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Workers’ Compensation

Court reinstates injured crossing guard’s comp benefits

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An Illinois appeals court has reinstated the workers compensation benefits of a crossing guard injured in a slip-and-fall incident, ruling that a lower court was wrong to overturn the Illinois Workers’ Compensation Commission’s awarding of medical benefits in the case. The First District Appellate Court of Illinois, Workers’ Compensation Commission Division Thursday determined that the commission was correct to award…

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Lawmakers to consider state-funded mental health program for first responders

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Indiana lawmakers are considering a bill that 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.” H.B. 1136, introduced Tuesday, would establish the Indiana “first responders mental health wellness fund and program” and would cover those who are diagnosed with post-traumatic stress disorder following…

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New law includes warehouse worker safety provisions

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Illinois Gov. J.B. Pritzker signed a budget bill Monday that included provisions addressing the increasingly popular topic of reducing injuries among warehouse workers. Pritzker signed S.B. 1720, a budget implementation act for fiscal year 2023 that also creates the Warehouse Safety Standards Task Force. The task force is charged with providing the governor and lawmakers quarterly updates about its findings,…

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Issues emerge as opioids continue to drop in comp

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Opioid prescribing in workers compensation nosedived to an all-time low last year, a new report finds, but experts say the picture is complicated, with other drugs taking over the pain management space, among other factors. AmTrust Financial Services Inc. reported in October that only 15.2% of its workers compensation claims for 2021 involved an opioid prescription, down from 60% in…

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State plans may push injured workers toward emergency rooms: Study

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Emergency room visits by injured workers showed “substantial variation” across 28 states, even for the same injuries, calling into question whether some state programs push the more expensive care at the onset of an injury regardless of medical necessity, according to a report released Monday by the Workers Compensation Research Institute. In 2021, emergency room utilization for initial medical services…

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Illinois appeals court partially sides with injured Dollar General worker

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An Illinois appeals court has partially reversed a Workers’ Compensation Commission ruling overturning an arbitrator’s issuance of temporary total disability benefits to a retail worker injured during a December 2018 workplace accident. In McGaha v. The Illinois Workers’ Compensation Commission, the Fifth District Appellate Court of Illinois on Tuesday partially overturned a May Wayne County Circuit Court decision siding with…

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Mental injuries up in restaurant work; cuts, falls, strains remain costliest

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While cuts, falls and strains make up a large portion of workers compensation claims among restaurants, injuries from a worker’s extremities being crushed, and injuries related to mental stress and fainting are on the rise post-2020, according to an analysis published Wednesday by AmTrust Financial Services Inc. In studying injuries post-pandemic, comparing 2021 with 2019 as a baseline, AmTrust found…

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Cumulative trauma claims tend to be income-replacement only, litigated more

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Sixty percent of so-called cumulative trauma workers compensation claims involve injuries that progress over time and are indemnity-only, thus involving no medical component, according to a report released Thursday by the Workers’ Compensation Insurance Rating Bureau of California. Overall, 77% of indemnity cumulative trauma claims involving more than $1,000 in expenses attributed to settling and defending claims, while only 53%…

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Man alleges wrongful termination after filing for work comp benefits

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A former employee of Brandsafway claims he was wrongfully terminated for seeking worker’s compensation benefits after he was injured on the job. Plaintiff Fred Skelton filed the lawsuit in the Madison County Circuit Court against defendant Brandsafway, LLC formerly known as Safway Services, LLC, citing retaliatory discharge in violation of the Illinois Worker’s Compensation Act. According to the lawsuit, Skelton…

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