National Edition Banner March 2010
Vol 2, Issue 6

Find Solutions & Strategies                           February 7, 2011

Workers Comp Centennial

 

Workers' Compensation Centennial

 

Lex Larson to deliver keynote address at Massachusetts' Centennial Symposium

In This Issue
-WORK COMP CENTENNIAL
-THE ECONOMY & WC
-LARSON'S SPOTLIGHT: 5 RECENT CASES: Mesothelioma, Independent Contractor, Disqualification for Benefits, Football Player's Average Weekly Wage, Death Benefits and Dependency
-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud, Smart Phone access, DE case
-MSP COMPLIANCE BOOK
-NATIONAL NEWS
-STATE NEWS
-WHAT'S NEW IN LARSON'S: Death benefits
-eNEWSLETTER ARCHIVES
A Note From the Editor
Robin Kobayashi 2010
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

Centennial Symposium

April 7, 2011

Intercontinental Hotel

Boston, MA

Making History:

Celebrating 100 Years of Workers' Compensation

 

Keynote Speaker

Lex Larson

Lex K. Larson, author of Larson's Workers' Compensation Law (LexisNexis)

 

Register today

Workers' Comp Profile

Blog Mouse BlueGeorge 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. 

the first 100 years

Alan PierceWorkers' 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 

gauging the economy

Recession RecoveryNCCI 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

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

Larson's Spotlight reports noteworthy workers' comp cases each week. This list was c5 spotlightompiled 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

blog round up at the lexisnexis workers' compensation law community
Fraud Sign Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations - 2/3/2011. Read it.    

 

 

 

Smart PhoneAccess the Workers' Compensation Law Community Instantly From Your Smartphone Using Our QR Code, by Lexis Workers' Compensation Law Center Staff. Read it.  

 

 

Cassandra RobertsBig 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.

how to achieve medicare secondary payer compliance

Take Control of Your Insurance Settlements With A Brand New Resource From LexisNexis!

 

Thumbs Up  "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."

 

- Brad Bleakney, Esq., Bleakney & Troiani. Read his complete review at Illinois Workers Compensation blog.

 

Thumbs Up  "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 P1130 R12 coveran 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
 


national news
state news

> AR: Supreme Court Rules Hospital Worker Injured During Break Entitled to Benefits

> AR: Governor Reappoints Karen McKinney to Workers' Compensation Commission

> CA: CHSWC Published Use Of Compound Drugs And Medical Foods In CA's WC 

CA: Coalition of Unlikely Bed Fellows Continues Growing to Nail Dishonest Employers

> CA: DWC Issues 15-Day Notice Of Revisions To E-Med Treatment Billing Regs 

CA: DWC Posts 2011 AR Of Inventory Advice And Form For Claims

> CA: SCIF Promotes Beatriz Sanchez and Julie Jenkinson to VP Positions

> CA: Injured Railroad Worker Wins $4.9M Jury Verdict

> CA: SB 127 Would Require AD to Adopt CPT Codes on Annual Basis in Official Medical Fee Schedule

CT: Guy Carpenter Settle's AG's Lawsuit

> CT: Governor Announces Appointment of Thomas Leonardi Commissioner of Insurance Dept.

> DE: WC HCPS Updates Fee Schedule 

> DE: Commissioner Announces $2.1M Returned To Consumers In 2010 

> FL: Federal District Judge Rules Health Care Reform Act Unconstitutional

> FL: Insurance Commissioner Seeks Dismissal of Dallas National Lawsuit
>
GA: Mexican Ambassador Criticizes Workers' Comp Bill Targeting Illegal Immigrants

IL: Governor to Sign Civil Unions Bill

IL: WCC Changes Approval Procedure for Pro Se Settlement Contracts

> LA: LWCC Gives Tips For Employers Hiring Young Workers 

> MA: AG Seeks Tougher Penalties for Workers' Comp Fraud

> MA: Court Rules Insurer Ineligible for Reimbursement From State Workers' Comp Trust Fund

> MI: Gov. Appoints Members To Boards And Commissions

> MN: Supreme Court Rules State Has Jurisdiction Over Work-Related Injuries on Tribal Land

> MO: AG Reaches Settlement With Third Party Administrators for Violations of Workers' Comp Laws

> MO: Workers' Comp Rates Going Down for Fifth Straight Year in a Row

MT: Bill Would Allow Bids for Management of Workers' Comp Old Fund

MT: Governor, Labor Push Back on GOP Bill for Workers' Comp Reform

NM: Legislation Seeks to Change Process for Appointing Workers' Comp Judges

> NY: WCB Changes Rate Of Reimbursement To Claimants For Travel By Automobiles 

> NY: AG's Statement On The Gov.'s Executive Budget 

NY: WCB Posts Changes to List of Authorized Health Care Providers

> NY: WCB Post Rate of Travel Reimbursement for Claimants

> NC: Urges Businesses To Apply For Safety Awards

> NC: Workers' Comp Total Costs Per Claim Were Highest of States Included in WCRI Study

> OH: U.S. OSHA Won't Cite Owner in Fatal Bear Mauling Attack Due to Questions Over Victim's Employee Status

> OR: Controversy Over Whether Workers' Comp Rate Increased 39 Percent

> OR: WCD Issues Bulletin on Determination of Gainful Occupation for PTD Evaluations

> TN: Workers' Comp Total Costs Per Claim Stabilized Following 2004 Reforms, WCRI Study Finds

> TX: DWC Centralizes Processing Of Designated Doctor Reports And Narratives 

TX: Texas Mutual Announces Nearly $1M Dividend for NFIB

TX: Governor Reappoints Bordelon as DWC Commissioner

> TX: SB 158 Seeks to Penalize Fraudulent Obtaining of Controlled Substance From Medical Provider

> TX: SB 159 Seeks to Penalize Drug Diversion

> TX: Maritime Attorneys Support New Oil Spill Legislation

> UT: Dan Hair Named Chief Risk Officer For UT Workers Compensation Fund 

> VT: Gov. Announces Lower WC Insurance Rates 

VT: Governor Announces Fifth Straight Year for Decline in Workers' Comp Rates

VA: Senate Committee Approves Bill to Close Workers' Comp Loophole for Brain Injury Sufferers

> WA: WC Insurance Premiums Increase By 12% 

WV: A.M. Best Assigns Excellent Rating to Brickstreet Mutual Insurance Company

WI: Three Companies Sue Manson Insurance

WI: Workers' Comp Medical Costs Per Claim Increased as Prices and Utilization of Services Grew

 

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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]

ENEWSLETTER ARCHIVES
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