March 2012: Workers' Comp Advisory ? Toole Insurance

New approaches to employee retention
As the economy recovers, employers are seeing the effects of downsizing, pay freezes and benefit trimming on employee morale and the need to strengthen employee engagement takes on new importance? Read More.

Employers beware: OSHA trends
Shifts in OSHA?s compliance approach have meant larger fines for more employers? Read More.

ACOEM issues two guidance documents: occupation hearing loss; managing workplace fatigue
New guidance documents address two common Workers? Comp issues ? heating loss and workplace fatigue? Read More.

OSHA Watch

• OSHA releases Fall 2011 regulatory agenda
• OSHA extends penalty reductions for residential fall protection violations
• OSHA releases respirator-training videos
• Recent fines and awards
• Read More.

Legal Corner

FMLA

• Summary of 2011 federal cases
• Pre-Eligible FMLA request for post-eligible maternity leave is protected activity
• 6th Circuit Court decision places burden on employer to communicate method for calculating leave

Workers? Compensation

• Facebook photos used to contest Workers? Compensation claim ? Arkansas
• Worker need not be injured or killed on the outer continental shelf to qualify for benefits ? California
• Cashier injuries caused by out of control vehicle covered by comp ? Illinois
• Going and coming rule makes worker?s car accident injuries noncompensable ? Maryland
• Statute of limitations not relevant in misdiagnosed injury ? New York
• Failure to file timely notice costly mistake- New York
• Tendon ruptures and tears constitute a compensable occupational disease ? North Carolina
• Loss of earnings must be related to work injury ? Pennsylvania
• Change in condition leads to Reinstatement of Workers? Comp Benefits in spite of resignation ? Pennsylvania
• Prescription medication leads to nurse?s permanent total disability ? Tennessee
• Read More.

• FMLA forms renewed through 2/28/2015
• NIOSH releases fact sheets for home health care workers
• EEOC issues final rule on GINA recordkeeping requirements
• NLRB releases second social media report
• FMCSA releases fact sheets on CSA program
• FMCSA issues final rule on controlled substance testing
• Fatigued new dads at higher risk of near misses at work: study
• Read More.

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