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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2023 Edition
ISBN: 9781663363879
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ISBN: 9781663363886
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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

The 2022 edition ISBN is 9781663343567.

eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.

 

Featured Authors

Table of contents

PART I. EXPERT ANALYSIS AND COMMENTARY


A. Overview of Workers’ Compensation Emerging Issues Analysis
§ 1 Foreword to the 2023 Edition, by Thomas A. Robinson, Co-Editor-in-Chief


B. Workplace Violence and Workers’ Compensation
§ 2 California: A Roadmap for Litigating Incidents of Workplace Violence, by LexisNexis Workers’ Compensation Staff
§ 3 A Guide to Understanding Workplace Violence and Florida Workers’ Compensation, by Richard T. Fuerst & Robert J. Grace, Jr.
§ 4 Navigating Workplace Violence Claims Under the North Carolina Workers’ Compensation Act, by Logan H. Shipman & Elizabeth P. Ligon
§ 5 Workplace Violence in New York Workers’ Compensation Claims, by Ronald E. Weiss, & Ashley E. Lewis
§ 6 Young and Vulnerable: New Study Points to Prevalence of Violence Against Young Workers, by Thomas A. Robinson


C. COVID-19 Pandemic Issues
§ 7 Long COVID Prevalence Among Workers: Impacts on Workers’ Compensation, by Hon. Susan V. Hamilton
§ 8 COVID-19’s Impact on the California Workers’ Compensation System: WCIRB Updates Its March 2022 Study, by Hon. Susan V. Hamilton
§ 9 Workers’ Self-Reported COVID-19 Exposure and PPE Availability in Michigan During the First Year of Pandemic, by Christopher Mahon
§ 10 COVID and the State of American Psychiatry, by Christopher Mahon


D. Medical Marijuana
§ 11 The Current Status of the Law on Medical Marijuana Reimbursement in Workers’ Compensation, by Albert B. Randall, Jr. & Samantha L. Schilling
§ 12 Recreational Cannabis and the Workplace: Worker Perceptions in Canada, by Christopher Mahon


E. Artificial Intelligence (AI)
§ 13 Asking ChatGPT about California Workers’ Comp, by Julius Young
§ 14 Four New Strategies for Understanding the Relationship Between AI and Work Environment, Workplace Safety and Worker Health, by Christopher Mahon


F. Other Emerging Issues
§ 15 The Grand Bargain & Presumptions: Are Some Workers More Equal Than Others? by Richard B. Rubenstein
§ 16 The Impact of Climate Change on Workers and Employers: The California Experience, by Hon. Susan V. Hamilton
§ 17 Effect of Behavioral Health Issues on Injured Workers Returning to Work: Chronic Pain, PTSD, COVID-19 & More, by Joseph Dougherty
§ 18 Temporary Workers’ Employment and Income Risks After Workplace Injuries, by Christopher Mahon
§ 19 Work Fatalities in North Carolina Among Older Workers Before and After the Great Recession of 2008, by Christopher Mahon
§ 20 The Top 10 Bizarre Workers’ Comp Cases for 2022, by Thomas A. Robinson
§ 21 Castellanos: Rethinking the California Legislature’s Plenary Power Vis-à-vis Workers’ Compensation, by Hon. Susan V. Hamilton
§ 22 Depositions of Injured Workers in California, by Hon. Robert G. Rassp & Hon. Clint Feddersen
§ 23 RAND Releases Study on Alternative Payment Models for California’s Workers’ Compensation System, by Hon. Susan V. Hamilton

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
§ 101 Canada