Archive: Workers' Compensation

  • Workers’ Compensation as Exclusive Remedy Resolution March 15, 2013

    Workers’ Compensation as Exclusive Remedy Resolution Summary ALEC’s Workers’ Compensation as Exclusive Remedy Resolution reasserts the traditional no-fault principle upon which the system is based. Model Resolution {Title} WHEREAS, since the early 1900s every state has adopted some type of workers’ compensation system that provides workers with medical, wage loss, and other benefits on a no-fault basis for injuries or death arising during the course of employment; and WHEREAS, the system is intended to remove all disputes between the employer and employee from the tort system and to be the exclusive remedy for employees; and WHEREAS, in exchange for employees […]

  • The Employer Standing Act March 15, 2013

    The Employer Standing Act Summary The Employer Standing Act gives employers legal standing before the appropriate board or commission to dispose of a workers’ compensation claim fraudulently filed by an employee. Model Legislation Section 1. {Short Title} The Employer Standing Act Section 2. {Legislative Declarations} The state finds and declares that A. Workers’ compensation fraud is the largest source of fraud within the property/casualty industry accounting for more than one-third of all property/casualty insurance fraud; and B. The cost of workers’ compensation insurance fraud is passed on to employers in the form of higher premium costs; and C. Employers should […]

  • Workplace Drug Testing Act March 15, 2013

    Workplace Drug Testing Act Summary ALEC’s model Workplace Drug Testing Act provides that an employer may test for drugs and alcohol in accordance with provisions in the Act, and establishes testing standards and procedures, and protections for the employee and employer. Model Legislation {Title, enacting clause, etc.} Section 1. {Title.} This Act shall be known and may be cited as the Workplace Drug Testing Act. Section 2. {Definitions.} As used in this Act: (A) “Alcohol” means ethyl alcohol or ethanol. (B) “Drugs” means any substance described in (cite controlled substance act.) (C) “Employer” means any person, firm, or corporation, including […]

  • Workers’ Compensation Medical Records Disclosure Act March 15, 2013

    Workers’ Compensation Medical Records Disclosure Act Summary Current legislative proposals to protect the privacy of individually identifiable financial and medical information severely restrict, or do not sufficiently address, the rights of employers in workers’ compensation, and other employee entitlement, claim cases. While the cognizant of the overwhelming public demand for medical and financial record privacy, there is an inherent need for employers to have access to all relevant information, including medical information, regarding these claims in order to: (1) ensure prompt, and accurate , claims processing procedures; (2) provide safety programs to mitigate recurring injuries that are similar in nature; […]

  • Workers’ Compensation Fraud Warning Act March 15, 2013

    Workers’ Compensation Fraud Warning Act Summary The Workers’ Compensation Fraud Warning Act authorizes an insurer or self-insured employer to provide notice to an injured worker on or with a check for temporary disability benefits that it is unlawful to make any knowingly false or fraudulent material statement for the purpose of obtaining worker’ compensation. The notice would state that the acceptance of employment with a different employer that requires the performance of activities that the worker has stated that he or she cannot perform because of injury could constitute fraud and result in criminal prosecution. Model Legislation Section 1. {Short […]