Texas Nonsubscribers And Responsible Nonsubscription

05/06/2013 -- OKLAHOMA GOVERNOR FALLIN SIGNS WORKERS COMP BILL INTO LAW
Oklahoma Governor Mary Fallin today signed into law Senate Bill 1062, a bill that brings significant changes the workers’ compensation system in Oklahoma. The bill, moves the state from a court-based workers’ compensation system to an administrative system and allows employers to "opt out" if they provide the same forms of benefits as required under the workers' compensation system. Upon signing Govern Fallin stated, "For decades, Oklahoma has had one of the most expensive and inefficient workers’ compensation systems in the country, a constant obstacle for business owners looking to expand operations or create more jobs. “Senate Bill 1062 completely overhauls our flawed workers’ comp system, dramatically reducing the costs to businesses and freeing up private-sector resources that can be invested in jobs rather than lawsuits.

04/17/2013 -- BENEFIT PLANS CAN CONTINUE TO ENFORCE SUBROGATION/REIMBURSEMENT PROVISIONS
Plans Can Continue to Enforce Subrogation/Reimbursement Provisions
In a unanimous ruling, the United States Supreme Court ruled yesterday in U.S. Airways, Inc. v. McCutchen that employee benefit plans will continue to be able to enforce subrogation/reimbursement provisions.

Employee benefit plans, including those offered by nonsubscribing employers, often provide that if the participant obtains compensation from a third party for an injury, he or she must fully reimburse the plan. A conflict occurred when some courts held that Section 502(a)(3) of ERISA authorized courts to rewrite contractual language and refuse to order participants to reimburse their plan for benefits paid, even when the plan's terms provided an absolute right to full reimbursement.

Although the decision generally supports subrogation/reimbursement under the the plan's terms, when there are gaps in the plan, equitable doctrines may be used to properly construe it.

Please click on the following link to download (PDF) U.S. Airways, Inc. v. McCutchen

04/10/2013 -- TEXAS SENATE TO CONSIDER DRUG-TESTING REQUIREMENT FOR UNEMPLOYMENTCOMPENSATION APPLICANTS
Committee Substitute to Senate Bill 21 amends the Texas Unemployment Compensation Act by adding a drug-testing eligibility requirement for applicants to receive unemployment compensation benefits. The Texas Workforce Commission would not be testing all applicants, but only those who fail a pre-screen test and work in certain identified industries. Claimants who refuse drug testing or fail such tests would be barred from receiving unemployment insurance benefits until the individual passes a test at least four weeks after the date of the failed test. The bill passed out of the Senate Economic Development Committee on April 8th, and is on the intent calendar for consideration by the Texas Senate today (April 10, 2013).

03/11/2013 -- EMPLOYERS MUST USE NEW FORM I-9 TO VERIFY EMPLOYMENT ELIGIBILITY
U.S. Citizenship and Immigration Services (USCIS) is announcing the newly revised Employment Eligibility Verification form, Form I–9. Employers are required to use the Form I–9 to verify the identity and employment authorization eligibility of their employees.

02/11/2013 -- THE TEXAS GROWTH MACHINE
City Journal - The data show that the Lone Star State’s prosperity is no mirage.

04/25/2013 -- OKLAHOMA HOUSE OF REPRESENTATIVES APPROVES LEGISLATION ALLOWING ALTERNATIVES TO WORKERS' COMPENSATION
Driven by the success of responsible nonsubscriber programs in Texas, the Oklahoma House of Representatives approved legislation yesterday that would allow employers to provide other types of injury benefits as an alternative to workers' compensation insurance.

04/24/2013 -- DEADLINE FOR TEXAS NONSUBSCRIBER FORM 5 FILING IS APRIL 30TH
Texas employers that do not carry workers’ compensation insurance, and whose employees are not exempt from coverage under the Texas Workers’ Compensation Act, are required to file a DWC Form-005, Employer Notice of No Coverage or Termination of Coverage on or before April 30th of each year.

04/03/2013 -- TXANS AWARDS RESPONSIBLE NONSUBSCRIBER™ CERTIFICATION TO THE WORKPLACE INJURY BENEFIT PROGRAM OF DEAN FOODS
Austin, Texas - The Texas Association of Responsible Nonsubscribers (TXANS) announced today that it has awarded Responsible Nonsubscriber™ certification to the workplace injury benefit program of Dean Foods.

02/28/2013 -- NEW LEGISLATION WOULD REQUIRE NONSUBSCRIBERS TO DISCLOSE INJURY RELATED CLAIM & FINANCIAL DATA
Specific requirements include the cost of medical treatment, wage replacement benefits and any settlement amounts.

02/27/2013 -- USING ACCIDENT RECONSTRUCTION MODELS TO STRENGTHEN YOUR NONSUBSCRIBER CASE
Identifying the type of accident that occurred is a relatively simple task; however, determining which standards apply, the root cause of the accident and ultimately who’s at fault and who’s not remains a daunting challenge.