LexisNexis Workers' Compensation eNewsletter

Vol 1, Issue 15

Find Solutions & Strategies July 6, 2010

Roadblocks to Return-to-Work Programs

Barriers remain despite legislative mandates and employer efforts

In This Issue

-FEATURED ARTICLE: Return-to-Work

-LARSON'S SPOTLIGHT: PPOs, recreation, mental injury, tort, tactical delay

-BLOG ROUND UP: fraud, subsequent remedial measures, NYSIF report, Delaware cases

-NATIONAL NEWS

-STATE NEWS

-WHAT'S NEW IN LARSON'S: Traveling employees

-LARSON 50% OFF SALE

-eNEWSLETTER ARCHIVES

A Note From the Editor

Dear WC Professionals:

I'm pleased to announce that the 50% Discount Offer on Larson's Workers' Compensation Law and Larson's Workers' Compensation Desk Edition has been extended through December 2010, We appreciate the positive response from the workers' community!

Sincerely,
Robin E. Kobayashi, J.D.

LexisNexis Editorial & Content Development

robin.e.kobayashi@lexisnexis.com

Impairment Guides Resource Center

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Workers' Comp Profile

Maureen Kohl Bennington, MS, CCM, CDMS, CPUR, CRC, has over 20 years experience in the field of workers' compensation. She has a Masters of Science degree in Rehabilitation Administration and is credentialed in Case Management, Disability Management, Utilization Review and Vocational Counseling. Ms. Bennington has extensive knowledge related to all managed care products. She has been responsible for the development of case management, medical bill review and utilization review programs, file review and audit procedures, return-to-work programs and disability management product development and implementation procedures. She has also worked with carriers in auto, general liability, group health, long term disability and short term disability.

FEATURED ARTICLE

Roadblocks to Return-to-Work Programs. Statistics consistently indicate an estimated 50 percent of injured workers who are off work for more than 6 months never return to the workforce. Some studies suggest the risk is increased as early as 12 weeks. It is difficult to digest these statistics and grasp an understanding of why so many injured or ill workers do not return to the work force. ADA legislation mandates an interactive process and job accommodation. Workers' compensation regulations incorporate language outlining the necessity to assist injured workers with vocational rehabilitation and return to work. How can barriers to return-to-work remain for injured and ill workers despite legislative mandates and employer effort? > Read more

By Maureen Kohl Bennington, MS, CCM, CDMS, CPUR, CRC

Larson's spotlight: 5 recent cases you should know about

Tom Robinson thumbnail 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.

> Read the case summaries and court decisions.

#1 LA: Third District Court of Appeal Upholds $262 Million Award Against Multiple Preferred Provider Organizations

#2 CT: Exercise Walk on Employer's Property During Unpaid Lunch Held Not Compensable

#3 DC: "Mental-Mental" Claim That Arose From Employer's Confrontation over Alcohol Use Fails

#4 GA: Widow of Slain Deputy May Not Maintain Tort Action Against Sheriff and Other County Officials

#5 NJ: Attorney's Tactical Delay, Coupled With His Serious Illness, Spells Doom for Reinstatement of Workers' Compensation Claim

blog round up

Fraud Sign

Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations 7/1/2010. Read it.

Subsequent Remedial Measures Rule and Applicability to the Workers' Compensation Arena, by National Workers' Compensation Defense Network (NWCDN). Posted by WorkersCompensation.com. Read it.

Subsequent Remedial Measures Rule State by State Survey, by National Workers' Compensation Defense Network (NWCDN). Posted by WorkersCompensation.com. Read it.

NYSIF Announces Release of 2009 Annual Report. Report highlights NYSIF's 95 years of continuous service to the New York workers' compensation system. Read it.

Another Delaware UR appeal--The Jesus Syndrome: Dr. Rudin walks on water, by Cassandra Roberts. Read it.

No Headache for This Claimant When DE IAB Allows Permanent Impairment Benefits to Both the Brain and the Head, by Cassandra Roberts. Read it.

No "News" Here: Delaware IAB Rules Newspaper Carrier Is Independent Contractor, by Cassandra Roberts. Read it.

national NEWS

> U.S. Supreme Court Says Employer Can Search Employee's Text Messages
> Employers Warned About Pitfalls for Unpaid Internships
> Pros and Cons of Structured Settlement Buyout Offers Debated
> AASCIF President and MD IWIF CEO Speak on Joblessness, Healthcare Reform
> Workplace Violence Can Put Your Company At Risk
> NCRB Clarifies Several State Rule Exceptions to NCCI Manual
> House and Senate Democrats Announce Summary of Major Safety Reforms for Mines and Other Dangerous Workplaces
> Special Series: Workers' Comp 20/20 - What Will Workers' Comp Look Like In The Year 2020?
> MIOSHA Fines Hastings Manufacturing Company $118,750 For Failure To Protect Employees
> Coventry Incurs Legal Charge of $278M After Losing First Round in Class Action PPO Lawsuit
> NWCDN Issues "Save The Date" Notice for October Seminar in Chicago
> US: SoL Solis Statement on Introduction of New Mine Safety Legislation

