Attendees Gain Valuable Insights at Texas Nonsubscriber Forum

Attendees Gain Valuable Insights at Texas Nonsubscriber Forum

The Texas Alliance of Nonsubscribers (TAN) annual meeting delivered a full day of insights and expert perspectives for those managing and supporting nonsubscriber programs. Held on Oct. 14 at the downtown Dallas Public Library, the event covered a wide range of timely topics.

Attendees explored how technology and AI are shaping the future of nonsubscriber programs, and gained practical guidance on navigating OSHA’s latest rules and common employer pitfalls during inspections. SMU economist Dr. Michael Davis returned to share his outlook on economic challenges and opportunities ahead.

A legal panel highlighted recent court cases and updates affecting nonsubscribers, while industry experts shared strategies and tools for effective medical management. TAN’s government relations team provided a thorough recap of the 2025 legislative session and offered a preview of what to expect in the 2026 elections.

Overall, the meeting offered attendees a wealth of actionable information and insights, reinforcing TAN’s role as a key resource for nonsubscribers.

TAN extends a special thank you to the industry experts who were part of the program. Following is a listing of those individuals and their topics:

Harnessing Technology and AI to Strengthen Nonsubscriber Programs

  • David Watkins, Corvel
  • Roman Garcia, Judicial Workplace Arbitrations
  • Scott Amox & Courtney Spencer, Glazer’s
  • Ahmed Zarrugh, Precision Motion Health

Staying Compliant: OSHA’s Latest Rules and Employer Missteps

  • Darren Harrington & Brian Hurt, Steptoe & Johnson

Navigating Medical Management in Nonsubscriber Programs

  • Melanie Rae, McCoy’s
  • Shaunna Spears, Corvel
  • Nicole Silva, Providence Risk
  • Blake Stock, The Combined Group
  • Patti Kelly, RxBridge

Legal and Court Room Updates Every Nonsubscriber Should Know

  • Jerry Fazio, Owen & Fazio
  • Alejandra Rodriguez, Blanco Ordoñez Mata & Wechsler
  • Bernie Hauder, Adkerson Bezney & Hauder
  • Donna Peavler, Peavler Briscoe

2025 Texas Legislature & 2026 Elections

  • Lucinda Saxon & Karen Reagan, Texas Star Alliance

For a copy of the day’s presentations, you may click here.

National Safety Council Releases Top 10 Cited Safety Violations by OSHA

Improper fall protection remains the most often cited safety violation by the U.S. Occupational Safety and Health Administration (OSHA), according to data for fiscal year 2025 released by the National Safety Council (NSC). It is the 15th year in a row that inadequate fall protection topped the list of OSHA safety violations.

The Top 10 most frequently cited workplace safety violations for fiscal year 2025 were the following:

  • Fall Protection – General Requirements: 5,914 violations.
  • Hazard Communication: 2,546 violations.
  • Ladders: 2,405 violations.
  • Lockout/Tagout: 2,177 violations.
  • Respiratory Protection: 1,953 violations.
  • Fall Protection – Training Requirements: 1,907 violations.
  • Scaffolding: 1,905 violations.
  • Powered Industrial Trucks: 1,826 violations.
  • Personal Protective and Lifesaving Equipment – Eye and Face Protection: 1,665 violations.
  • Machine Guarding: 1,239 violations.

