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Workers’ Compensation

Commentary: Workers’ Comp Can Benefit From Drug Formularies

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With issues like the opioid crisis and inflating drug costs at the forefront of discussion in workers’ compensation, several states, including Indiana and Pennsylvania, are currently considering legislation to establish workers’ compensation drug formularies. Some debate has arisen as to whether these drug formularies are effective and appropriate in the care of injured workers. To address these questions, let’s take…

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Governor Signs Formulary, Late-Payment Bills

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Gov. Eric Holcomb this week signed two bills into law: one that creates a workers' compensation drug formulary aimed at curtailing the opioid crisis, and another that penalizes employers for late payments of benefits. SB 290, which passed the Indiana General Assembly March 7, requires employers to pay benefits within 30 days of being awarded and imposes fines when benefits are not paid…

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Walgreens settles comp drug pricing dispute with Massachusetts

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Walgreens Co. has agreed to pay $5.5 million after allegedly overcharging for prescription drugs covered by Massachusetts’ workers compensation insurance system. The settlement, filed in Suffolk Superior Court in Boston on Thursday, resolves allegations that between 2008 and 2017, Deerfield, Illinois-based Walgreens violated state consumer protection laws by overcharging for worker injury-related prescriptions under the Massachusetts workers comp system at…

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Insurers allege they have no duty to defend Solvis Staffing Services in workers’ comp claims

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An Escondido corporation is alleged to have misrepresented facts to two insurance companies. Zurich American Insurance Co. and Zurich American Insurance Co. of Illinois filed a complaint on March 9 in the U.S. District Court for the Southern District of California against Solvis Staffing Services Inc. and Does 1 through 50 citing rescission, unjust enrichment and other counts. According to…

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Man files legal malpractice suit against East Alton attorneys over work comp claim

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A man claims two East Alton attorneys with the Galanti Law Office failed to provide witness testimonies during his worker’s compensation hearing, resulting in a ruling in favor of his employer. Edward Holmes filed a complaint on March 14 in the Madison County Circuit Court against Giambattista Patti and David Galanti, alleging they failed to represent him as a reasonable…

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RV worker paralyzed on job can’t pursue product liability claim

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An installer of “slide-out” box units on recreational vehicles who was partially paralyzed after one of the units fell from an RV and onto his back cannot sue under the Indiana Product Liability Act, the Indiana Court of Appeals held Tuesday. The appellate court affirmed an Elkhart Superior Court ruling in Matthew Davis v. Lippert Components Manufacturing, Inc., 20A03-1710-CT-2435. The…

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Illinois bill would create state-sponsored insurance company

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An Illinois bill that would create a state-sponsored insurance company to provide workers compensation was placed on the calendar for a second reading last Thursday. H.B. 4595, introduced by state Rep. Laura Fine, D-Glenview, would create the Illinois Employers Mutual Insurance Co. as a nonprofit that issues insurance for workers comp and occupational disease, according to the bill’s latest text….

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Comp insurer not liable for death benefits for out-of-state driver: Judge

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A U.S. District judge ruled in favor of an insurer who filed a summary judgment on a claim involving an Iowa workers compensation policy for a company that hired an Illinois truck driver who only worked in his home state before dying from a work-related injury, according to the ruling issued in U.S. District Court in Chicago on Friday. Eldridge,…

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Food company Kerry faces OSHA fine for worker injuries at Melrose Park plant

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Irish food products company Kerry Inc. has been cited by federal safety inspectors after two workers at its Chicago-area plant were injured on the job because the company allegedly failed to enforce safety procedures. One worker’s hand was amputated while clearing out a bread crumb conveyor at the plant in Melrose Park, the Occupational Safety and Health Administration said in…

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COA holds that volunteer work was incidental to man’s employment

By | Workers' Compensation

A general contractor’s volunteer work was incidental to his professional employment, so the injuries he sustained during the volunteer work must be covered under the Indiana Worker’s Compensation Act. That was the Indiana Court of Appeals’ decision in John C. Morris v. Custom Kitchen & Baths, 93A02-1601-EX-179. John Morris obtained his general contractor’s license in 2011 and formed a sole…

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