state NEWS

> CA: RAND Study Posted on Frequency, Severity, Economic Consequences of Musculoskeletal Injuries to Firefighters
> CA: Home Improvement Self-Insured Group to Expand Membership to Other Types of Retailers
> CA: WCIRB Releases Report on Losses and Expenses for CY2009
> CA: CMTA and CompWest Form Partnership to Provide Workers' Comp Insurance for Manufacturing Sector
> CA: State Collects $529M in Reinsurance Contract Dispute Between U.S. Life and Superior National
> CA: Insurance Commissioner Announces $30M in Grants to Fight Workers' Comp Insurance Fraud
> CO: Pinnacol Assurance CEO Interviewed on Mutualization, Workers' Comp Market
> CT: Workers' Compensation Commissioner Donald H. Doyle, Jr. to Retire
> DC: Embattled Risk Management Head Placed on Administrative Leave
> FL: CFO Urges Claims Administrator Feinberg to Improve Claims Process
> GA: Exclusive Remedy Bars Lawsuit Brought by Widow of Courthouse Shooting Victim
> IL: IWCC Commissioner DeMunno Out Due to Illness
> IL: Judge Allows AIG to Pursue Racketeering Claims Against Rival Workers' Comp Insurers
> IN: New Guns in Workplace Law Takes Effect
> KY: DWC to Review Medical Fee Schedule for Physicians
> LA: Court of Appeal Upholds $262M Judgment in PPO Case
> MD: Insurance Administration to Investigate if IWIF Should Pay Premium Taxes
> MD: MOSH Issues Guidance on Heat Stress In Workplace
> MD: Workers' Compensation Claims, Accidental But Not Unusual
> MT: WCC Finds Bear Park Owner Must Indemnify UEF in Grizzly Bear Attack Marijuana Case
> MT: WCC Defines "Paid in Full" for Purposes of Retroactive Application of Judicial Decisions
> NE: WCC Activates DRG Reporter Registration and Data Submission File Upload Web Apps
> NH: Governor Signs HB 1371
> NH: Governor Signs Bill Allowing Witnesses at Independent Medical Examinations
> NJ: NJCRIB Issues Reminder Concerning Administrative Sanctions
> NJ:: Workers' Comp Attorney's Tactical Delay Backfires When Illness Caused Him to Miss Deadline
> NY: Deal Reached on Labor Regulations for Nannies, Domestic Workers
> NY: Legislature Passes Construction Worker Misclassification Bill
> NY: NYSWCB Posts Notice of Proposed Medical Treatment Guidelines
> NY: WCB and Other State Agencies Funded by Fees Reluctant to Eliminate Job Titles
> NY: Court Unanimously Affirms Aggregate Trust Fund Deposit Provision in Workers' Comp Law
> NY: WCB Chair's Statement on Release of the Medical Treatment Guidelines Proposed Regulations
> OH: Deadline Looms for Private Employers to Sign Up for BWC Drug-Free Program
> PA: Martin Banks Law Firm Splits Up
> RI: Beacon Mutual Announces 17 Percent Workers' Comp Insurance Rate Reduction
> SC: WCC Proposes Amendment to Cancellation Notice for Workers' Comp Insurance
> TN: Court Rules Companies Subcontracting Part of Principal Business Immune From Negligence Claims by Subcontractor Employees
> TN: Hearing on Proposed Claims Adjuster Training Rules Scheduled
> TX: DWC Posts June 2010 Issue of Texas Workers' Comp Update Newsletter
> TX: TDI-DWC Recognizes Detex Corporation With Peer Review Safety Award
> TX: Sunset Commission to Vote on Workers' Comp Changes Related to Physician Fraud, Abuse
> WA: BIAW Submits Signatures to Place Privatization Initiative on November Ballot
> WV: Judge Finds Brickstreet Breached Workers' Comp Policy, Must Pay for Man's Loss of Fingers
> WV: Workers' Comp No Longer Subsidized for Governmental Entities, According to Opinion Piece
> WV: Governor Wants State Agencies to Consider All Workers' Comp Options

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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.

Traveling Employees. Where an employer is able to control the conditions of the workplace, such as within a manufacturing facility or an office complex, it is reasonable to burden the employer with the cost of work-related injuries. Where the employee's activities take place at other locations, far outside the control of the employer, the rule is not so strictly applied. An exception applies generally where the employee's work entails travel away from the employer's premises. Such travel is usually considered to be within the course of his or her employment continuously during the trip, except when there is a distinct departure on a personal errand.

This rule is discussed in Chapter 25,which has been revised and updated as well. In Houck v. Tarragon Mgmt., 4 So. 3d 73 (Fla. Dist. Ct. App. 2009), one such personal departure is illustrated [See Ch. 25, § 25.03[1] (Digest) n.7]. The employer arranged for a property manager to travel to another city to perform some training activities. She was to stay in a company-owned condominium while performing her duties. The manager was killed while crossing the street as she walked to a nightclub several days before her official duties were to begin. The court concluded that her fatal injuries were not sustained within the course and scope of the employment.

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