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Showing posts with the label workers' compensation

The Workers’ Compensation - ADA Overlap: Common Employer Pitfalls and Best Practices

On our May 28, 2026, Employment Law Webinar, HSB’s Matt Blake discussed one of the more nuanced intersections in employment law: the relationship between state workers' compensation systems and the Americans with Disabilities Act (ADA). For those who were unable to attend, these are the key takeaways: Two Laws, One Workforce Workers' compensation and the ADA create different frameworks for physical ailments that may coincide in the workplace. W orkers' compensation is addressed by state law; the ADA is federal. When the two conflict, the ADA governs, and state law cannot permit or require discriminatory conduct against a person who qualifies as disabled under the ADA . Critically, workers' compensation exclusivity provisions do not shield employers from ADA obligations. A Workers' Compensation Claim Is Not an ADA Disability, Necessarily The ADA has a three-pronged definition of disability: a physical or mental impairment that substantially limits a major life activi...

California Releases Further Revisions to Draft General Industry Workplace Violence Prevention Standard

California recently released the latest iteration of its proposed regulatory standard to implement the state’s law imposing workplace violence prevention safety requirements on nearly every employer in California. A period of public comment on the proposal and the new revisions is open through June 1, 2026. Employers with any employees in California can consider whether they wish to comment. A final version accompanied by formal rulemaking support documents is expected to emerge in the coming months, likely without much variation from the recently released proposal. Employers can prepare for compliance by reviewing how the recent version differs from the requirements that already apply under Labor Code § 6401.9. How Did We Get Here? On September 30, 2023, California enacted SB 553 , the first general industry workplace violence prevention safety law in the country. Employers covered by the law, codified at Labor Code § 6401.9, already allocated considerable time, costs, and attention p...

New RFA-2 Electronic Submission Mandate from NYS Workers’ Compensation Board

KEY TAKEAWAYS: At this time, the New York State Workers’ Compensation Board requires all Request for Further Action by Insurer/Employer forms (Form RFA-2) be submitted electronically via eCase – paper RFA-2 forms are no longer accepted or acted upon Carriers and self-insured employers who want to give defense counsel the ability to file the eForm RFA-2 must add counsel as a Party of Interest (POI) To add counsel as a POI – enabling them to file the RFA-2 on your behalf – your administrator should access the claim, go to the “Party of Interest” tab, and choose the option to add a party of interest Instructions for Adding a Representative to a Specific Case The carrier eCase Administrator may add defense counsel to notice, which will allow access to the eForm button and RFA-2. Detailed instructions may be found here:  https://www.wcb.ny.gov/content/ebiz/ecase/party-of-interest-representatives.jsp To Add a Representative as a POI to a Specific Case: Select the  POI  tab in e...

Georgia Workers’ Compensation: Why Your Panel of Physicians Matters

KEY TAKEAWAYS: Georgia employers can strengthen their defense of Workers’ Compensation claims by establishing a strategically curated panel of physicians Employers have the authority to select panel physicians whose practices and philosophies align with the company’s objectives Employers must ensure the injured employees clearly understand the panel process and their rights within it In Georgia workers’ compensation claims, the Panel of Physicians is the employer’s first line of defense after an accident . Maintaining control of medical from day one can make all the difference in how a claim unfolds. But if the panel is  invalid , the injured employee can pick any doctor they want as their Authorized Treating Physician (ATP). That shift can significantly increase exposure for both medical and indemnity benefits and prolong the timeline for resolving the claim. Employers have the right to select physicians who are aligned with their goals: providers who understand their business, ro...

July Is the New January – 2025 (Montana)

  States and cities are as busy as ever passing new workplace regulations throughout the calendar year. Here is our mid-year report summarizing the notable labor and employment laws that take effect from roughly July through October.  Montana Bill / Ordinance / Regulation Main Topic Summary Effective Date Montana SB 143 (LC2447) Contracts Amends the statute of limitations for any action regarding a contract, covenant, obligation, or liability founded on an instrument in writing from eight to six years. 10/1/2025 Montana HB 128 (LC941)   Emergency Responder Leave Prohibits termination of volunteer emergency service providers who are absent or late to work while performing these services during an emergency. 10/1/2025 Montana HB 226 (LC1663) Immigration Requires employers to verify all employees' legal ability to work in the United States prior to commencement of work. 7/1/2025 Montana HB 367   Workers' Compensation Provides that whether an employer furnishes transport...

July Is the New January – 2025 (Idaho)

  States and cities are as busy as ever passing new workplace regulations throughout the calendar year. Here is our mid-year report summarizing the notable labor and employment laws that take effect from roughly July through October.  Idaho Bill / Ordinance / Regulation Main Topic Summary Effective Date Idaho HB 64 Workers' Compensation Provides that members of limited liability companies may be criminally liable for a failure to secure workers' compensation. 7/1/2025 Idaho SB 1210   Workplace Safety and Health Expands the prohibition on requiring coronavirus vaccinations for employees and patrons to include specified medical interventions. 7/1/2025 This article provides a general snapshot of generally applicable labor and employment laws taking effect soon. Please note that while some of the laws listed below are industry-specific, this article is not meant to be all-inclusive. In addition, many state legislatures are still active, so new laws are taking effect on a near...