Florida Becomes 7th State to Grant Domestic Violence Leave

Effective July 1, 2007, Florida became the 7th state to require employers to provide time off to employees who are victims of domestic violence. The other states are: California, Colorado, Hawaii, Illinois, Kansas and Maine.

Hartford Settles with California Department of Insurance

Effective July 1, 2007, Hartford Life and the California Dept. of Insurance entered into a settlement regarding discretionary clauses. Under the terms of the settlement, Hartford Life agrees to stop using discretionary clauses in its long-term disability policies issued in California and substitute language specified in the agreement that describes how Hartford will determine eligibility for benefits.

South Carolina Enacts Workers’ Compensation Reforms

On June 25, 2007, South Carolina Governor Mark Sanford signed workers’ compensation reform legislation into law. The new law:

• Terminates the Second Injury Fund;
• Allows insurers and employers to challenge a presumption of total and permanent disability when a worker suffers a 50% or more disability to his or her back;
• Permits claim adjusters to speak to claimants’ doctors;
• When physical trauma is absent, it requires workers to prove with a preponderance of evidence that mental injury and stress are caused by their jobs;
• Eliminates one level of appeal;
• Requires that repetitive trauma claims be supported by medical evidence;
• Increases penalties for fraud.

Most provisions of the new laws took effect on 7/1/2007 and apply to all employers in the state.The last date the Second Injury Fund can accept qualifying claims is 7/1/2008, and the Fund will be completely terminated by 7/1/2013.