Using 2023 data from the U.S. Bureau of Labor Statistics, the most recent year for which data are available, NSC provided a breakdown of safety outcomes potentially associated with citations. These include:

  • Falls, including Fall Protection – General Requirements; Ladders; Fall Protection – Training Requirements; and Scaffolds: 725 fall-to-a-lower-level deaths in 2023.
  • Hazardous Energy, including Control of Hazardous Energy – Lockout/Tagout: 48 deaths in 2023 and 17,690 days away, restricted or transferred (DART) in 2021-2022. Exposure to electricity caused 142 deaths in 2023 and 3,960 DART cases in 2021-2022 involving being struck by running powered equipment during maintenance, cleaning or testing.
  • Respiratory Protection: 125,400 reportable cases in 2023.
  • Forklift, Order Picker, Platform Truck – Powered, including Powered Industrial Trucks: 67 deaths in 2023 and 24,960 DART cases in 2021-2022.
  • Hazard Communication: Chemicals were the primary injury source in 63 deaths in 2023 and cause of 29,530 days away, restricted or transferred (DART) cases in 2021-23.
  • Eye and Face Injuries, including Personal Protective and Lifesaving Equipment – Eye and Face Protection: 48,680 and 87,070 DART cases, respectively, in 2021-2022.
  • Caught in Running Equipment, including Machine Guarding: 53 deaths in 2023 and 26,940 DART cases in 2021-2022.

Texas Cities Among Top 10 Injury Hot Spots in U.S.

Houston, Dallas and San Antonio are among the top 10 cities in the United States for most workplace injuries, according to a new study. Two other Texas cities — Austin and Fort Worth — are ranked 34th and 38th, respectively.

The study uses data from the U.S. Occupational Safety and Health Administration (OSHA) to identify cities that are workplace injury hotspots, as well as the industries more prone to injury.

According to the study from TradeSafe, the most workplace accidents reported in 2024 were in Chicago (14,154 injuries, or 3.089 per 100 employees). Las Vegas (12,293 total injuries, or 3.568 per 100 employees) was second, followed by Houston (11,764 total injuries, or 2.305 per 100 employees) in third. San Antonio (8,575 injuries, or 1.276 per 100 employees) ranked ninth, and Dallas (8,227 injuries, or 2.93 per 100 employees) ranked 10th.

Austin recorded 5,134 injuries, or 2.642 per 100 employees. Fort Worth had 4,411 injuries, or 1.302 per 100 employees.

The study found the transportation and warehousing sector had the highest injury likelihood, with 71% of companies reporting at least one workplace injury.

While not the most injury-prone per worker, health care and social assistance recorded the most total injuries at 318,078. With massive employment numbers, especially in hospitals and elder care facilities, even routine tasks can lead to high injury volumes (especially in high-pressure or understaffed environments).

When measured by injuries per 100 employees, public administration (4.15), transportation and warehousing (4.02), and arts, entertainment and recreation (2.79) topped the list.

More information about the study is available here.

Motor Vehicle Accidents Most Costly Among Lost-Time Claims

Motor vehicles accidents are the most expensive type of workers’ compensation lost-time claim, costing 70% more than the average lost-time claim, according to a new report from The National Council on Compensation Insurance (NCCI).

Motor vehicle accidents (MVAs) account for 5% of workers’ compensation lost-time claims, but they account for 10% of their benefit costs, according to the report. Motor vehicle accidents are the top cause of work fatalities, accounting for twice as many worker deaths as the next highest cause. Four of every 10 fatalities in the workers’ compensation system are caused by a motor vehicle accident.

According to the U.S. Bureau of Labor Statistics, almost one-third of jobs require some amount of driving. The report found distracted driving one of the leading causes of MVAs. Studies show one in three crashes involves a driver using their phone within a minute of the crash.

The trucking industry, however, has experienced several consecutive declines in motor vehicle accident frequency. Several factors are potentially contributing to this decline in frequency, including an increased focus on safety from employers and recent regulations impacting motor carriers and drivers that include:

  • Most new truck tractors must now come equipped with electronic stability control.
  • The recently required use of electronic logging devices aims to combat driver fatigue.

The report found advances in logistics, including vehicle telematics and GPS tracking, are also likely contributors to the decrease in frequency of MVAs. These technologies give employers more oversight of deliveries and greater flexibility in responding to changing conditions. Additionally, dash cameras that monitor the inside of the vehicle are being integrated with AI and used to encourage safe driving by providing feedback when distracted driving is detected.

