National Edition Banner March 2010
Vol 1, Issue 2

Find Solutions & Strategies                                   April 5, 2010

How to Stay on Top of Case Developments
Larson's Spotlight features noteworthy cases each week
In This Issue
-LARSON'S SPOTLIGHT: 5 recent cases
-BLOG ROUNDUP: Obesity, Fraud, Health reform, Longshore employee
-NATIONAL NEWS
-STATE NEWS
-50% OFF LARSON'S
-WHAT'S NEW IN LARSON'S: Awards in different states
-EMERGING ISSUES ANALYSIS
A Note From the Editor
Robin Kobayashi
Dear WC Professionals:
 
This free eNewsletter is designed to keep you informed of recent trends & developments nationwide. I look forward to hearing your comments & suggestions. 
 

Sincerely,
Robin E. Kobayashi, J.D.

LexisNexis Editorial & Content Development
Emerging Issues Analysis: Article for Purchase
Steven Feinberg

  Steven D. Feinberg, M.D. on Medications and Chronic Pain

Quick Links

Top 25 Blogs for 2009

Fraud Awareness Resources
 Fraud Magnifier
 
Workers' Comp Profile

Rebecca ShaferRebecca A. Shafer is an attorney specializing in risk management, workers' compensation and litigation management. She was in-house counsel for a Fortune 500 Corporation where she managed claims and litigation. She also developed and led the workers' compensation risk management consulting practices and training facilities for Marsh and Aon Risk Services. Most recently, she has developed WorkersCompKit, a unique online workers' compensation tool kit. She is a frequent contributor to the LexisNexis Workers' Compensation Law Community and serves on the Executive Committee for the Larson's National Workers' Compensation Advisory Board.

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Web Poll Final Results
How will health care reform impact workers' comp?
 
Too soon to tell - 50%
 
Will improve workers' comp systems - 32%
 
Will undermine workers' comp systems - 18%
Larson's on Mental Stress
"The Treatise simplified the issue [of stress] by setting to one side the 'mental-physical' and the 'physical-mental' cases. In the first, a shock or strain or fright produces, for example, a heart attack; all states hold this compensable. In the second, the victim of a real traumatic injury retains a disabling neurosis or 'conversion hysteria'; all states also compensate these cases. In both categories there is something physical for courts to get hold of. This leaves my third category: 'mental-mental.' A mental stimulus produces a mental or nervous collapse. There is nothing 'physical' in the colloquial sense, and for many years most of these cases went uncompensated, although the worker was as clearly disabled as if he had broken his neck."
 
A Twentieth-Century Life: The Memoirs of Arthur Larson
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Larson's spotlight: 5 recent cases you should know about

Tom Robinson thumbnailLarson's Spotlight reports noteworthy workers' comp cases each week. This list was compiled by Thomas A. Robinson, a staff writer for Larson's Workers' Compensation Law, the nation's leading authority on workers' compensation law. 


#1 Ohio: Bank Employee Recovers Benefits for Trauma Associated With Shooting During Robbery.
 
#2 Florida: Where Injuries Aren't "Readily Observable," Claimant Must Offer Expert Medical Evidence of Causation.
 
#3  Georgia: Husband of Injured Worker Reimbursed for Attendant Care Provided to Wife.
 
#4  Ohio: State's Most Recent "Substantially Certain" Statute Allowing Torts Actions Against Employers in Limited Circumstances Found Constitutional.
 
