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Find Solutions & Strategies February 7, 2011 |
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Workers' Compensation Centennial
Lex Larson to deliver keynote address at Massachusetts' Centennial Symposium | |
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A Note From the Editor |  | Dear WC Professionals:
Get your ticket soon for the Centennial Symposium in Boston, MA. Our author Lex Larson is the keynote speaker. Sincerely, Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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Centennial Symposium |
April 7, 2011
Intercontinental Hotel
Boston, MA |
Making History:
Celebrating 100 Years of Workers' Compensation
Keynote Speaker

Lex K. Larson, author of Larson's Workers' Compensation Law (LexisNexis)
Register today |
Workers' Comp Profile |
George the Bartender Series, published by Kegel, Tobin & Truce, is a gem for anyone "seriously" interested in workers' compensation. The Blog consists of a generous selection of memos written by defense practitioner, Joe Truce, on all sorts of workers' compensation issues. The Blog makes for a very lively and entertaining read, combined with an excellent, reasoned discussion of workers' compensation issues within the state of California.The Blog was named a Top 25 Blog for 2010 by LexisNexis.
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the first 100 years |
Workers' Compensation in the United States: The First 100 Years, by Alan Pierce
The year 1911 saw the enactment of this country's first state-based Workers' Compensation laws. The effects of the Industrial Revolution begun some decades earlier made it necessary to change the way the costs associated with workplace injuries and deaths were compensated.
Wisconsin claims credit for the first constitutional statute (earlier attempts failed constitutional muster) with Massachusetts and eight more states not far behind. Thirty-six other states followed by the end of the decade....
On April 7, 2011 Massachusetts will be holding a centennial commemoration that has attracted interest across the country. Before detailing our plans in Massachusetts, it is worthwhile to briefly examine the historical origins of a concept of a no-fault based system of compensating job related injuries and deaths. Who then can lay claim to the first model of a modern Workers' Compensation system? > Read more |
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gauging the economy |
NCCI Gauges the Economy and Implications for Workers' Compensation. In its latest quarterly newsletter, National Council on Compensation Insurance, Inc. examines factors in the current economic environment that typically impact workers' compensation insurance.
Some of the key findings were: (1) private sector employment is slowly improving but still weak, and the unemployment rate has remained high, all of which translate to a continuation of "downward pressure" on exposure and claim frequency; (2) wage growth is expected to slowly increase; NCCI projects a conservative 2.6% growth in AWW for 2011; (3) medical care price inflation will continue and will likely outpace the general rate of inflation in the economy in the foreseeable future, creating continued pressure on medical severity (cost per claim) for years to come; (4) interest rates may increase slightly by 2011. > Read more |
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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 c ompiled by Thomas A. Robinson, a staff writer for Larson's Workers' Compensation Law, the nation's leading authority on workers' compensation law.
1. US: Texas Employee May Maintain Mesothelioma Tort Action Against Employer Since All Exposure Occurred Prior to Amendment of Work Comp Act Adding Disease as a Covered Injury
2. AL: Retiree Injured While Driving Vehicle to Car Dealership Was Independent Contractor, Not Employee
3. LA: Claimant Is Disqualified From Benefits and Ordered To Make Restitution Where He Tried to Get Physician to "Change His Story"
4. LA: Pro Football Player's Average Weekly Wage Computed Based on Earnings at Time of Injury, Not Level of Benefits He Later Received Under Collective Bargaining Agreement
5. NY: Disabled Son-Cared for By Deceased Worker's Sister and Husband-Does Not Qualify for Death Benefits Where No Actual Showing of Dependency |
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blog round up at the lexisnexis workers' compensation law community |
Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations - 2/3/2011. Read it.
Access the Workers' Compensation Law Community Instantly From Your Smartphone Using Our QR Code, by Lexis Workers' Compensation Law Center Staff. Read it.
Big doings in Delaware: The DE Supreme Court looking to objectively define "reasonable job search" and create a presumption on the issue of "displaced worker"? by Cassandra Roberts. Read it.
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how to achieve medicare secondary payer compliance
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Take Control of Your Insurance Settlements With A Brand New Resource From LexisNexis!
"Finally, someone delivers a clear, concise reading in this area, with some definitive answers for both lawyers and claims specialists and accurate reporting dealing with MSP compliance and MSA allocations with all of the necessary resources found in one place."
"An excellent new book ... a one-of-a-kind resource ... [Jennifer C. Jordan's] straight-talk is much appreciated when it comes to this illusive area of the law."
- Rebecca Shafer, JD, President, Amaxx Risk Solutions, Inc. Read her complete review at Workers Comp Kit Blog.
There are many people who don't understand that the Centers for Medicare and Medicaid Services' approval process of a Medicare set-aside arrangement is voluntary and carries an inherent cost. In fact, many of the decisions that need to be made in a settlement negotiation are risk management decisions rather than being truly Medicare Secondary Payer-oriented. Once you understand why CMS wants what it wants, you will realize that its preference may not be the only way to achieve MSP compliance. The Complete Guide to Medicare Secondary Payer Compliance, Jennifer C. Jordan, Editor-in-Chief, will help you take control of your insurance settlements. > Read more about the contents (1,350 pages). List Price: $179
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 | 2010 Edition - Call 800-833-9844 |
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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: Robin.E.Kobayashi@lexisnexis.com.
Fatal Injuries Sustained Prior to Employment Contract Found Not Compensable. An Arkansas court reversed a decision that had granted death benefits to the dependents of a purported employee who was killed on what would have been his first day of work as he accompanied his purported employer to a job site while the two discussed the job, its pay, and requirements. The purported employer's statement that he would have hired the worker had the accident not occurred did not create an employment relationship between the two. [See Scroggins v. Glen Roberts Excavation, 2010 Ark. App. LEXIS 88 (2010); Ch. 65, § 65.02[2] n12.2]
Death Benefits Awarded Following Firefighter's Death After Running Wind Sprints. In Long v. City of Charlotte, 2010 N.C. App. LEXIS 678 (Apr. 20, 2010), the Court of Appeals of North Carolina upheld a decision by the state's Industrial Commission that had awarded death benefits to dependents of a 44-year-old firefighter who died after running wind sprints during a physical exercise period. [See Ch. 43, § 43.03[1][b] n42] |
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