National Edition Banner March 2010
Vol 2, Issue 10

Find Solutions & Strategies                           March 7, 2011

USA Open Sign

50 State Labor Law Rankings

 

U.S. Chamber study identifies states with excessive employment law regulation

In This Issue
-STATE LABOR LAW RANKINGS
-STATE RANKINGS: LEGAL CLIMATE
-ILLEGAL IMMIGRANTS
-LARSON'S SPOTLIGHT: 5 RECENT CASES: Employee Status, Street Risk Doctrine, Course and Scope of Employment, Recklessness by Employee, Tort Action
-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud, TX evidence, DE cases
-MSP COMPLIANCE BOOK
-NATIONAL NEWS
-STATE NEWS
-WHAT'S NEW IN LARSON'S: Average weekly wage & housing
-eNEWSLETTER ARCHIVES
A Note From the Editor
Robin Kobayashi 2010

Dear WC Professionals:

 

What's behind a number? In this issue we've featured a recent U.S. Chamber state ranking study on regulatory burden and its impact on the economy. Do the numbers tell the real causes about the unemployment rate in your state?  


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

Triangle Shirtwaist Factory Fire

Triangle 

 

Triangle: Remembering the Fire

 

In honor of the

100th Year Anniversary

 

Premieres Monday, March 21

on HBO

 

Click here for schedule

 

50 state labor law rankings

U.S. Chamber Says Excessive Labor Laws Are Stifling Business in Many States. According to the U.S. Chamber of Commerce, "The relationship between employment policies and economic growth is well-documented. So, too, are the negative impacts of excessive regulation on job creation and the economy."

 

The U.S. Chamber has published a 50-state study on the impact of state employment policies on job growth. According to the study, the costs of excessive regulation are considerable, and "states with the heaviest regulatory burdens are sacrificing opportunities to reduce their unemployment rate and generate new business startups."

 

The study ranks each state's regulatory burden within tiers, with Tier I being "good", Tier II being "fair", and Tier III being "poor". Find your state below:

 

Tier I (good): AL, FL, GA, ID, KS, MS, NC, ND, OK, SC, SD, TN, TX, UT, VA

 

Tier II (fair): AK, AZ, AR, CO, DE, IN, IA, KY, LA, MD, MN, MO, NE, NH, NM, OH, RI, VT, WV, WY

 

Tier III (poor): CA, CT, HI, IL, ME, MA, MI, MT, NV, NJ, NY, OR, PA, WA, WI

 

> Read the study

> Read a commentary about the study

50 state rankings: lawsuit climate

LawBookGavelTESTU.S. Chamber of Commerce Institute for Legal Reform  Publishes 50 State Ranking for the Best to Worst Legal Climates in the Country. The ILR's 2010 State Liability Systems Ranking Study was conducted "to explore how reasonable and balanced the states' tort liability systems are perceived to be by U.S. business."

 

According to the study:

 

The #1 state with the best legal climate was: (a) Nebraska, (b) North Dakota, or (c) Delaware.

 

The #50 state with the worse legal climate was: (a) California, (b) West Virginia, or (c) New York.

 

> See answers here

 

Access the study to find out how your state ranked

ILLEGAL aliens and workers' comp

PassportU.S. Supreme Court Won't Hear Illegal Alien Work Injury Case. Last week the U.S. Supreme Court declined to review a case from Louisiana concerning workers' compensation benefits for an injured worker who was an illegal alien, and whether the Immigration Reform and Control Act of 1986 preempts state law awards of workers' compensation benefits to illegal aliens. 

 

Should illegal immigrants be allowed workers' compensation for injuries sustained on the job?

 

The U.S. Supreme Court has signaled that the answer to that question depends on which state you're in.

 

> Link to the U.S. Supreme Court docket 

 

> Read the Louisiana case 

 

> Read the Petition for Certiorari  

 

> Read the Brief in Opposition  

 

> Read the Petitioner's Reply 

 

> Read more about this issue

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. 

Tom Robinson thumbnail 

 

 

 > Read the summaries & court decisions.