More information about the report is available here.

Workers’ Compensation Market Remains Profitable Amid Ongoing Price Reductions

Workers’ compensation coverage remains a key driver of the profitability of the property/casualty insurance, although economic uncertainty could cause turbulence for insurers in the near to midterm, according to a new AM Best report.

AM Best’s report, “Workers’ Compensation Continues With Strong Profits, Despite Pricing Cuts,” states that the line remained profitable in 2024 with a combined ratio of 88.8, the lowest among the major property/casualty lines, even as net premiums written for the industry fell nearly 7% due to rate decreases and pricing cuts. Midyear 2025 results indicate another profitable year in the making and another decrease in premiums in line with more rate decreases.

Although workers’ compensation has remained relatively unaffected by many of the factors leading to stress in other lines of coverage, its payroll exposure base is susceptible to macroeconomic shocks, the report notes. The possibility of a recession, the impact of tariff and immigration policy changes, and other challenges, including legislative changes, are possible headwinds for workers’ compensation insurance, according to the report. Recent increases in medical inflation in the overall economy will likely have less impact on the workers’ compensation system, as statutory payment schedules and different uses of physician services and pharmaceuticals limit the impact of unexpected inflation for workers’ compensation claims.

“A key question for the workers’ compensation line is how much longer will rate and pricing declines continue and cause dissipating profit margins before insurers begin to hold the line on pricing, since, for many companies, workers’ compensation profits help offset more uncertain underwriting results for other lines of coverage,” said David Blades, AM Best associate director, Industry Research & Analytics, in a statement announcing the report findings.

Information for purchasing the report is available here.

Report Examines Workers’ Comp Prescription Cost Increases

Workers’ compensation prescription costs increased 4.3% per claim in 2024 compared to the previous year, driven in large part by increased spending on migraine medications and topical pain medications, according to a report from Enlyte.

Other factors contributing to the increase in per-claim costs were increased utilization and spending in migraine medications and rising average wholesale prices for certain brand medications, Enlyte’s 2025 Drug Trend Report found.

Cost per claim for migraine medications jumped by 20.5% in 2024, driven by increases in both utilization and cost per script. Topicals also experienced increased cost per claim (up by 15.5%) with a 5.9% jump in utilization and 9% increase in cost per script. Enlyte says this reflects a continued three-year trend of rising utilization and spend for both topicals and migraine medications, driven by newer, higher-cost therapies as clinical practice shifts away from opioid-based pain management.

Other highlights from the report include:

  • The percentage of injured employees using opioids decreased to 20.1%, and high-dose opioid prescriptions fell by 10.2%.
  • The largest decrease in cost per claim was seen in the opioid class at 7.2%, followed by non-tricyclic antidepressant (non-TCA) medications at a 6.3% decrease, both driven by declines in utilization and cost per script.
  • Generic utilization reached 88.9%, up 0.9 percentage points from the previous year, and average wholesale price inflation moderated to 1.5%, down from 4.4% in 2023.

The report is available for download here.

Workers’ Attitudes on Safety in the Workplace Highlighted

More than half of employees in small businesses (58%) say they witnessed workplace injuries in the past year and 43% report feeling pressured to work through unsafe conditions, according to a new survey. More than two in three (67%) say they have safety concerns at work.

The findings are reported in the recently released Pie Insurance 2025 Small Business Employee Voice on Workplace Safety Report.

The survey shows employee safety concerns have shifted, with 32% of employees citing mental health as their primary workplace safety worry, surpassing traditional concerns like physical injury (20%), environmental hazards (9%), or equipment safety (4%). This becomes more significant when considering that 91% of employers previously surveyed expressed confidence in their ability to address mental health issues, while only 62% of employees share that confidence.

Most employees (83%) feel comfortable reporting safety concerns, but 17% hesitate to speak up. Of those hesitant workers, 35% worry about retaliation, while others don’t want to seem difficult (33%) or doubt that action would be taken (31%).

