National Edition Banner March 2010
Vol 1, Issue 22

Find Solutions & Strategies                             August 23, 2010

Volunteer Firefighters and Course of Employment
Iowa Supreme Court rules volunteer firefighters cannot be summoned to duty by circumstances 
In This Issue
-LARSON'S SPOTLIGHT: Retaliatory Discharge, Subrogation, Ex Parte Communication, Volunteer Firefighter, Initial Physical Aggressor
-BLOG ROUND UP: fraud, TX: disability, Longshore Act, Top Insurance Blogs
-IMPAIRMENT GUIDES
-NATIONAL NEWS
-STATE NEWS
-WHAT'S NEW IN LARSON'S: Emotional strain
-LARSON 50% OFF SALE
-eNEWSLETTER ARCHIVES
A Note From the Editor
Robin Kobayashi
Dear WC Professionals:
 
I suppose the good news out of Florida last week at the FWCI Conference is that Robert P. Hartwig, President of the Insurance Information Institute, predicted we will not have a double-dip recession. Read more.
 
Economic recovery will be slow, but can workers' comp systems survive in the meantime?
 

Sincerely,
Robin E. Kobayashi, J.D.

LexisNexis Editorial & Content Development
Workers' Comp Profile

EdgarRomanoEdgar Romano, a New York City attorney with Brecher Fishman Pasternack Walsh Tilker & Ziegler, is a past President of the Workers Injury Law and Advocacy Group (WILG) and past Vice Chair of the Workers' Compensation Section of the American Association of Justice. He also serves on the Board of Directors of the Society of N.Y. Workers' Compensation Bar Association. He has been an active trial lawyer in the area of worker's compensation and lectures throughout the country. He is on the Advisory Committee to the World Trade Center Medical Monitoring Program at Mt. Sinai Hospital and is listed in "Who's Who in American Law".


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. 

> Read the summaries and court decisions.

#1  
7th Circuit: Jury Verdict in Retaliatory Discharge Case Overturned by Federal Court

#2 
WA: Insurer Has No Subrogation Right in Injured Worker's Third Party Settlement Related to "Pain and Suffering"

#3  
CA: Worker Gets New Qualified Medical Evaluator Based upon QME's Ex Parte Communication With Defense Counsel

#4  
IA: Volunteer Fireman May Not Be "Summoned" by Circumstances-Only by an Appropriate Official

#5 OH: Injuries Sustained in Beer Fight at Work Held Not Compensable

blog round up

Fraud Sign

Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations 8/19/2010. Read it.


Stuart Colburn Texas Appeals Panel Decision No. 100201 - Disability, by Stuart Colburn. Read it.

 


Stephen EmbryBath Iron Works v. Fields, Weighing the Evidence, by Stephen Embry. Read it
 
 
  
ILC Top Blog 2009Top 50 Insurance Blogs for 2009, by LexisNexis Insurance Law Community. Read about the winners.
impairment guides resource center
 
Impairment Guides Resource Center
 
national news
> College of Workers' Compensation Lawyers 2010 Writing Competition for Law Students
> WorkersCompensation.com Announces "Virtual Claims Kit" To Be Available In September
> Workers' Comp Carriers Hit Hard by Recession, According to Experts
> National Underwriter Names Workers' Comp Risk Management Award Winners
> National Workers' Compensation Defense Network Announces Free Semi-Annual Seminar In Chicago
state news
> CA: CAAA Questions Whether Insurers' Costs Have Increased
> CA: DWC Unveils New EAMS Web Site Tools
> CA: WCIRB Submits Filing Recommending 29.6% Increase in Pure Premium Rates Effective 1/1/2011
> CA: CHSWC Releases The Whole Worker: Guidelines For Integrating Occupational Health And Safety Programs
> CA: CHSWC Post Draft QME Study For Public Comment
> CA: Gov Applauds Improved Heat Regulations
> CO: DOI to Hold Public Hearing on Pinnacol Rates
> CO: Judge Orders Pinnacol to Turn Over Pebble Beach Trip Records to T.V. Station
> DE: WC Adds P2P Conversation To UR Process
> FL: SUNZ Insurance Expands to Four States
> GA: SBWC Penalizes Delinquent Case Progress Report
> IL: Jury Awards $30M to Disabled Worker in Popcorn Diacetyl Lawsuit
> IL: Court Addresses IWCC's Authority to Subpoena Copies of Medical Records
> IN: 2009 Indiana Occupational Fatalities Report
> IA: Posts Notice Of Proposed WC Rate Filing
> IA: NCCI Files 4.7 Percent Increase for Workers' Comp Rates
> IA: 2010 Second Injury Fund Assessment
> KY: DWC To Hold EDI Meeting
> LA: LWCC Announces 3 Promotions
> MN: L&I Post August Issue of Compact Newsletter
> MO: "She's a Drama Queen" Defense Fails In PTSD Claim
> MO: New Law Helps Consumers When Insurance Companies Face Financial Problems
> MT: Lawmakers to Decide Whether to Endorse Workers' Comp Changes
> MT: Lawmakers Approve Draft Bill to Reform Workers' Comp
> NY: Notification Of Meeting Of Special Disability Fund Advisory Committee
> OR: DCBS Issues Notice of Hearing on 2011 Workers' Compensation Premium Assessment Rates
> SC: Haley Gives Her Take On WC
> SC: GOP Gubernatorial Candidate Wants Dept. of Insurance to Oversee Workers' Comp Claims
> SC: Fatal Work Injuries Fall To Record Low In 2009
> SC: WCC Approves Increase In Hearing Cost
> SD: DOL Report Says Workers' Comp Costs Continue to Rise Due to Medical Expenses
> TX:  Worker Deaths Increase 3.9 Percent in 2009
> VA: Southwestern VA Coal Mine Fined In 2009 Mining Fatality
> VT: DOL Summarized Key Workers' Comp Reforms

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Unusualness in Emotional Strain Cases--Emotional Tension Suffered by Arab Office-worker in Period Following Terrorist Attacks on September 11, 2001 Found Not Compensable.  In the Matter of Young v. Pentax Precision Instrument Corp., 57 A.D.3d 1323, 870 N.Y.S.2d 151 (2008), a New York appellate court affirmed a determination by the state's Workers' Compensation Board that a claimant failed to establish her claim of mental injury when she alleged that she had been subjected to repeated episodes of harassment after September 11, 2001 because of her Egyptian ethnicity and, as a result, suffered a mental injury.  While claimant testified that she was cursed at and struck in the head by one of her coworkers, subjected to offensive anti-Arab cartoons that were placed on a bulletin board, repeatedly ignored and belittled by her supervisor in front of others, and asked by her supervisor if she had turned her family in to the FBI for investigation, the employer's witnesses presented an entirely different story.  The differences in testimony presented credibility issues for the Board to resolve.  The appellate court could not weigh the evidence. See Ch. 44, § 44.05[2] n.19.1.

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ENEWSLETTER ARCHIVES
Take a deep dive into our past eNewsletters for 2010...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.
 
August 16, 2010
August 9, 2010
August 2, 2010
July 26, 2010
July 19, 2010
July 12, 2010
July 6, 2010
June 28, 2010
June 21, 2010
June 14, 2010
June 7, 2010

June 1, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103429848711.html

May 24, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103413363850.html

May 17, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103381311800.html

May 10, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103357743816.html

May 3, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103341205434.html

April 26, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103322693319.html

April 19, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103297165462.html

April 12, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103271969813.html

April 5, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103241142980.html

March 29, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103227422480.html

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