Boca Raton, FL – NCCI recently announced the release of its latest Court Case Update, which provides a look at some of the cases and decisions monitored by NCCI’s Legal Division that may impact and shape the future of workers compensation across the states.
This edition provides updated information on cases previously introduced, and presents new cases and decisions.
Key Issues explored in this edition include:
- Workers Compensation Exclusive Remedy
Exclusive remedy has seen many broad-based legal challenges over the years. While some litigants have tried to narrow or expand the scope of its application, others have sought to test its constitutionality. Florida and Oklahoma have seen several of these challenges in recent years, and it is likely such constitutional challenges will be an ongoing countrywide trend worthy of stakeholder attention. Below are some recent cases involving exclusive remedy.
- Challenges to State Adoption of Third-Party Guides
Since the Pennsylvania Supreme Court’s 2017 decision striking the “most recent edition” of the American Medical Association (AMA) Guides in Protz v. Workers Compensation Appeals Board, challenges to use of the AMA Guides and other third-party guides in workers compensation have continued to pop up in courts across the states.
- Developments in Marijuana
As highlighted in NCCI’s Regulatory and Legislative Trends Report and recently published Hot Topics in Workers Compensation Update, legalization of marijuana continues to be a hot topic in state legislatures. In the 2018 legislative session, at least 25 states considered marijuana-related legislation; however, only a few states enacted laws this year.
- Air Ambulance Reimbursement: State v. Federal Law
Federal and state courts across the country have continued to address whether state workers compensation laws establishing air ambulance reimbursement rates are preempted by the federal Airline Deregulation Act of 1978 (ADA). To date, state and federal courts have largely found that the federal ADA preempts state workers compensation laws and fee schedules; however, several cases remain pending.
- Other Federal and State Developments
- Federal Case—Black Lung Benefits Award
- Kentucky—Update on Pending Cases and Recent Decision on PPD 2x Award
- Missouri—Enhanced Mesothelioma Benefits
- Montana—Constitutional Challenges
- Washington—Workers Compensation Coverage for Volunteers and a Challenge to Legislative Authority
- Texas—Waiver of Subrogation Against a Third Party
Read the full report: NCCI Court Case Update Countrywide – October 2018