Workers' Compensation Emerging Issues Analysis

A unique compendium of trends, issues, and cases to help you track developments on the national level and in every state

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2020 Edition
ISBN: 9781663304407
Estimated: December 29, 2020
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2020 Edition
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Estimated: December 29, 2020
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2020 Edition
ISBN: 9781663304414
Estimated: December 29, 2020
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“A read through this book constitutes total immersion in the area. It includes not only a briefing on legal issues arising throughout the country, but reviews the risk management, safety, and medical issues that are so important to the workers’ compensation field…[A]ttorneys who focus on litigation would profit deeply by studying the new LexisNexis book. This is not simply because of the general enrichment that follows, but because the reader will become more sophisticated with regard to the workers’ compensation system as a whole. The Lexis-Nexis Emerging Issues Analysis: if you’re trying to climb the ladder of success, this is the type of book that will get you there. ”
-Hon. David B. Torrey, Workers’ Compensation Judge, Pennsylvania

“The Workers' Compensation Emerging Issues Analysis is one of the most comprehensive collections of articles impacting the industry that I have read. These articles, coupled with the state-by-state legislative analysis and case review, make this book a must read for anyone seeking to gain a deep understanding of the issues impacting the workers' compensation industry.”
-Mark Walls, Vice President Communications & Strategic Analysis, Safety National

“This is an excellent reference guide. I like how it is broken down by State and subject respectively. ”
-Anthony Pisciotta, Area Vice President-Claims, Arthur J. Gallagher & Co.

"Monitoring the constant wave of legislative activity across this nation is one thing. Making it clear and understandable is quite another. Lexis has done an excellent job of both with the 'Workers' Compensation Emerging Issues Analysis'. Their choice of local experts is superb, and they provide both clear recap and commentary, giving clarity to what was, legislatively, a very tumultuous year."
-Robert H. Wilson, President & CEO, WorkersCompensation.com, LLC

"Anyone who wants to keep up with the pulse of the workers' comp industry would be wise to get their hands on a copy of this fabulous resource!"
-Rebecca A. Shafer, JD, President, Amaxx Risk Solutions

"Larson's Emerging Issues is a MUST for all workers' compensation professionals, be they policy makers, adjudicators, claims specialists or attorneys. Not only is the state-specific analysis engrossing, but it also provides insight and potential solutions for a highly complex system as it continues to evolve to meet present-day challenges."
-Susan V. Hamilton, Former Deputy Commissioner, Workers' Compensation Appeals Board, San Francisco, CA

A Unique Compendium of Issues, Trends & Cases

50 State Survey At a Glance

Detailed, In-Depth Analysis and Insight

Keep track of how the workers' compensation landscape is changing:

Workers' Compensation Emerging Issues Analysis, part of the Larson Series, is an essential tool for the insurance industry, corporate risk managers, policy makers, and lawyers to understand what changes are being contemplated on the national level as well as in every state. Everything you need to know about workers' compensation for the past year is contained in this compendium of legal issues and cases.

Legal analysis by Thomas A. Robinson, co-author for Larson's Workers' Compensation Law, and others highlight the discussions within the industry and important cases.

Who should use this resource:

•  Producers and Executives at brokers, TPAs or service providers preparing for client stewardship meetings
•  Claim Supervisors handling or overseeing multiple states
•  Corporate Risk Managers needing critical information to help develop a forward-looking risk management plan
•  Lawyers advancing the rule of law in the workers' compensation setting
•  Legislatures and policymakers seeking to improve their state's workers' compensation system


