A message to our readers:

The team at WorkCompCentral is stunned and deeply saddened by David DePaolo's sudden departure from this world. He passed away Sunday, July 17 in a motorcycle accident. However, we are all committed to carry on and continue to fulfill David's vision of providing workers compensation professionals with the most unbiased news, education and resources in the industry. We will also strive to make this year's Comp Laude® Awards & Gala event the best ever. The Comp Laude® event encapsulates his vision and passion for the industry. David was very proud of the team that he had assembled and we are working very hard to support each other and our valued customers.

Some of David's favorite charities:
Kids Chance of California or Angel Flight West.

David J. DePaolo
10/02/59 - 7/17/16

Top Story: Monday, September 24, 2018

Natl. - BBSI's Former CFO Indicted Over Allegedly False Financial Reports

by Elaine Goodman

The former chief financial officer of Barrett Business Services Inc. has been indicted in connection with the alleged underreporting of the professional employer organization’s workers’ comp expenses, by about $12 million, in 2013. James Douglas Miller, 54, of Washougal, Washington, was indicted Wednesday on four counts of false certifications of… Read more »

Calif. - Passing Scores Save UROs From Paying Most Penalties for 2018 Audit Violations

by Greg Jones

Five utilization review organizations audited this year all scored passing grades, resulting in the Division of Workers’ Compensation waiving most of the penalties they faced for violations uncovered during the inspections. Although the violations found in the 2018 audits weren’t as egregious as past findings — such as people without a medical license making a decision to deny treatment — some system users questioned… Read more »

Mich. - For Now, Department Will Repurpose Staff for Fraud Unit

by William Rabb

After the Michigan Legislature failed to create an insurance fraud investigation unit… Read more »

Conn. - Alleged Delays in Adjudication of Claim Don't Allow Waiver of Social Security Offset

Source: WorkCompCentral

The Connecticut Appellate Court ruled that alleged… Read more »

News: West

News: North

News: South

Calif. - 4th DCA Rejects Constitutional Challenge to Lien Fraud-Prevention Legislation

Source: WorkCompCentral

A California appellate court ruled that two newly enacted statutes designed to address lien fraud pass constitutional muster. Case: Barri v. WCAB, No. G054838, 09/21/2018, unpublished. Facts and procedural history: In 2016, the Legislature created Labor Code Sections 4615 and 139.21 to… Read more »

Colo. - Evidence of AMA Impairment Rating Can Be Introduced in Non-Comp Cases

Source: WorkCompCentral

The Colorado Court of Appeals ruled that evidence of a person’s whole person impairment rating percentage is relevant even in a non-workers’ compensation personal injury case. Case: Herrera v. Lerma, No. 17CA0991, 09/20/2018, published. Facts and procedural history: Maria… Read more »

Pa. - Court Clarifies Timing Requirements for Return-to-Work Notice

Source: WorkCompCentral

The Pennsylvania Commonwealth Court ruled that an employer’s issuance of a notice of an employee’s ability to return to work was promptly issued where the notice accompanied a written job offer with no expiration date. Case: County of Bucks v. WCAB (LePosa), No. 238 C.D. 2018,… Read more »

S.C. - Widow Gets Award for Husband's Fatal Heart Attack

Source: WorkCompCentral

The South Carolina Court of Appeals upheld an award of benefits to the widow of a communications department supervisor who had a fatal heart attack while monitoring radio systems during a police standoff. Case: Britton v. Charleston County, No. 2018-UP-368, 09/19/2018,… Read more »

Ark. - Commission's Weighing of Conflicting Evidence Justified Coverage for Surgery

Source: WorkCompCentral

The Arkansas Court of Appeals upheld a decision of the Workers’ Compensation Commission granting coverage for a worker’s surgery, finding that substantial evidence supported a conclusion that the procedure was necessary. Case: Arkansas Health Center v. Burnett, No.… Read more »

S.C. - Torrey: Gig Workforce Members Via Analogy to Exotic Dancers

Source: David B. Torrey

In a new article, the author, a law student, tries to predict how South Carolina courts would rule when a platform intermediary worker alleges, in some employment law context (like workers’ compensation), that he or she is an employee. The author, Axton D.… Read more »

Calif. - Gov. Signs Bill to Reschedule Hydrocodone

California Gov. Jerry Brown signed into law a bill rescheduling hydrocodone combination products as Schedule II drugs. The U.S. Drug Enforcement Agency in 2014 moved hydrocodone combination products, from Schedule III, to Schedule II. But California maintains its own state-level schedule of drugs, and hydrocodone products are designated as Schedule III. Drugs are scheduled based on their medical use and risk of abuse or addiction. Schedule II drugs are those with the highest potential for abuse and an accepted medical use.… Read more »

Natl. - ARAWC Names Jeff Pettegrew as Chief Policy Officer

The Association for Responsible Alternatives to Workers’ Compensation, a group that has advocated for… Read more »

Ore. - WCD Issues Notice on Wage Calculations

The Oregon Workers’ Compensation Division issued an industry notice providing examples of how to calculate wages for… Read more »

Fla. - Unfunded Liability for Special Disability Fund Drops 21%

Florida’s second-injury fund, closed in 1998, had an estimated unfunded liability of $437 million on June 30 — 21% less than last year’s estimate, according to an independent actuarial report released Friday. AMI Risk Consultants said the Special Disability Trust Fund paid $34.1 million to settle claims since June 2017 and experienced reduced ultimate loss estimates of $73.3 million. That brought the projected unfunded liability down, from $554 million. The number of open claims… Read more »

Nev. - Division Proposing Repeal of Defunct Annuity Table

The Nevada Division of Industrial Relations is proposing to amend its rules by deleting a defunct actuarial annuity… Read more »

Ohio - BWC Accepting Comments on Proposed Transitional Work Grant Rule

The Ohio Bureau of Workers’ Compensation is proposing a change to the rule on transitional work… Read more »

Iowa - Ethics Board Clears Governor for Accepting Sedgwick Flights

The Iowa Ethics and Campaign Disclosure Board on Thursday cleared Gov. Kim Reynolds of any wrongdoing after she accepted trips on a private jet owned by a top official with claims-management company Sedgwick. Reynolds accepted nine flights over the past 14 months, including a trip to a college football bowl game with her family, according to news reports. The private jet was owned by Dave North, CEO of Sedgwick. The company was paid more than… Read more »

R.I. - Bug-Sniffing Dogs to Check for Bedbugs at WC Court

Courthouse officials agreed to bring in bug-sniffing dogs to find bedbugs that have brought numerous… Read more »

Ky. - OSHA Training in Louisville Oct. 22-26

Kentucky's state-run workplace safety agency will offer another round of free training Oct. 22-26, this time in Louisville. The free training for… Read more »

Miss. - Jennifer Carter Joins Brown & Brown as Commercial Lines Adviser

Jennifer Carter has joined Brown & Brown Gulf States as a commercial lines insurance and risk adviser in the Gulfport, Mississippi, office. Carter has 34 years of experience in the insurance industry, including work in marketing, account management, underwriting, information technology, risk management and education. Before joining Brown & Brown, she was director of marketing with AmFed Cos. for 11 years. She began her career with IBM Corp. where… Read more »

Natl. - AIG to Acquire Glatfelter Insurance Group

American International Group has entered into an agreement to acquire Glatfelter Insurance Group, a full-service broker and insurance… Read more »

Ore. - Division Proposing Rule Changes

The Oregon Workers’ Compensation Division on Friday posted notice of proposed rule changes relating to employer and insurer coverage… Read more »

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