compensation Insurance. The uncertainty of the cost and potential for abuse are major barriers.

Marijuana legalization bills proposed in Kentucky, Minnesota

In Minnesota, which legalized medical marijuana in 2014, lawmakers introduced Senate Bill 73, which would fully legalize marijuana for recreational use and would create an Office of Cannabis Management to regulate the program. It would also prohibit employers from terminating, disciplining, or discriminating against workers who test positive for marijuana.

In Kentucky, legislators introduced Senate Bill 51, a dual-purpose measure that would make cannabis legal both medically and recreationally.

MSD Solution Lab issues report on prevention of musculoskeletal disorders

A new white paper from the MSD Solutions Lab, "Preventing Work-Related Musculoskeletal Disorders: A Systematic Review of Current Interventions and Future Research Directions" addresses what's working, what's not, and what's on the horizon for preventing the most prevalent workplace injury, musculoskeletal disorders.

Most construction worker deaths are older workers: CPWR

According to a new report from CPWR, The Center for Construction Research and Training, of the 224,400 construction worker deaths recorded in 2020, 60 percent were at least 65 years old. Findings show that the majority were non-Hispanic (88 percent), white (87 percent), and male (96 percent). The causes of death varied by age group.

CDC identifies industries that pose higher death risk from COPD

According to a new report from the Centers for Disease Control and Prevention, the three industries with the highest proportionate mortality ratios (PMR) were mining, accommodation and food service, and construction. Among occupations, those with the highest PMRs were food prep and serving, health care support, and construction and extraction. Workplace exposures such as secondhand smoke, vapors, dust, and fumes are likely contributing risk factors, and targeted intervention is needed.

Study finds three days of opioids post-discharge following surgery effective

A study of post-operative patients found that pain management involving three days or less of post-surgery opioid prescriptions was effective at managing pain and outcomes, according to a report published in JAMA Oncology.

Marijuana for chronic pain helps cut down on opioid use: Study

Chronic pain patients who have opted for medical marijuana as a treatment alternative have been able to significantly cut down on their use of opioid prescription medications and other drugs, according to a study in the JAMA Network Open.

Victims fear speaking up about workplace violence

Researchers from the International Labor Organization, Lloyd's Register Foundation, and Gallup surveyed more than 74,000 workers in 121 countries and territories about workplace exposure to physical, psychological, and sexual violence and harassment. Results show that 22.8 percent of the respondents experienced at least one form of violence or harassment, yet only 54.4 percent of the workers said they shared information about the experience with others, with women (61 percent) more likely than men (50 percent) to talk. The most common reasons for nondisclosure were "waste of time," "fear for your reputation," and unclear work practices.

State News

California

• The Workers' Compensation Institute (CWCI) released a Research Update Report, "Trends in the Utilization of Inpatient Care in California Workers' Compensation." CWCI members and subscribers can access the report.
• Division of Workers' Compensation suspended 261 comp providers in 2022, the highest number since the program began in 2016.

Florida

• The Division of Workers' Compensation made public a notice of a proposed change to its rules on post-traumatic stress disorder suffered by first responders who witness "grievous bodily harm of a nature that shocks the conscience" to include correctional officers.
• Every odd year, the Division of Workers' Compensation (DWC) reports to the Legislature on changes needed to the state's workers' comp system. The draft of the report recommends doing away with legislative ratification of fee schedules and urges the Legislature to update the statute regarding treatment guidelines for injured workers.
• The DWC has posted rule changes on physician dispensing of medication and insurers' notification and payment processing requirements.

Illinois

• Gov. Pritzker signed S.B. 1720, a budget implementation act for fiscal year 2023 that also creates the Warehouse Safety Standards Task Force.
• The legislature passed the Paid Leave for All Workers (PLFAW) Act, making it the third state (after Maine and Nevada) to require private employers to provide earned paid leave to employees for any reason. Governor Pritzker announced he will sign the legislation, which will be effective Jan. 1, 2024.

Massachusetts

• Workers' Compensation Rating and Inspection Bureau proposed a 4.0 percent decrease in average workers' compensation rates with a July 1 effective date.

New York

• Construction companies that are found criminally liable for worker injuries or deaths will face a fine of up to $1 million under a new bill (Carlos' Law) signed by Governor Hochul.
• S. 9149 and A. 10349 specify that no finding or decision from the Workers' Compensation Board, judge, or arbiter will have collateral estoppel effect in any other action or proceeding arising from the same occurrence, except for board determinations on the existence of an employer-employee relationship.
• Governor Hochul signed Senate Bill 8922 which seeks to prohibit warehouse operators from imposing onerous quotas on their workers that could lead to workplace injuries.
• Nearly a third of all workers infected with COVID-19 suffered or are suffering from long COVID, according to the New York State Insurance Fund.