Changes in Workers' Compensation during 1999

By Whittington, Glenn | Monthly Labor Review, January 2000 | Go to article overview

Changes in Workers' Compensation during 1999


Whittington, Glenn, Monthly Labor Review


State enactments of workers' compensation laws varied widely, ranging from defining coverage for "volunteer workers" to increasing burial allowances

During 1999, several States focused on providing workers' compensation coverage to "volunteer" workers, while others addressed the issue of a claim being filed by an employee whose use of illegal drugs or alcohol contributed to his or her injury. Seven States also increased their maximum allowances for burial payments.

In Arizona, the rate of compensation for the surviving spouse was increased from 35 percent to 66-2/3 percent of the monthly wage of the deceased spouse in the case of a death claim in which there are no dependent children. In Colorado, permanent partial disability benefits were increased from $150 per week to $176 per week. In Georgia, the maximum weekly benefit for temporary total disability was increased from $325 to $350 and the minimum, from $32.50 to $35. The maximum weekly benefit for temporary partial disability was also increased from $216.67 to $233.33.

The maximum compensation in New Mexico was increased from 85 percent to 100 percent of the State's average weekly wage and in North Dakota, the maximum for temporary total and permanent total benefits was increased from 100 percent to 110 percent of the State's average weekly wage.

Maximum burial allowances were increased to $5,000 in Arizona, to $7,500 in Georgia, to $4,000 in Montana, to $7,500 in New Mexico, to $6,500 in North Dakota, to $7,500 in Tennessee, and to $6,000 in Texas.

In Oregon, as part of a collective bargaining agreement, an employer or groups of employers in the construction industry and a union (as the certified exclusive bargaining representative) may now establish an alternative dispute resolution system. This system may govern disputes in the areas of employer liability, compensation, and use of medical service providers.

In Arizona, if an employer has established and maintains a policy of drug testing or alcohol impairment testing, an employee's injury or death shall not be considered a personal injury arising out of and in the course of employment if the employee fails to pass or refuses to take a drug test or alcohol impairment test. In Colorado, an injured employee's nonmedical benefits shall be reduced by 50 percent if there is evidence that the employee was intoxicated or had nonmedically prescribed controlled substances in his or her system during working hours. In Utah, a rebuttable presumption was created. It states that the major contributing cause of an employee's injury is intoxication if a chemical test shows that any amount of an illegal substance or drags in excess of the prescribed therapeutic amounts or a blood or breath alcohol concentration of .08 grams or greater are in the employee's system.

In Delaware, State employees who are injured as a result of their official duties, even if off-duty and off the worksite, are now covered. In North Carolina, the term "employee" now includes members of the National Guard and State Guard while on State active duty under orders of the Governor. In Indiana, a school-to-work student is entitled to medical benefits and permanent partial impairment compensation if injured on the job and in Maryland, a volunteer police officer in Frederick County is a covered employee and is eligible for medical benefits under the Workers' Compensation Act. In Texas, a person who performs volunteer services for the State in a disaster or attends scheduled emergency response training under the direction of an officer or employee of the State is entitled to medical benefits for an injury sustained in the course of providing those services. In Virginia, the definition of "employee" now includes volunteer firefighters when engaged in firefighting activities under the supervision and control of the Department of Forestry. In Wyoming, workers' compensation coverage is now provided to volunteers assisting law enforcement agencies in conducting patrols, reporting suspicious activities, or controlling traffic and crowds. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Changes in Workers' Compensation during 1999
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.