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Multi-Jurisdictions Best Test Is WALSH For Workers Compensation Claims

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WALSH Best Test When Multi-Jurisdictions Involved 

WALSH is best test for multi-jurisdictions of workers comp. I have posted on this subject in the past. I thought it would be good to revisit the subject after I read about a Tennessee employer that tried to have North Carolina apply Tennessee subrogation laws.

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The WALSH Test is still the tried-and-true way to decide which jurisdiction’s laws would apply in the case of – for example – a truck driver who was injured in Arizona, whose home was in Iowa.

I have seen the WALSH Test applied to a case by a Workers Compensation judge many years ago. One of the carriers that trained me was where I became familiar with the test.  As a claims adjuster of long ago, I handled many claims that involved injured workers which lived in one state and worked in another. 

OK, so let us look at the truck driver. The implied caveat is that I know each state has its own laws on multi-jurisdictions. OK, so here is the test –

Worked – what state did the employee work the most in overall?
Accident – place of accident?
Lived – where is their home?
Salaried – where is the employee paid from each time?
Hired – where was the contract of hire initiated?

Picture Of Judge Multi-Jurisdictions Gavel In front
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Transportation workers such as long-haul truck drivers are usually the toughest cases to make a determination. Using the trucker example:

 

Worked – multi-state (not a determining factor)
Accident – Arizona
Lived – Iowa
Salaried – Paid out of Texas
Hired – Oklahoma

Would anyone like to take a guess and email me at [email protected] or leave a comment? I will give my opinion next week.

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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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