The survey also found that employees want flexible work hours or remote options (19%), mental health day allowances (17%), and more participation in safety decision-making (22%).

The survey of 1,021 U.S. small business employees at companies with two to 500 employees was fielded July 24-29, 2025. It is available for download here.

Study Provides Insight on Workers’ Perspective on MSD Risk Reduction

Nearly 30% of workers who experience pain at work don’t report it, and safety leaders consistently rate their workplace culture more positively than frontline employees do, according to a new report from the National Safety Council.

The report, Frontline Worker Perspectives on Musculoskeletal Disorder Prevention (MSD), is based on survey data from 1,000 nonmanagerial workers across diverse industries. It also found that while most workers are aware of safety programs, many lack understanding of MSDs and don’t know how to report symptoms.

Encouragingly, the report also highlights participatory ergonomics as a promising strategy to close these gaps. The report found that when workers are actively involved in identifying risks and shaping solutions, organizations benefit from improved communication, stronger trust, and better safety outcomes.

Perceptions of frontline worker involvement in identifying opportunities for improvement across various aspects of work differed substantially between frontline workers and organizational safety and health leaders.

For example, 34.3% of respondents in an earlier NSC survey of safety leaders indicated that frontline workers are always involved in shaping job tasks, compared to just 14.5% of frontline workers reporting they were involved in determining their job tasks. Similarly, in areas such as workstation design, 41.8% of the safety leaders reported often involving frontline workers, while only 18.8% of frontline workers said they were involved.

According to the report, participatory ergonomics can look different depending on the industry or job tasks. Some examples of ways to partner with frontline workers and implement participatory ergonomics are to involve them in decision-making regarding:

  • Tool and workstation design.
  • Job rotation or enlargement.
  • Processes and procedures.
  • Introduction of new technology, equipment or solutions.

The report is available for download here.

Acting Texas Comptroller Kelly Hancock Unveils New Interactive TexStats Dashboard

In October, acting Texas Comptroller Kelly Hancock unveiled a new interactive data dashboard designed to put the latest economic and demographic information directly into the hands of Texans. The announcement came during a regional event hosted by the Tyler Chamber of Commerce, where Hancock kicked off the Good for Texas Tour: TexStats Dashboard Edition.

The new TexStats Regional Data Dashboard consolidates a wide range of state, county and regional data into a single user-friendly site. Visitors can explore everything from population growth and job trends to health care access, education levels, industry strength, and trade activity.

“In a state as big as Texas, it’s important to understand not only the big picture but also the unique regional economies, people and industries that drive our success,” Hancock said. “This new interactive tool makes that possible by letting Texans filter, download and customize data to meet their specific needs.”

Drawing on trusted sources such as the U.S. Census Bureau, U.S. Bureau of Labor Statistics, and U.S. Bureau of Economic Analysis, the dashboard gives state leaders, local governments, researchers and businesses access to the most current, reliable information. Users can also look back at up to 10 years of data to track regional changes over time.

Previously, much of this information was available only in separate printed or online reports published periodically by the comptroller’s office. Now, Texans can access the most up-to-date data at any time, with the click of a button.

You can view the dashboard by clicking here.

More Managers Turning to AI Rather Than Hire Gen Z

Another new survey finds hiring managers have concerns about hiring Gen Z employees and are turning to artificial intelligence as a more reliable alternative.

The survey from ResumeTemplates.com found companies increasingly are turning to artificial intelligence to fill hiring gaps. Four in 10 managers (41%) say they believe AI is more reliable than Gen Z, noting that it is faster, more consistent, and delivers fewer errors. According to the survey, 29% of companies have replaced entry-level employees with AI, and another 34% are considering it. The roles most affected include data analysis and reporting, customer service, technical support, and research.

Hiring managers expect AI to further disrupt the entry-level job market, with 68% predicting their companies will require fewer entry-level employees over the next five years.

