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Find Solutions & Strategies February 28, 2011 |
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Union Battle Draws 70,000 Protestors
Why the workers' comp community should pay attention to the Wisconsin union standoff | |
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| A Note From the Editor |  | |
Dear WC Professionals:
I'd like to give a shout-out to Richard C. Kissiah, the author of Kissiah's Georgia Workers' Compensation Law (LexisNexis), for his endorsement of our new Medicare Secondary Payer Compliance handbook.
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 |
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Workers' Comp Profile
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 Nevada Workers' Compensation Law Blog, published by Virginia Hunt Law Office, provides informative news and updates on workers' compensation laws and helpful information on the workers' compensation claims process. Hunt tackles difficult and complex issues with the keen insight that reflects the hundreds of hearings and cases that she has participated in, first as a hearing officer and now representing injured workers. The Blog is an excellent resource for those who are pressed for time, providing easy to read analysis of topics such as casino workplace hazards, construction injuries, concurrent employment, and carpal tunnel syndrome.The Blog was named a Top 25 Blog for 2010 by LexisNexis.
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| the fight for / against unions | |
"The End of Unions?" That's the headline grabber at The Globe and Mail, a Canadian news agency, which reminds us about the national (and Canadian) consequences of the labor showdown in Wisconsin between GOP Governor Scott Walker and the public sector unions. Governor Walker seeks to sharply curtail collective bargaining rights of certain public sector unions in his state. Critics have queried whether his plan is truly to repair the state's budget or rather a power grab to bust unions.
The Upside of Anger: Last Saturday 70,000 protestors rallied in support of public sector unions in Wisconsin. Protestors are sleeping inside the statehouse, and they plan to form a human chain around the building if they're evicted. Meanwhile Tea Party members are also protesting but in support of Governor Walker's plan.
Regardless of which side you're on when it comes to this union battle, we all know that unions have historically played a key role in the development and ongoing reforms of workers' compensation systems across the country.
Why should we care? Wisconsin is known as a bellwether state. It was the first state in the country to implement unemployment benefits, workers' compensation, and direct primary elections. It also developed the progressive income tax. We'll be watching then to see what happens in Wisconsin and also Ohio, where proposed legislation to curtail collective bargaining rights for public employees is already gathering steam.
Five years ago Indiana eliminated collective bargaining rights for its state employees. According to The New York Times, the impact of Governor Mitch Daniel's executive order has resulted in no pay raises, a weakening of seniority preferences and the loss of jobs due to outsourcing and consolidation.
Interestingly, Governor Walker has threatened to lay off 12,000 public employees if his plan to curtail collective bargaining isn't adopted. But wouldn't public employee lay offs be an end goal in his plan anyways? |
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| leading georgia comp attorney endorses msp compliance handbook | |
 Richard C. Kissiah of Kissiah & Lay, Alpharetta, Georgia, is a leading workers' compensation defense attorney in his state and the author of Kissiah's Georgia Workers' Compensation Law (LexisNexis).
Mr. Kissiah states: "I have a copy of Jennifer Jordan's book The Complete Guide to Medicare Secondary Payer Compliance and I am most impressed by same! I have recommended it to a number of attorneys here in Georgia."
To order The Complete Guide to Medicare Secondary Payer Compliance, click here. |
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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.
 > Read the summaries & court decisions. #1 - TN: Post-Bailout General Motors is Different Entity from "Old" GM; Smaller Cap on Permanent Disability Benefits for Workers Returning to Pre-Injury Employer Does Not Apply #2 - DE: Worker's Average Weekly Wage Should Not Take Into Consideration Weeks She Missed Work Prior to Her Injury #3 - IN: Medical Care Provider's Action Against Comp Carrier is Not Barred by Shortened Time Period Allowed for Filing Injured Worker's Claims, But By State's 10-Year "Catchall" Provision #4 - KS: Trucking Operation Was Not "Agricultural Pursuit" and Injured Driver's Claim Not Barred #5 - MA: Unreported Tips At Beauty Salon May Not Be Used to Compute Average Weekly Wage |
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| blog round up at the lexisnexis workers' compensation law community |
 Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations - 2/24/2011. Read it.
 News on the Delaware Section 2311 Contractor Statute....and a little joy in the morning, by Cassandra Roberts. Read it.
 Missouri: Personal Comfort Doctrine Allows Benefits For Making Coffee At Work, by Martin Klug. 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!
 "The range of topics included in the book and updates is a beacon of wisdom in the confusing MSP compliance field."
- Tim Nay, Esq., Law Offices of Nay & Friedenberg, Portland, Oregon. Mr. Nay is a co-founder of the National Alliance of Medicare Set-Aside Professionals (NAMSAP).
"I have a copy of Jennifer Jordan's book The Complete Guide to Medicare Secondary Payer Compliance and I am most impressed by same! I have recommended it to a number of attorneys here in Georgia."
- Richard C. Kissiah, Esq., Kissiah & Lay, Alpharetta, Georgia.
