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Find Solutions & Strategies May 10, 2010 |
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Utilization Review and Common Sense | |
Pennsylvania medical provider failed to timely furnish medical records to UR organization after sending inaccessible CD-ROM |
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| A Note From the Editor |  | | Dear WC Professionals:
Many states are wrapping up their legislative sessions for 2010. Has your state passed any significant workers' comp-related legislation this year?
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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| Videocast of the Week | | What percentage of tort claims are Medicare beneficiaries?
Hear what Navigant Consulting Managing Director James Tanella had to say. View it |
| Web Poll In Progress | |
Should a worker who uses medical marijuana at home be fired by his employer for testing positive for drugs?
- Yes - 29%
- Depends on nature of work - 29%
- No - 43%
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| Workers' Comp Profile |
Brian J. Caveney M.D., J.D., MPH, serves on the faculty of Occupational and Environmental Medicine at Duke University Medical Center in Durham, North Carolina. In addition to educational responsibilities, he provides clinical occupational medical services both at Duke and at several industrial settings; and he provides workers' compensation, disability, case management, employee wellness and regulatory compliance consulting for several companies in the Research Triangle Park area. Dr. Caveney is the new Editor-in-Chief of Occupational Injuries and Illnesses, published by LexisNexis. |
| Impairment Guides Resource Center (click on image) | |
This site, formerly called the AMA Guides Resource Center, is designed to help you locate Impairment Guides-related materials on the LexisNexis Workers' Compensation Law Community, the Internet, and lexis.com. Click on the image above to access the site. |
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| featured article: utilization review | |
 Utilization Review and Common Sense in Pennsylvania. Michael D. Sherman of Fried, Kane, Walters, Zuschlag and Grochmal examines the recent case of Jimmie Shaw vs. Workers' Compensation Appeal Board, where the court addressed the sufficiency of a medical provider's compliance with the statutory requirement to timely furnish medical records to the utilization review organization. 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 NY: Workplace Argument and Assault Results in Compensable Claim
#2 FL: Estate's Tort Claim Under State's "Virtually Certain" Exception Fails
#3 IN: Cancellation of Workers' Compensation Insurance Allowed Where Notice Received by Board Less than 10 Days Before Cancellation Date
#4 TN: Road Construction Worker's Death After End of Work Day Still Arose Out of the Employment
#5 UT: Common-Law "Fellow-Servant" Doctrine No Longer Applies to Tort Actions Filed Against Workers of Affiliated Employers
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| blog round up | |
 Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations 5/6/2010. Read it
 Balancing on the High Wire of Risk Management? STOP! Take Charge of Your Workers Comp and Liability Claims. A podcast submitted by Rebecca A. Shafer on Claims Handling and Risk Management. Hear it
 Will Common Law Bad Faith Survive in Texas? Texas Mutual Insurance Co. v. Ruttiger. Submitted by Stuart D. Colburn on behalf of Downs Stanford. Read it
When Irish Eyes Are Smiling: DE IAB Smiles on Claimant Holding Trip to Ireland Is in Course & Scope, by Cassandra Roberts, Young Conaway Stargatt & Taylor. Read it |
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 | | New! Illinois Workers' Comp Guidebook (Call 1-800-223-1940, Ask for Publication #1439) |
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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. The Semi-Public Nature of Compensation Insurance. Since compensation insurance is for the benefit of the employee as well as of the employer, some of the usual incidents of insurance are modified for the employee's protection. Defenses, such as nonpayment of premium or breach of policy conditions, which the insurer might have against the employer, are not available against the employee. Moreover, under many statutes a policy cannot be canceled merely by action of the insurer, the employer or both; notice to the compensation commission is ordinarily required, followed by an interval in which replacement of the insurance can be effected. Chapter 150 has been revised, bringing up to date the discussion of this important aspect of workers' compensation law.
As pointed out in the chapter's discussion, while the commission or other body charged with the responsibility of managing a state's workers' compensation act generally has jurisdiction to pass upon questions of compensation insurance when they affect the rights of the employee, such is not the case where the employee's interests are not at state. Thus, in one recent Louisiana decision, Broussard Physical Therapy v. Family Dollar Stores, 2008 La. LEXIS 2760 (December 2, 2008), where the dispute was between an employer and its Preferred Provider Organization, the court observed that the employer's claim against its PPO arose not out of the Act, but out of the contract between the two entities. The PPO could never owe the underlying workers' compensation obligation and, therefore, could never be a workers' compensation obligor. Any claim against such a party belonged in the state's district court, not before the Office of Workers' Compensation [see Ch. 150, § 150.04[2] n14]. |
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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 extended through June 2010 |
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