 

#1 -  CA: Injured Stunt Performer Was Employee, Not Independent Contractor

 

#2 - IL: Clerk's Injuries Due to Fall on Public Sidewalk Were Compensable Under "Street Risk" Doctrine

 

#3 - PA: Worker's Leap Down Flight of Steps Was Sufficiently Reckless So As to Remove Him From Course and Scope of Employment

 

#4 - OH: Worker's Injuries Sustained While Helping Co-Worker Retrieve Potato Chips from Vending Machine Are Compensable

 

#5 - TX: Worker's Tort Action Against Non-Subscribing Employer Fails Due to His Own Reckless Actions

blog round up at the lexisnexis workers' compensation law community
Fraud Sign Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations - 3/4/2011. Read it.    

 

 

 

Stuart ColburnTexas: Potential Violations for Failure to Timely Exchange Evidence Prior to a Benefit Review Conference, by Stuart Colburn. Read it.

 

 

 

Cassandra RobertsFreedom of Speech in Delaware, But Don't Mess with Texas, by Casssandra Roberts. Read it.  

 

 

 

Cassandra Roberts

Pride And Prejudice? Delaware Supreme Court Rules That Hearing Officer Recusal Necessary Where Hearing Officer Has An Interview Pending With Defense Law Firm, 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  "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). 

 

Thumbs Up  "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. 

   

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
> Leading Georgia Workers' Compensation Attorney Endorses Medicare Secondary Payer Compliance Handbook by LexisNexis
> NFIB Names EMPLOYERS Provider Of Choice For Its Members
> Risk Sciences Group Names Thurman And Collins Regional Vice Presidents
> York Specialized Loss Adjusting Acquires BC Johnson Associates
> A.M. Best Affirms The Ratings Of A (Excellent) For The MEMIC Group
> Sedgwick CMS Completes Acquisition of Specialty Risk Services
> NCCI Posts Data on Large Loss and Catastrophe Claims as of 12/31/2009
> HSA Survey: True Integration Missing in Workers' Compensation Systems
> HSA Podcast: What Insurers Want in Workers' Compensation Claims Systems
> US Chamber Study: States Could Create 750,000 Jobs, 50,000 Businesses by Streamlining Employment Regulations
>
Six Common Physician Biases Against Workers' Comp Cases
state news

CA: AB 397 Would Target Contractors Who Fail to Carry Workers' Comp Insurance

CA: AB 465 Would Target Landscapers Who Fail to Carry Workers' Comp Insurance

CA: Governor Seeks to Curb Pension System for Public Employees Including Police

CA: DWC Posts Updated Utilization Review FAQs

CA: AB 950 Would Make Drayage Truck Operators Employees of Companies That Arrange for Their Services

CA: Four-Year SCIF Investigation Ends With No Charges Filed

CO: Gov. Names Two To Pinnacol Assurance Board Of Directors  

CO: HB 1211 Would Limit Pinnacol Executives Travel Expenses

CO: Key Critic of Pinnacol Assurance Affirmed by Senate to Pinnacol Board 

CO: Pinnacol CEO Denied Bonus by Board of Directors

FL: Governor to Scuttle Plan for Statewide Prescription Drug Database 

> GA: House to Vote Soon on Bill Targeting Illegal Immigrants  

> IL: AG Calls for Fraud Investigation of Menard Workers' Comp Claim  

> IL: WCC Changes Downtown Arbitration Assignments  

IL: AG Calls for Fraud Investigation of Second Menard Workers' Comp Claim

> IL: US Chamber Rankings: The Story Behind the Rankings

> IL: Lawmakers, Industry Leaders Acknowledge No Simple Fix to Workers' Comp System

IN: Dem Lawmakers Flees to Illinois to Protest Anti-Worker Bills

> LA: Workforce Commission Staying Tough On Workers' Comp Insurance Fraud 

LA: U.S. Supreme Court Won't Hear Illegal Worker Injury Case

ME: Bill Aims to Reduce Hospital Worker Back Injuries

> MD: Workers' Comp Commission Releases AR 2010 

MD: Workers' Comp Commission Proposes Changes Of Medical And Surgical Fees 

MD: Sighinolfi Set To Begin Work On Workers' Compensation Board 

MD: Court Upholds Workers' Comp Award for Injured Former Redskin Football Player

MD: Fajer-Smith Named Fellow of College of Workers' Compensation Lawyers

MD: AIA Endorses Proposed Uniform Pharmaceutical Reimbursement Rates  

MA: AG Says Workers' Comp Rates to Stay Level Through September 2012

MI: Gov. Issued Executive Order Affecting Workers' Compensation Administration 

MI: SB 20 Sent to Governor, Would Ban Workplace Ergonomic Rules

> MN: Governor Appoints Albert Lea to Judicial Commission

> MS: Senate Passes Bill to Streamline Workers' Comp Appeals Process

MO: SB 188 Would Change State Law on Employment Discrimination

MO: Senator Leads 4-Hour Filibuster Over Proposed Workers' Comp Reforms

MT: HB 43 Would Create Employment-Related Exceptions to Medical Marijuana Act

MT: Governor Threatens to Veto Half-Baked Workers' Comp Reform

> NJ: Judge Advises Sending Considerations Before Workers' Comp Regulation's Sunset 

