Non-political Look at Midterm Elections and Workers Compensation
The Midterm elections proceeded through its course with the results coming close to what was expected with a few surprises. Should we worry about the Workers Compensation end of the spectrum? The answer is likely not, at least on the national level.
The midterm election provides very few instances of changing the course of workers compensation in any one state. The national midterms may have an influence, but not a direct result.
Very few law of rules in WC originate on the national level. The state Senate and House races, of course, will always have a direct and enormous effect on Work Comp in any one state.
On a national level, the few areas that are changed by any Federal rules or laws would be:
- Federal opioid control legislation and Presidential Order
- Affordable Care Act and the debate on case-shifting<<Dr. Richard Victor’s analyses while at and post-WCRI
- National adjusters license – still at the state level, not nationally recognized yet – it will be soon
- Upcoming debate on Federal marijuana legislation – will Workers Comp Courts follow along or defy the Feds?
- The battle over the ICC (Interstate Commerce Clause) <<page 59 and state agency laws – agents crossing state lines
The state-level effect is undeniable. Workers comp laws, rules, and regulations are in a constant state of flux. Usually, the Democratic House Members House and Senate Members are seen as pro-employee. Likewise, the Republican House and Senate Members are possible more employer-oriented. Once again – as in the title – this is not a political assessment of any type.
Ballotpedia compared the Pre and Post government trifectas midterm elections. A trifecta is when the State House, State Senate, and Governor are all from the same political party. One can easily see that the Democrats gained quite a bit of ground in either turning a non-trifecta state government into a Democratic trifecta or flipping a trifecta from Republican to Democrat.
Can we draw a determination that the future Workers Comp laws, regulations, and rules will all be more pro-employee than the employer? I will leave that to your judgment on the midterm elections.
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