Workers’ Compensation

House Democrats Include Federal Monitoring of State Workers’ Compensation in Education and Labor Committee Vote for FY 2022 Budget Reconciliation

By |2021-09-22T17:53:10+00:00September 22nd, 2021|Categories: Workers' Compensation|

On September 10, 2021, the House Ed and Labor Committee voted to approve language proposed for inclusion in the FY 2022 budget reconciliation bill that would provide authority to the US Department of Labor Office of Workers’ Compensation Programs (OWCP) for “monitoring of State workers’ compensation programs”. See untitled (house.gov) page 115 lines 4-5 and amendments [...]

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Biden Administration Plans Regulations to Impact Workers’ Compensation Medicare Secondary Payer (MSP)

By |2021-06-24T03:12:15+00:00June 11th, 2021|Categories: Workers' Compensation|Tags: |

On June 11, 2021, the Biden administration released its Spring 2021 listing of plans for regulations. The plans include regulations to address Medicare Secondary Payer issues in workers’ compensation settlements. See View Rule (reginfo.gov) HHS/CMS RIN: 0938-AT85 Publication ID: Spring 2021   Title: Medicare Secondary Payer and Future Medicals (CMS-6047) Abstract: This proposed rule would clarify existing Medicare Secondary [...]

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COVID-19 Presumption for Longshore – taken out of Final American Rescue Plan Act

By |2021-03-23T04:03:31+00:00March 15th, 2021|Categories: Workers' Compensation|Tags: , |

In response to opposition from UWC and an extensive list of employer representatives and workers’ compensation insurance plan representatives, the presumption of coverage and compensability for COVID-19 illness under the Longshore Act was taken out of the final version of the American Rescue Plan Act of 2021. The deletion came as the result  of a determination [...]

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UWC and Business Groups File Opposition to Longshore Presumption for COVID

By |2021-03-06T18:18:11+00:00March 6th, 2021|Categories: Workers' Compensation, Workforce Issues|Tags: , , |

On Tuesday, March 2, 2021, UWC and a broad based coalition of business representatives submitted a letter of opposition to the inclusion of a presumption of workers’ compensation coverage and compensability for COVID-19 infection that was not  in the course of employment and did not arise from employment. >> UWC and Business Groups File Opposition to [...]

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House Democrats Include COVID-19 Presumption for Longshore and FECA in Budget Reconciliation 2021

By |2021-02-11T03:38:56+00:00February 11th, 2021|Categories: Workers' Compensation|Tags: , |

On February 10, 2021, the US House Education and Labor Committee, Chaired by Representative Bobby Scott (D-VA), voted to report legislative language to be part of the 2021 Budget Reconciliation bill. Click here for the fact sheet. Click here for the language proposed as a substitute by the Chairman. Section 2104 of the legislative language provides [...]

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UWC Files Comments on new Black Lung Self Insurance Requirements

By |2021-02-11T03:38:49+00:00February 5th, 2021|Categories: Workers' Compensation|Tags: |

On February 5, 2021, UWC filed comments on proposed Black Lung Self Insurance Guidelines. The guidelines that were released on January 4, 2021 by the Office of Workers’ Compensation Programs (OWCP) describe the agency’s updated process for evaluating self-insurance applications under the Black Lung Benefits Act (BLBA). The BLBA requires coal mine operators to secure the [...]

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President Biden Orders Development of National Occupational Safety and Health Guidelines for COVID

By |2021-01-23T22:49:07+00:00January 23rd, 2021|Categories: Workers' Compensation|Tags: , |

In one of his Executive Orders on January 21st, President Biden ordered the development of federal guidance for Occupational Safety and Health. The order addresses issues that are temporary in response to COVID-19 but also begins to address longer term issues. In particular, Section 2 of the Executive Order provides that within two weeks of the [...]

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House Democrat Stimulus Proposal Would Create New Federal Health and Safety Standards

By |2020-10-02T03:03:04+00:00October 2nd, 2020|Categories: Workers' Compensation|Tags: , |

On September 28, 2020, Speaker Pelosi released the summary of the Updated Version of the HEROES Act for consideration in response to the Coronavirus and as an economic stimulus. The proposal would create new employer reporting requirements with respect to health and safety and create new workers’ compensation presumptions related to COVID-19 (See section by section [...]

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UWC Applauds Senators Portman and Cardin Introduction of Legislation to Clarify Workers’ Comp Payments

By |2020-10-12T16:46:11+00:00September 25th, 2020|Categories: Workers' Compensation|Tags: , , , , , |

On September 24, 2020 Senator Rob Portman (R-OH) and Senator Ben Cardin (D-MD) introduced legislation to clarify the determination of workers’ compensation for Medicare eligible employees who were injured or became ill in the course of employment. This bi-partisan bill is the Senate companion to HR 4161 that was introduced by Representatives Mike Thompson (D-CA) and [...]

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Business Coalition Raises Concerns with California COVID Presumption

By |2020-08-29T21:19:26+00:00August 29th, 2020|Categories: Workers' Compensation|Tags: , |

A business led coalition is raising concerns with legislation proposed in California that would largely incorporate the terms of Governor Newsom’s executive order that created a COVID-19 presumption. The letter from the group attached addresses the provisions in SB 1159, which includes three Sections. SECTION 1 codifies the policy contained in Executive Order N-62-20, which was [...]

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