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Find Solutions & Strategies April 12, 2010 |
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| The Donut Hole | | MSAs should be fixed now to account for closure of Medicare Part D prescription coverage gap |
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| A Note From the Editor |  | | Dear WC Professionals:
This free eNewsletter is designed to keep you informed of recent trends & developments nationwide. Help keep this eNewsletter free by telling your colleagues about it and asking them to contact me to be added to the distribution list.
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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| Emerging Issues Analysis: Article for Purchase |  | |
Vernon Sumwalt on
"A Tale of Two Cases" (Stare Decisis Only Matters Sometimes in North Carolina)
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| Top Cases: Missouri, Vermont | |
Missouri Top Cases, powered by Huck, Howe & Tobin. Martin Klug reports recent cases on idiopathic defense, chemical sensitivity and arthritis. Read it.
Vermont Top Cases Jan.-Mar. 2010. Keith Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC, surveys recent cases on non-Hodgkins lymphoma, intoxication, video surveillance, spinal cord stimulator, Chronic beryllium disease, vehicle modifications, and more. Read it. |
| Workers' Comp Profile | |
Brad E. Bleakney is a partner with Bleakney & Troiani in Chicago. Mr. Bleakney practices in the area of work related injury claims, Illinois Workers' Compensation and related third party litigation for accidental work injuries. He is a member of the CBA Chicago Bar Association, ISBA Illinois State Bar Association, WCLA Workers' Compensation Lawyers Association, CBA Committee on Workers' Compensation, and ISBA Workers Compensation Section Council (2006-2007-2008). He also serves on the Executive Committee for the Larson's National Workers' Compensation Advisory Board and regularly contributes to the LexisNexis Workers' Comp Law Community. Visit his Illinois Workers Compensation Blog. |
| Web Poll in Progress | The exclusive remedy rule (employer immunity) in your state is:
- increasingly being eroded by court decisions - 11%
- properly applied by courts in most cases - 33%
- somewhat eroded by a few recent court decisions - 44%
- undecided - 11%
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| featured article: donut hole | |
 What You Need to Do Now About the Medicare Set-Asides in Your Files. Teddy Snyder at Ringler Associates discusses the effect of the Affordable Health Care For America Act on Part D MSA Allocations. Read it.
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| Larson's spotlight: 5 recent cases you should know about | |
 Larson'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 OH: Alleged Horseplay During Team-Building Exer-cise Removed Incident From Course and Scope of Employment.
#2 CO: Employee of Food Vendor Was Statutory Employee of Grocery Store - Tort Action Against Store Barred by Exclusive Remedy Rule.
#3 NC: Employee's Fall Resulting From Idiopathic Condition Does Not Support Award of Benefits.
#4 MA: Court Affirms Double Damages Award Against Attorney in Fee Dispute.
#5 OH: Injuries Sustained During 78-Mile Commute Not Barred by Going and Coming Rule. |
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| BLOG ROUNDUP | |
 Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations 4/8/2010. Insurance broker, physician, mine owner, double dipper and more in the news. Read it
 Straight Talk About New York Workers' Comp. Insurance Rates. New York State Insurance Fund explains loss cost multiplier and experience modification. Read it
What They Saw at the ABA TechShow 2010 - 40 of the Best Commentaries and Resources. Robin E. Kobayashi of LexisNexis has rounded up 40 of the best blogs, podcasts, documents, and videocasts that summarize the lessons, experiences, and takeaways from this year's TechShow. Read it
 Including Migraines in Wellness Programs May Reduce Workplace Injuries. Reprinted from Workers' Comp Kit Blog, this article examines common misconceptions about migraines and how to diagnose them. Read it |
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| what's new in larson's workers' compensation law | 
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. Rights Between Insurers. Quite often a work-related disability develops gradually, or comes about as the result of a succession of accidents. Where successive insurance carriers insure the employer's workers' compensation obligation, disputes can arise between the carriers as to which must underwrite the employee's benefits. Chapter 153, which discusses the resolution of this important issue, has been revised by the Larson's editors. Generally, the insurance carrier covering the risk at the time of the most recent injury or exposure bearing a causal relation to the disability is liable for the entire compensation. For example, in Geathers v. 3V, Inc., 371 S.C. 570, 641 S.E.2d 29 (2007), where the evidence tended to show that the claimant's disability was caused by a second accident, which aggravated claimant's pre-existing condition cause by a first injury, and where there had been a change in the employer's workers' compensation carrier, the second carrier was responsible for the entire cost of claimant's benefits [see Ch. 153, § 153.02[1] n.4]. The chapter also discusses the important "last injurious exposure rule," a concept that places full liability upon the carrier covering the risk at the time of the most recent injury that bears a causal relation to the disability. Determination of these issues is generally driven by the particular facts of the case. Commissions and courts are often called upon to draw fine lines.
For example, in Lanes v. Mont. State Fund, 2008 MT 306, 346 Mont. 10, 2008 Mont. LEXIS 461 (September 3, 2008), an employee contracted an occupational disease within his left knee while working for his primary employer. He also served as a part-time minister at a nearby church. The Montana court held that there was substantial credible evidence supporting the compensation court's factual findings that the employee's duties as a minister did not significantly aggravate his right knee condition; his last injurious exposure was with the employer, not with the church.
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 | | New! Illinois Workers' Comp Guidebook (Call 1-800-223-1940, Ask for Publication #1439) |
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| save 50% now on larson's |
Larson's Workers' Compensation Law (12 vols.)
Regular Price: $3,981
Discount Price: $1,990.50
Larson's Workers' Compensation, Desk Edition (3 vols.)
Regular Price: $1,063
Discount Price: $531.50
Offer good through April 2010 |
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