The survey found that only 42% of hiring managers are very willing to hire Gen Z employees. Another 37% say they’re somewhat willing, while 15% remain neutral, and 5% are unwilling to hire Gen Z workers.

About 18% of managers feel Gen Z workers have directly lowered company productivity, and one in eight says the average Gen Zer is unemployable. Among managers who are unwilling to hire Gen Zers, 81% say the generation lacks work ethic. Some 74% describe them as entitled, and 68% say they struggle with professionalism.

The survey was conducted in October 2025 by ResumeTemplates.com. More information is available here.

Survey: Workplace Burnout Hits High Mark

Burnout among Americans in the workplace has escalated to a seven-year high, according to the 15th annual Aflac WorkForces Report released in October.

The report finds 72% of U.S. employees say they face moderate to very high stress at work and fewer employees are confident that their employers care about their mental health (48%, compared to 54% in 2024).

More than two in five employees (44%) said they could not pay $1,000 in out-of-pocket costs for an unexpected illness or injury. As prescription drug prices and health care costs rise, American workers are experiencing medical cost anxiety. More than half (52%) of employees say they feel anxious about health care costs not covered by their insurance. Nearly half of employees have delayed treatment or medical care because they could not afford it (45%), and 40% because they weren’t sure if it was covered by their health insurance.

According to the report, American employees’ confidence in their health care coverage if faced with a major health event has declined over the past year (58%, compared to 64% in 2024).

The survey also reveals a disconnect between what workers say and what employers believe. Nearly three-quarters of employers (72%) believe their employees understand their total health care costs, yet only 54% of employees say they do, according to the report. Only two in five employees (42%) are confident that they understand everything about their health insurance policies, down from 49% in 2024. More than two-thirds of employees (69%) say they wish their organizations would provide more information about their benefits packages.

The survey was conducted online between April 2, 2025, and May 6, 2025. It includes responses from 1,002 employers and 2,000 employees across the United States. More information about the report is available here.

State News

Hinshaw Law
Employee’s Spouse’s loss of Consortium Claim Barred by Workers’ Compensation Exclusivity Rule
The California Supreme Court recently found that an employee’s spouse could not recover for loss of consortium in his civil employment action, even considering the “power press” exception to the Labor Code. Click here for full article.

Delaware Public Media
For the Ninth Year in a Row, Workers’ Compensation Insurance Rates in Delaware Are Decreasing
Workers comp rates have decreased in Delaware again. Delaware Insurance Commissioner Trinidad Navarro says workers’ compensation insurance rates are dropping for the ninth year in a row. Click here for full article.

Frost Brown Todd Attorneys
Kentucky Supreme Court Affirms Use of Official Disability Guidelines in Workers’ Compensation
In Howell v. Floyd County Board of Education, the Kentucky Supreme Court recently upheld the application of the Official Disability Guidelines (ODG) in the Commonwealth’s workers’ compensation system. Click here for full article.

Business Insurance
Insurer for Last Employer to Expose Worker to Hazardous Noise Levels Must Pay Claim
The Kentucky Supreme Court on Thursday ruled that the insurer for the last employer responsible for exposing a worker to hazardous levels of noise for a period of over a year was liable for the worker’s hearing loss claim. Click here for full article.

Business Insurance
Kentucky Supreme Court Upholds Denial of COVID-19 Death Claim
The Kentucky Supreme Court on Thursday affirmed the denial of benefits for a worker who died from COVID-19, finding his job didn’t increase his risk of contracting the disease. Click here for full article.

Insurance Business
Kentucky Supreme Court Makes KEMI Liable for Out-of-state Workers’ Comp Claims
Kentucky’s Supreme Court has ruled that insurers can be liable for workers’ comp claims even when employees end their careers in another state. Click here for full article.

