News Digest 7/1/2008

By: Rick Waldinger

Quote of the day

"Simply put, it cannot have been the Legislature's goal to 'restore ... to re-employment' a worker who may not be lawfully employed,"

New York Court of Appeals Judge Theodore Jones Jr., writing for the majority in denying additional workers' comp to an illegal worker

Go to the full story in the Times Herald-Record

We hope you have enjoyed receiving your twice monthly edition of Workers’ Comp Executive and your daily news digests in your email. Starting next week WCE and the news digests will not be published for two weeks, so our editors can take some much needed vacation. We will not be publishing from July 4 through July 20th. We will resume publishing on July 21.

New York High Court Denies Extra Workers’ Comp to Illegal Worker
The New York Court of Appeals rules that an illegal alien worker who suffered hand injuries while working as a printer properly received basic workers’ compensation but was not eligible for additional compensation for impairment of earning capacity because of his legal status. A majority of the judges concluded that such additional compensation must be due solely to the injury.
Go to the full story by Michael Virtanen, Newsday (Long Island)
Go to the full story by AP via Times Herald-Record (Middletown)
Go to the full story by AP via Buffalo News

Former Guard Convicted of Concealing Pre-Existing Disability
A former Mule Creek State Prison corrections officer is convicted of three misdemeanor counts of workers compensation fraud in Amador County, Calif. The 53-year-old Ione resident, who faces 120 days in jail plus restitution, concealed a pre-existing disability when he applied as a corrections officer with the state Department of Corrections and Rehabilitation, then filed a claim alleging his shoulder, foot and leg injuries were work-related. Amador Ledger Dispatch
Go to the Full Story…

Benefits Rise in U.S., Canada; Iowa Pays Highest Workers’ Comp
Workers’ compensation benefits increased an average of 4.1% across the United States and 1.8% across Canada between 2007 and 2008, according to the U.S. Chamber of Commerce’s 2008 “Analysis of Workers’ Compensation Laws.” The average workers comp weekly benefit in the United States is now $736.75, with Iowa’s the highest at $1,311, according to the annual analysis.
Go to the full story by Roberto Ceniceros, Business Insurance
Go to the full story in the Financial/finchannel.com

Sunshine State DWC Wants a Few Good Docs
The Florida Division of Workers Compensation’s Medical Services Unit is seeking specialist physicians to serve as medical advisors, most urgently in the fields of anesthesiology/pain management, cardiovascular disease, infectious disease, neurology, neurosurgery, occupational orthopedics, orthopedic surgery, occupational medicine and psychiatry. Lakeland Ledger
Go to the Full Story…

Injured Washingtonians Get Cost-of-Living Boost
Workers’ compensation claimants in Washington will get a cost-of-living hike of 5.018 percent effective July 1. By AP via KNDO/KNDU (Yakima/Kennewick)
Go to the Full Story…

Colorado Court Allows Titles of Ballot Initiatives
The Colorado Supreme Court rejects legal challenges against the titles of a pair of ballot measures proposed by a local chapter of the United Food and Commercial Workers union, one of which would allow injured employees to sue employers outside of the workers’ compensation system. By Andy Vuong, Denver Post
Go to the Full Story…

Litigator Explains Pennsylvania Workers’ Comp System
A Pennsylvania workers’ comp lawyer provides a brief overview of the philosophy behind and some of the specifics of the system in the Keystone State. By Tim Rayne, PA8 Newsgroup
Go to the Full Story…