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Charles A. Berreth
Kentucky redefined "injury" as a traumatic work-related event, including cumulative trauma, causing harmful bodily change; removed the harmful effects of aging from the criteria; removed references to wage-earning capacity from the definition of disability; allowed arbitrators, now a part of the adjudication procedures, to refer employees for evaluation to State medical schools, and gave ensuing reports presumptive weight in claims resolution; gave American Medical Association guidelines greater emphasis in permanent partial disability ratings; and revised the limitations on attorney's fees.
New York applied the exclusive remedy doctrine to third-party suits when the employee is acting within the scope of employment, unless the third party is severly injured. A new workers' compensation inspector general now investigates fraud. The larger insurers must set up full-time special investigation units with trained personnel. Insurers may not contract with preferred provider organizations for employee medical care.
This excerpt is from an article published in the January 1997 issue of the Monthly Labor Review. The full text of the article is available in Adobe Acrobat's Portable Document Format (PDF). See How to view a PDF file for more information.
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