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Federalization Of Workers Compensation – Starts Now – Warning

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The Federalization Of Workers Compensation

I had coined the phrase Federalization of Workers Comp a few months ago. I was told that I was a tea leaves reader; black swan proponent; and other choice terms. No one would believe me when I warned the new Healthcare Legislation would be the start of the feds controlling Workers Comp. I had one fellow blogger post a blog that Workers Comp would never be federalized – period.

Graphic Of Healthcare Federalization Icon
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Well, it is now here. Senator Robert Byrd (WV) included language in the Senate measure passed last month that would make it easier for miners to receive benefits through the national black lung program. Currently, miners must prove that black lung significantly contributed to their disability. Byrd’s provision would instruct administrative law judges to presume that miners with 15 or more years in the mines who are suffering from a totally disabling lung disease would qualify for benefits unless there’s evidence they don’t have the disease or that it came from somewhere other than the mine.

The provision would also automatically allow a surviving spouse to continue receiving benefits after a miner’s death rather than having to reapply, a process that can take years.

Judges Chair Federalization In Court Room
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I am not saying that this was bad legislation. I am just pointing out this was FEDERAL LEGISLATION, not state legislation. This is not going to be the last foray by Congress to insert its powers into what should be left alone to be administered by the states.

The CMS’s Medicare Set-aside rules are not far behind. I had read in John Gelman’s blog the CMS may consider their rules as having no statute of limitations.

What happened to the Workers Comp rates for coal mine related companies? The NCCI was going to revise the advisory rates for coal companies in West Virginia and the insurance carriers were going to revise their rates. As of the time of this post, I think the revisions have been delayed.

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3 Responses

  1. Frankly, I wish the whole 24-hour care thing would rear back up. It makes total sense to me. Then all you hash out is compensability for TTD payments and any permanency.

  2. Minnesota would greatly benefits from the Federalization of the Workers’ Compensation system.
    Minnesota has destroyed its system by paying off insurance companies and bowing down to employers whining that they do not want to take responsibility for their injured employees. Both have bought off our legislators to write the work comp laws in their favor. No employer has to hire any injured worker. Insurance companies replaced medical benefits with opiates in a bottle. Some injured workers, live off welfare and food shelves, and on the streets.
    Minnesota has successfully created a group of ‘SECOND CLASS DISABLED CITIZENS’. Its system is laden with legal theft, conspiracy, and excessive profit on the backs of injured workers. They take the injured worker’s social security benefits and give them to the insurance carrier. Really – that is written into their law. Insurance companies make BILLIONS every year, now why do you think they do this – re-elections, campaign funds, mansions, retirement, vacations, expensive cars, and forever jobs within the system.
    Yes, Federalization of Work Comp would work for the injured for a change in Minnesota. Thank You, it could not come fast enough!

  3. Minnesota would greatly benefits from the Federalization of the Workers’ Compensation system.
    Minnesota has destroyed its system by paying off insurance companies and bowing down to employers whining that they do not want to take responsibility for their injured employees. Both have bought off our legislators to write the work comp laws in their favor. No employer has to hire any injured worker. Insurance companies replaced medical benefits with opiates in a bottle. Some injured workers, live off welfare and food shelves, and on the streets.
    Minnesota has successfully created a group of ‘SECOND CLASS DISABLED CITIZENS’. Its system is laden with legal theft, conspiracy, and excessive profit on the backs of injured workers. They take the injured worker’s social security benefits and give them to the insurance carrier. Really – that is written into their law. Insurance companies make BILLIONS every year, now why do you think they do this – re-elections, campaign funds, mansions, retirement, vacations, expensive cars, and forever jobs within the system.
    Yes, Federalization of Work Comp would work for the injured for a change.

Comments are closed.

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James Moore

Raleigh, NC, United States

About The Author...

James founded a Workers’ Compensation consulting firm, J&L Risk Mgmt Consultants, Inc. in 1996. J&L’s mission is to reduce our clients’ Workers Compensation premiums by using time-tested techniques. J&L’s claims, premium, reserve and Experience Mod reviews have saved employers over $9.8 million in earned premiums over the last three years. J&L has saved numerous companies from bankruptcy proceedings as a result of insurance overpayments.

James has over 27 years of experience in insurance claims, audit, and underwriting, specializing in Workers’ Compensation. He has supervised, and managed the administration of Workers’ Compensation claims, and underwriting in over 45 states. His professional experience includes being the Director of Risk Management for the North Carolina School Boards Association. He created a very successful Workers’ Compensation Injury Rehabilitation Unit for school personnel.

James’s educational background, which centered on computer technology, culminated in earning a Masters of Business Administration (MBA); an Associate in Claims designation (AIC); and an Associate in Risk Management designation (ARM). He is a Chartered Financial Consultant (ChFC) and a licensed financial advisor. The NC Department of Insurance has certified him as an insurance instructor. He also possesses a Bachelors’ Degree in Actuarial Science.

LexisNexis has twice recognized his blog as one of the Top 25 Blogs on Workers’ Compensation. J&L has been listed in AM Best’s Preferred Providers Directory for Insurance Experts – Workers Compensation for over eight years. He recently won the prestigious Baucom Shine Lifetime Achievement Award for his volunteer contributions to the area of risk management and safety. James was recently named as an instructor for the prestigious Insurance Academy.

James is on the Board of Directors and Treasurer of the North Carolina Mid-State Safety Council. He has published two manuals on Workers’ Compensation and three different claims processing manuals. He has also written and has been quoted in numerous articles on reducing Workers’ Compensation costs for public and private employers. James publishes a weekly newsletter with 7,000 readers.

He currently possess press credentials and am invited to various national Workers Compensation conferences as a reporter.

James’s articles or interviews on Workers’ Compensation have appeared in the following publications or websites:

  • Risk and Insurance Management Society (RIMS)
  • Entrepreneur Magazine
  • Bloomberg Business News
  • WorkCompCentral.com
  • Claims Magazine
  • Risk & Insurance Magazine
  • Insurance Journal
  • Workers Compensation.com
  • LinkedIn, Twitter, Facebook and other social media sites
  • Various trade publications

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