Insurance Group to Review Compensation Mandates in Ergo Rule
At a National Association of Insurance Commissioners (NAIC) Workers'' Compensation Task Force meeting in Boston last week, the American Insurance Association (AIA) urged the Task Force to immediately form an ergonomics working group to review the compensation mandates, Worker Restriction Protections (WRP), in OSHA''s ergonomics rule and their implications for the workers'' compensation system.
AIA hopes the working group''s report could support development of a friend of the court brief AIA has asked NAIC to file in the AIA-coordinated lawsuit against OSHA.
Various legal challenges to OSHA''s ergonomics rule have been consolidated in the Washington, D.C. Circuit Court of Appeals.
"Time is of the essence, so NAIC must respond quickly," said Bruce Wood, AIA assistant general counsel. "We hope NAIC view the ergonomics rule''s threat to the integrity of the state-based workers'' compensation system with alarm. OSHA''s intrusion is the greatest threat to the system in over a quarter-century."
NAIC Workers'' Compensation Task Force Chair Darla Lyon said during last weeks meeting that she will be scheduling an executive session of the Task Force to determine the nature of the Task Force''s involvement.
"The WRP compensation mandates will severely impact state regulation of workers'' compensation -- eliminating the exclusive remedy, diluting injury causation requirements, usurping medical fee and treatment rules and impeding effective administration of the workers'' compensation system. The result will be higher costs on employers and insurers alike," said Wood.
Under the rule, OSHA has mandated that employers provide compensation of WRPs for up to 90 days at up to 100 percent of salary, with full benefits, upon the finding by a health care professional of an employee''s qualifying musculoskeletal disorder and recommendation to transfer or remove the worker from the workplace.
The rule also requires the employer to cover the cost of medical diagnosis and plans for treatment.
by Virginia Sutcliffe
About the Author
EHS Today Staff
EHS Today's editorial staff includes:
Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeek, EHS Today, Material Handling & Logistics, Logistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.
Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.
Nicole Stempak, Managing Editor: Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.