"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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| state news |
> CA: Court of Appeals Schedules Oral Argument in Ogilvie 4/13/2011
> CA: Judge Approves $624M Countrywide Settlement, But Major Investors Opt Out
> CA: New Regulations Effective 3/12/2011 for Website to Check Workers' Comp Coverage
> CA: CAAA, Teamsters Explain Why They've Joined Forces
> CA: AB 335 Would Revamp Workers' Comp Benefit Notices
> CA: AB 783 Enables Doctor Kickbacks at Expense of Patients, Says Physical Therapists
> CO: Governor Signals Shake Up at Pinnacol Assurance
> CT: Workers' Comp Commission Makes Correction To Weekly Benefit Tables
> FL: AG Calls For Changes To Flawed Oil Spill Claims Process
> FL: Division Of Workers' Comp Updates Employee Notification Letter
> FL: U.S. DEA Raids Florida Pill Mills, Arrests Doctors, Owners
> GA: Governor Urges Caution on Crackdown of Illegal Immigrants
> HI: HB 466 Would Change Rules on Medical, Impairment Rating Examinations
> HI: HB 1243, SB 1414 Would Regulate Prices for Repackaged Drugs, Compound Drugs
> HI: SB 845 Would Bar Compensation for Injuries Sustained at Voluntary Recreational, Social Activities
> HI: HB 464 Would Require Employer Written Report for Internal Investigation, Denial of Claim
> HI: SB 847 Would Create Workers' Comp Fraud Hotline
> HI: HB 386 Would Transfer Jurisdiction Over Workers' Fraud Violations to Insurance Commissioner
> HI: HB 463 Would Allow Physician to Make One Referral Without Approval of Insurer/Employer
> IL: Peoria Office Moves March 10
> IL: Judge Requests More Documents in Class Action PPO Lawsuit
> IL: House Speaker Sponsors Bipartisan Call for Audit of State Workers' Comp System
> IN: Public Sector Union Battle Spreads to Indiana
> KS: HB 2134 Would Bar Compensation to Undocumented Workers
> KY: Court Rules Against Use of Workers' Comp Fund to Balance State Budget
> KY: Workers' Comp Funding Commission Used Private Financial Advisor, Ignored Law
> LA: Louisiana Office Of Workers' Comp To Hold Meeting On Medical Treatment Guidelines' Permanent Implementation
> MA: DIA Changes Fee Schedule For IMEs
> ME: WCB Posts 2011 Tri-Agency Report to State Legislature, Says Workers' Comp System Stable
> MI: Gov Makes Appointments To Boards
> MI: Governor Reappoints David Grunewald to Workers Compensation Board of Magistrates
> MO: Unclear Whether Workers' Comp Bill Impacts Current Occupational Disease Lawsuits
> NJ: Six New Workers' Comp Insurers Added by Insurance Dept.
> NM: Senate Confirms Ned Fuller, Director of Workers' Compensation Administration
> NY: Workers' Comp Board Begins Acceptance Of Email Filing
> NY: Faxing Documents To The Workers' Compensation Board
> NC: North Carolina Rate Bureau Adopted The Elimination Of Group Claim Reporting As An Option
> OH: Public Sector Union Battle Spreads to Ohio
> OH: Terrance J. McGonegal Recognized as Workers' Comp Top Lawyer by Super Lawyers
> OK: Governor's Plan for Workers' Comp Reform Clears First Legislative Hurdle
> TN: HB 1097, SB 725 Would Abolish Joint Committee on Workers' Compensation
> TN: Supreme Court Says GM Employee Entitled to More Workers' Comp Benefits
> TX: Governor Reappoints Norman Darwin as Texas Injured Employee Public Counsel
> TX: Dept. of Insurance Orders Workers' Comp Attorney to Shut Down His Blog
> WA: Workplace Deaths Rises
> WA: Governor Submits Comprehensive Workers' Comp Package to Legislature
> WA: L&I Pressures Labor Council on More Workers' Comp Reforms
> WA: GOP Calls for Resignation of Congressman, Cites Inappropriate Behavior, Failure to Carry Workers' Comp Insurance, Among Other Things
> WV: HB 3263 Would Use State Liquor Tax Funds to Help Fund Volunteer Fire Departments
> WI: Billionaire Brothers' Money Backs Conservatives in Busting Public Sector Unions |
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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.
Police Officer's Injuries During Fight Outside a Tavern Held Not Compensable. In Graves v. Workers' Comp. Appeal Bd. (Phila. Hous. Auth.), 983 A.2d 241 (Pa. Commw. Ct. 2009), the court found substantial evidence supported findings that a police officer did not sustain a compensable injury while in the course and scope of his employment. The officer's own testimony was that he was off-duty, had gone to the tavern where a private party was taking place, and he was shot following an altercation that took place both inside and outside the bar. [See Ch. 8, § 8.01[1][a] n2 (Digest)] |
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