Attorney delaware mesothelioma

The issue of coverage under workers' compensation laws received a great deal of attention in 2001. For example, extending presumptions of coverage for certain diseases suffered by law enforcement officers or firefighters, or both, occurred in Arizona, California, Florida, Maryland, and Virginia. On the other hand, sports officials, State prisoners and county inmates in Florida, musicians in Louisiana, horse trainers in Montana, and soccer referees in Oregon were excluded from coverage.

In gearing up for the Winter Olympic games, Utah is providing workers' compensation coverage for law enforcement/ public safety volunteers and paid officers who provide public safety services.

In Idaho, infectious hepatitis and tuberculosis are now considered "occupational diseases" in any occupation involving exposure to human blood or body fluids.

In Nevada, if a person contracts a contagious disease during the course and scope of his employment that results in a temporary or permanent disability or death, the disease is deemed to be an occupational disease and compensable if certain conditions are met.

In Georgia, the weekly maximum benefit for temporary total disability increased to $400 and the minimum to $40 (up from $375 and $37.50, respectively). Also in Georgia, the weekly maximum for temporary partial disability was increased to $268 from $250. In Louisiana, the amount of benefits paid to each surviving parent in a no-dependency death claim was increased to $75,000 from $20,000. In Wyoming, the amount of permanent total disability and death benefits awarded to dependent children was increased to $150 from $100 per month. Future payments are to be adjusted annually for inflation.

Maximum burial allowances increased to $3,500 in North Carolina.

The following is a State-by-State summary of significant changes to workers' compensation laws.

Arizona

Any party to a claim for partial disability and permanent total disability now has 90 days (previously 60 days) from the time the Commission mails a copy of its determination to all parties to request a hearing.

Any disease, infirmity, or impairment of a firefighter's health that is caused by brain, bladder, rectal or colon cancer, lymphoma, leukemia, or aden carcinoma or mesothelioma of the respiratory tract that results in disability or death is presumed to be an occupational disease and is deemed to arise out of the employment if certain requirements are met. Among them are that the firefighter must have passed a physical examination before employment and that the examination did not indicate evidence of cancer; the firefighter was assigned to hazardous duty for at least 5 years; and that the firefighter was exposed to a known carcinogen as defined by the International Agency for Research on Cancer, informed the department of this exposure, and the carcinogen is reasonably related to the cancer.

Arkansas

Personnel assigned to the Workers' Compensation Fraud Investigation Unit, upon meeting the qualifications established by the Arkansas Commission on Law Enforcement Standards and Training, shall have the powers of specialized law enforcement officers of the State for the purpose of conducting investigations.

The burden of proof connecting employment with an occupational disease is now established by a "preponderance" of evidence rather than "clear and convincing" evidence.

A hospital, physician, or healthcare provider is prohibited from billing or attempting to collect any fee for services rendered to an employee due to a workers' compensation injury when a claim has been filed and notification of filed claim has been provided. Such provider is also prohibited from reporting to any credit reporting agency the employee's failure to make the payment. When an injury has been found to be noncompensable, any unpaid portion of a bill may then be pursued.

The schedule for attorneys' fees was changed from the sliding scale, based on the amount of compensation awarded, to a set 25 percent of compensation for indemnity benefits payable to the injured employee or dependents of a deceased employee.

California

The presumption that a hernia, heart trouble, or pneumonia arose out of and in the course of employment was extended to members of the California Highway Patrol. For law enforcement officers and fire department employees, the definition of "injury" was extended to include a blood-borne infectious disease.

For active lifeguards employed for more than 3 consecutive months in a calendar year by certain local agencies and the Department of Parks and Recreation, the term "injury" now includes skin cancer that develops or manifests itself during the period of the lifeguard's employment.

A healthcare provider or licensed healthcare facility can now contract with a contracting agent, employer, or insurance carrier for reimbursement rates that are different from the official medical fee schedule.

Whenever an employer or insurer employs an individual or contracts with an entity to conduct a review of a billing submitted by a physician or medical provider, the employer or insurer must make available to that individual or entity all documentation submitted together with that billing by the physician or medical provider.

Medical treatment for a work-related injury may be provided by a State-licensed physician assistant or nurse practitioner. This includes the authority to authorize the patient to receive time off from work for a period not to exceed 3 calendar days if that authority is included in a standardized procedure or protocol approved by the supervising physician.

Connecticut

The mileage reimbursement rate for the use of a privately owned vehicle necessary for an employee to receive medical attention will now be at the rate equal to the Federal mileage reimbursement rate.

The State's Attorney General is now authorized to bring action in Superior Court against any employer, carrier, or risk management agency that fails to comply with the Second Injury Fund reporting requirements.

An employer- or insurer-sponsored medical plan must contain a list of all pharmacies that will provide services under the plan.

The time limit for appealing a commissioner's decision was extended to 20 days, up from 10.

Delaware

The time for either party to appeal a notice of award was increased to 30 days from 20.

The "cap" on attorneys' fees that can be awarded by the Industrial Accident Board was changed from $2,250 to a sliding scale based upon the average weekly wage as announced annually by the State's Secretary of Labor. This presently places the "cap" at $6,744.

An employer or its carrier is to notify the Department and claimant, in writing, of its acceptance or denial of an employee's claim within 15 days from the date of its receipt of knowledge that the employee sustained a work-related injury. Also, all medical expenses are to be paid by the employer or carrier within 30 days of receipt unless notification is provided that the expenses are being contested or further verification is required.

Florida

The definition of "employee" excludes a person who performs services as a sports official for interscholastic sports events, or amateur sports events sponsored by nonprofit organizations. The term "employment" excludes services performed by state prisoners or county inmates, except those performing services for private employers.

For a public employer to be eligible for special premium rates, they must have a workplace safety program. If authorized by the employee, compensation payments may be deposited directly into the employee's account at a financial institution. Upon written request, the employee is entitled to one change of physician during the course of treatment for any one accident.

If lost wages from concurrent employment are used in calculating the average weekly wage, the employee is responsible for providing information concerning the loss of earnings from the concurrent employment.

A claimant, represented by counsel, may waive all rights to benefits by entering into a settlement agreement releasing the employer and carrier from liability in exchange for a lump-sum payment to the claimant. In such settlements, only the attorney's fee is subject to approval by the judge of compensation claims. The exemption of workers' compensation claims from creditors does not extend to claims based on an award of child support or alimony.

An injury to a law enforcement officer while on duty or while going to or coming from work in an official law enforcement vehicle shall be presumed to be an injury arising out of and in the course of employment unless the injury occurred during a distinct deviation for a non-essential personal errand.

Georgia

The weekly maximum for temporary total disability benefits increased to $400 from $375, and the minimum to $40 from $37.50. The weekly maximum for temporary partial disability was increased to $268 from $250.