#5  Ohio: Employer May Be Liable in Tort Where Employer Withholds Travel Money From Worker's Pay to Reimburse Another Employee Driver.
BLOG ROUNDUP

Maureen Bennington

The Impact of Obesity on the Resolution of Workers' Compensation Claims, by Maureen Kohl Bennington, M.S., CCM, CDMS, CPUR, CRC. Read it  
 
Fraud SignWorkers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations 4/1/2010. Read it 
 
 NIOSH
 
Prevention in Health Reform, by John Howard, MD, Director, National Institute for Occupational Safety and Health. Read it
 
BRBS logo
Who Is an "Employee": Construction Workers, Dock Workers, and Specialty Occupations, by Yelena Zaslavskaya, Counsel for Longshore Office of Administrative Law Judges, U.S. Department of Labor. Read it
 
national news
> Study Finds Increased Benefits Cost From High Risk Comp Claims After Company Downsizing > Lexington Insurance Company Introduces Nanotechnology Specific Liability Coverage and Risk Management Services
> CompPharma Publishes Terms and Definitions for Workers' Compensation Pharmacy Industry > CMS Posts Revised Implementation Timeline for MSP Mandatory Reporting
> CMS Posts Revised Quick Reference Guide for Section 111 RRE's > US DOL Says Impact of Health Care Reform Bill on Black Lung Benefits Overstated
state news
> CA: CWCI Elects Board of Directors for 2010
> CA: Salinas Men Plead Guilty to Denying Workers' Comp Benefits to Injured Employees
> CA: Seabright Insurance Company v. U.S. Airways, Inc. - Trial Court Erroneously Applied Rule of Privette-Toland
> CA: Court of Appeal Allows Furloughs to Continue Temporarily > CO: Construction Groups Oppose Workers' Comp Policyholder Protection Bill
> CO: Legislature to Shelve Pinnacol's Proposal for Autonomy > CO: Workers' Comp Bill to Aid Seniors Awaits Governor's Signature > CT: Newspaper Pays $7.65M to Settle Lawsuit Involving Zig-Zag Delivery Vehicle Practice > MT: State Fund Study Explains Montana's High Workers' Comp Insurance Rates
> NJ: Tom Considine Sworn in as New Commissioner of Dept. of Banking and Insurance > TX: Court Orders Claimant to Repay $21K To Texas Mutual
> TX: Exclusive Remedy Rule Barred Injured Worker's Civil Lawsuit
> UT: Labor Commission Seeks Employer's Representative for Workers' Comp Advisory Council
> UT: Neal T. Gooch Named Acting Insurance Commissioner
world health day: april 7, 2010
World Health Day 2010
 
April 7, 2010 is World Health Day. Events will be organized worldwide during the week of 7-11 April 2010. The global goals of the campaign are:
  • 1000 cities: to open up public spaces to health, whether it be activities in parks, town hall meetings, clean-up campaigns, or closing off portions of streets to motorized vehicles.
  • 1000 lives: to collect 1000 stories of urban health champions who have taken action and had a significant impact on health in their cities.
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Lex LarsonMy Thoughts on Workers' Compensation and the Impact of the Larson Treatise - An Interview With Lex K. Larson. Read it
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AMA Guides Handbook (Vol. 3, Occupational Injuries and Illnesses)
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what's new in larson's workers' compensation law
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Lexis.com subscribers to Larson's Workers' Compensation Law can link to the chapter discussion below. Find out more about how to become a Larson's online subscriber by contacting
Caroline.Conway@lexisnexis.com.

 

 
 
Successive Awards in Different States.  The Chapter 141 discussion related to the "double recovery" problems that arise from the fact that an injured employee may sometimes be able to recover benefits under the workers' compensation laws of more than one statute has been revised and updated.  The chapter discusses the legal and historic importance of three United States Supreme Court decisions: Magnolia, McCartin, and Thomas and concludes that multiple awards can apply to a single compensable injury, so long as each state has a relevant interest in the case.  The injured employee is due but one total recovery, however.  Successive awards can be made in different states, so long as the first award is deducted from the second.
emerging issues analysis
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Dollar Sign Blue Vernon Sumwalt on North Carolina Preapproval and Awards of Retroactive Attendant Care Services.
Read excerpt here before purchasing

Dollar Sign Blue Steven D. Feinberg, MD on Complex Regional Pain Syndrome: Reflex Sympathetic Dystrophy & Causalgia - Read excerpt here before purchasing
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