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Authors / Contributors

Table of Contents

PART I. EXPERT ANALYSIS AND COMMENTARY
A. COVID-19 Pandemic

§ 1 Workers’ Compensation and the Telecommuter, by Michael I. Fish, with Payton Ford
§ 2 Overcoming the COVID-19 Presumption: Latency, AOE/COE, and Proximate Cause, by Brenna Hampton, William Davis, Kelsey Paddock, and Richard Berryhill
§ 3 Communicable Diseases and Workers’ Compensation: Critical Factors for Determining Compensability, by Luke A. West and Heather T. Baker
§ 4 Back to Business After COVID-19: Expanding the Claims Landscape Beyond the Grand Bargain, by Karen C. Yotis
§ 5 Workers’ Compensation Industry Continuity in the COVID-19 Era: Businesses Battling a Global Pandemic, by Marianne Tancor
§ 6 Pain Management and Wellbeing During the COVID-19 Pandemic and Beyond, by Marianne Tancor
§ 7 Impact of COVID-19 on Workers’ Compensation: The Experts Weigh In, by Marianne Tancor
§ 8 Leave of Absence, Return to Work and Access to Medical Care During the Pandemic and Beyond, by Marianne Tancor
§ 9 Adapting to COVID-19: Employers in Different Sectors Provide Their Perspective, by Marianne Tancor
§ 10 State Governors Have Pens, Who Needs Legislatures? by Thomas A. Robinson
§ 11 While We're Adjusting Our COVID-19 Masks, Is the Grand Bargain Being Altered? by Thomas A. Robinson
§ 12 “Old” Case Law May Be Key to Many Coronavirus Claims, by Thomas A. Robinson
§ 13 For Workers’ Comp World, Coronavirus Is a Real “Snake in the Grass”, by Thomas A. Robinson
§ 14 In the COVID-19 Medical Crisis, Who Is on the Front Line? by Thomas A. Robinson
§ 15 “The First Shall Be First, and the Last Shall Remain Last”: COVID-19 Legislation Continues to Follow Discriminatory Practices, by Thomas A. Robinson
§ 16 COVID-19 Presumptions Don't Stand Alone in the Workers' Comp World, by Thomas A. Robinson
§ 17 Anachronistic Longings—the Co-Worker Lunch, by Thomas A. Robinson
§ 18 Illinois Commission Says “Ooops” as to its Presumption of Compensability, by Thomas A. Robinson
§ 19 Old Influenza Case from Hawaii Shows How COVID-19 Presumptions Might Work, by Thomas A. Robinson
§ 20 D.C. Stroke Case Shows Fighting COVID-19 Presumptions Is Going to Be Up-Hill Battle, by Thomas A. Robinson
§ 21 Recent NY Case May Open Door for Compensability of COVID-19 Claims Without Need for Presumption, by Thomas A. Robinson
B. Other Emerging Issues
§ 22 The Top 10 Bizarre Workers’ Comp Cases for 2019, by Thomas A. Robinson
§ 23 2019’s Top 10 Workers’ Compensation Cases, by Thomas A. Robinson
§ 24 The AMA Is on Another Collision Course with Protz, by Thomas A. Robinson
§ 25 Idaho High Court Does “a 180”: Employees May Sue Employers for Reckless Conduct, by Thomas A. Robinson
§ 26-49 Reserved

PART II. STATE-BY-STATE TRENDS AND CASE SURVEY
§ 50 Alabama
§ 51 Alaska
§ 52 Arizona
§ 53 Arkansas
§ 54 California
§ 55 Colorado
§ 56 Connecticut
§ 57 Delaware
§ 58 District of Columbia
§ 59 Florida
§ 60 Georgia
§ 61 Hawaii
§ 62 Idaho
§ 63 Illinois
§ 64 Indiana
§ 65 Iowa
§ 66 Kansas
§ 67 Kentucky
§ 68 Louisiana
§ 69 Maine
§ 70 Maryland
§ 71 Massachusetts
§ 72 Michigan
§ 73 Minnesota
§ 74 Mississippi
§ 75 Missouri
§ 76 Montana
§ 77 Nebraska
§ 78 Nevada
§ 79 New Hampshire
§ 80 New Jersey
§ 81 New Mexico
§ 82 New York
§ 83 North Carolina
§ 84 North Dakota
§ 85 Ohio
§ 86 Oklahoma
§ 87 Oregon
§ 88 Pennsylvania
§ 89 Rhode Island
§ 90 South Carolina
§ 91 South Dakota
§ 92 Tennessee
§ 93 Texas
§ 94 Utah
§ 95 Vermont
§ 96 Virginia
§ 97 Washington
§ 98 West Virginia
§ 99 Wisconsin
§ 100 Wyoming