Michigan Advance
Advocates Challenge Whitmer Policy in Michigan Supreme Court Wednesday Over Workers’ Comp Denials
The Michigan Immigrant Rights Center is suing Gov. Gretchen Whitmer in her official capacity to end the state’s policy of denying worker’s compensation to undocumented immigrants who are injured while working. Click here for full article.

Patch
MN Supreme Court Rules Against Minneapolis Schools, Sides With Teacher Who Tore ACL
A Minneapolis teacher who tore her ACL while playing basketball with students after school is entitled to workers’ compensation benefits, the Minnesota Supreme Court ruled Oct. 22 after reviewing the case. Click here for full article.

Hinshaw Law
Missouri Court Holds That State’s Workers’ Compensation Law Not Exclusive Remedy for Occupational Diseases
The Missouri Court of Appeals, Western District, has held that the Missouri Workers’ Compensation Law (WCL) does not provide the exclusive remedy for plaintiffs seeking redress for occupational diseases. Click here for full article.

Business Insurance
Statutory Employer Defense OK for General Contractors: Pa. Court
The Pennsylvania Supreme Court on Thursday explained that the statutory employer defense for general contractors who have not paid benefits to a subcontractor’s injured employee is not waivable in a decision overturning a Superior Court’s determination that a general contractor qualified for statutory employer immunity. Click here for full article.

Insurance Business 
Strategies for Workers’ Comp in a Changing Risk Landscape
In this workers’ compensation edition of IBTV, Andy Shelton, WA workers’ comp practice leader and property & casualty broker at Brown & Brown, delves into the sector’s hottest topics. Click here for full article.

General News

Risk & Insurance
Restaurant Worker Safety: Understanding the Hidden Costs Behind Kitchen Injuries
Restaurant workers face hazards at every turn—from razor-sharp knives and bubbling fryers to slippery floors and heavy stockpots. Click here for full article.

Business Insurance
Comp Grapples with Mental Injury Claims
Reintegrating an employee who has experienced a compensable mental injury into the workplace is a complex process that requires the same treatment, communication and claims management strategies used for all workers compensation cases, with one main difference: subjectivity. Click here for full article.

Business Insurance
Remote Work Saw Drop in Comp Claims Among Office Workers: NCCI
The National Council on Compensation Insurance on Friday released findings from a study that saw a 40% decline in workers compensation claims frequency among most office workers who worked remotely from 2019 to 2022. Click here for full article.

Insurance Journal
Workers’ Compensation Continues to Lead P/C Industry With Strong Profits
Although economic uncertainty could affect insurers in the near to midterm, the workers’ compensation line continues to be a key driver of the profitability of the entire property/casualty insurance industry even as workers’ compensation prices are falling, according to a new AM Best report. Click here for full article.

NCCI
2025 in Sight, 2024 in Review: The Latest Results for Workers Compensation
At its Annual Insights Symposium (AIS) in May 2025, NCCI presented the State of the Line Report—a comprehensive assessment of the workers compensation (WC) insurance line of business. Click here for full article.

NCCI
Remote Work and Workers Compensation Frequency
Since the COVID-19 pandemic, increased prevalence of remote work has created a major shift in US work patterns, with external estimates suggesting that 20–30% of all workers work remotely some or all of the time, up from 4–7% before the pandemic. Click here for full article.

Reuters
How AI Is Impacting Workers’ Compensation Claims
With the rapid development of artificial intelligence, we are seeing implementation of its use across various industries. The legal field is no different. Click here for full article.

Work Comp Central
Kamin: En Banc Clarifies Policy Reporting Requirements 
The Workers’ Compensation Appeals Board issues an en banc decision clarifying what policy information defendants must produce amid a confusing array of case law and regulations. Click here for full article.

WorkersCompensation.com
Restaurant Attack Leaves Delivery Driver Dead, Worker Injured
A violent rampage by a customer in a Chick-fil-A has left a delivery driver dead and a restaurant worker injured, officials said. Click here for full article.