Claggett & Sykes Law Firm - July 2023

GRILLED STEAK SALAD WITH PEACHES

WORKERS’ COMPENSATION LAW CHANGES YOU NEED TO KNOW ABOUT

Inspired by Delish.com

This summer salad is both hearty and healthy!

Ingredients

• 1 lb skirt steak, fat trimmed • 1/4 cup balsamic vinegar • 1 clove garlic, minced • 1 tbsp light brown sugar • 1 tbsp vegetable oil • Kosher salt • Black pepper • 1/4 cup extra-virgin olive oil

In the latest legislative session, a number of significant changes were made to workers’ compensation (WC) laws. The first bill to pass was AB165. This bill safeguards lump sum permanent partial disability (PPD) payments. Following this, AB410 was passed, allowing for the gradual onset of post-traumatic stress disorder (PTSD) claims for police, firefighters, and first responders. In a significant development, the comprehensive WC bill SB274 was passed. This was a joint effort by both employers/insurer and labor organizations. This bill is extensive and covers a range of provisions:

Fines are automatically doubled if insurers appeal benefit penalties (BPs) and lose their appeal. DIR penalties must be publicly available on their website for at least five years. It removes the “specialization” language from assigning PPD doctors, therefore eliminating the basis for which it exists in regulation. PPD will now be assigned randomly rather than by “rotation.” Rating doctors can refuse assignments they don’t feel they can carry out. PPD statistics have to be posted on the DIR website every quarter. The DIR must update its master panel list of physicians and remove doctors who don’t actively treat WC claimants. A form will be available for any interested person to report a doctor who doesn’t accept and treat claimants for a particular specialty, prompting a DIR investigation. The DIR has a 120-day limit to process, investigate, and issue a determination on a complaint for BP. If they fail to do so, the claimant has 30 days to appeal, after which the DIR loses all jurisdiction to render any decision.

• 1 large lemon, juiced • 6 cups baby arugula • 2 ripe peaches, thinly sliced • 1/3 cup crumbled blue cheese or feta

Directions

1. In a large resealable plastic bag or baking dish, combine steak, vinegar, garlic, and brown sugar. Marinate 20 minutes at room temperature. 2. Remove steak from marinade, coat with vegetable oil, and season generously with salt and pepper. 3. On a grill or pan set to high heat, cook steak until desired doneness. Rest 5–10 minutes, then thinly slice against the grain. 4. In a small bowl, whisk olive oil and lemon juice to make dressing. Season with salt and pepper. 5. In a large serving bowl, add arugula, peaches, blue cheese or feta, and steak. Drizzle with dressing and gently toss.

It permits out-of-state industrial insurance adjusters. It allows insurers to recoup owed assessment monies from the Department of Business & Industry Industrial Relations (DIR) for the 2.3% increases to spousal death benefits. It increases the DIR penalty minimum from $5,000 to $17,000 and the maximum from $50,000 to $120,000 for claims made after Jan. 1, 2024.

Most of the provisions of SB274 come into effect on Jan. 1, 2024.

3 725-867-8495 | WWW.CLAGGETTLAW.COM | WORKERS’ COMPENSATION AND PERSONAL INJURY

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