NJ: DWC Posts Registration Notice for State's Workers' Comp Centennial Celebration  

> NY: Workers' Comp Board Modifies Pre-Hearing Conference Statement Form 

NY: NYCIRB Posts Revised Policy Form, Endorsements Effective 7/1/2011

NY: Senate Bill Would Create Treatment Guidelines for Workers' Comp System

> OK: HB 1406 Mutualization Fails to Pass House Committee 

OK: HB 2071 Privatization of CompSource Fails to Pass House Committee  

OH: GOP Lawmakers Unveil Revised Bill Governing Public Sector Unions

OH: Governor Appoints Nicholas W. Zuk BWC Chairman

OH: Judge Tells Workers' Comp Claimant "I Despise You" for Second Probation Violation

OH: Senate Approves Bill to Restrict Collective Bargaining for Public Sector Unions

> OH: Governor Signs Bill to Cut Red Tape That Hinders Business Development

OR: 2009 Hearings Division Statistical Report Is Available 

OR: DCBS Posts Annual Fatality Report 2010

> OR: Workers' Comp Premium Rate Ranking Calendar Year 2010

> OR: Governor Seeks Significant Public Employee Wage, Benefit Concessions

PA: SSD Attorneys See Spike in Disability Claims

PA: State Unemployment Rate Impacts Workers' Comp Firms   

RI: AG Opposes NCCI's Recommendation for Workers' Comp Rate Increase

> TN: Workers' Comp Bill Tighten Definition of Workplace Injury

TN: Judge Sets Deadline for Claims Against Three Insolvent Risk Retention Groups

> TX: DWC Revises Instructions For The Work Status Report Form 

> TX: TDI Adopts Changes to Experience Rating Plan for Hazard Groups 2/25/2011

> TX: DWC Posts Independent Review Organization Plan-Based Audit 2011  

> TX:  ACE Subsidiaries Disciplined for Workers' Comp Violations in Texas

TX: Construction Workers March for Better Wages, Safer Worksites

TX: SB 321 Would Counter Overly Restrictive Employer Rules Banning "Parking Lot Guns"

TX: HB 681 Would Counter Overly Restrictive Employer Rules Banning "Parking Lot Guns"

> VA: High Court Allows Workers' Comp Benefits Under Horseplay Doctrine

> WA: Senate Passes Substitute SB 5278 Workers' Comp Transparency

> WA: Senate Passes Bipartisan Workers' Comp Reform Bill

WV: House, Senate Exchange Measures to Help Offset Insurance Costs for Volunteer Fire Department

WV: Senate Passes Bill to Create Intermediate Appellate Court

WI: America's Union Story Unfolds in State With Over 100 Years of Union History

> WI: Governor Walker Slips to 43 Percent Approval Rating Amid Union Battle Turmoil

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what's new in larson's workers' compensation law 
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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  

  

Average Weekly Wage Includes Value of Housing. A South Carolina appellate court ruled that an injured worker's average weekly wage included the fair rental value of a residence provided free of charge to him by his parents, who were dominant shareholders in the company that employed the worker. Evidence indicated that the worker moved from Minnesota to South Carolina in exchange for $30,000 per year, a tank of gas per week, and use of a home owned by his parents as a free living arrangement. [See Bazen v. Badger R. Bazen Company, 2010 S.C. App. LEXIS 73; Ch. 93, § 93.01[2][a] n50 (Digest)] 

50 state rankings: legal climate...answers

RankThe #1 state with the best legal climate is (c) Delaware.

The #50 state with the worst legal climate is (b) West Virginia.

ENEWSLETTER ARCHIVES
Take a deep dive into our past eNewsletters for 2011 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

February 28, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104610168211.html 

February 21, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104523576536.html 

February 14, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104442568785.html 

February 7, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104372668124.html 

January 31, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104299196240.html 

January 24, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104266393145.html 

January 17, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104223885217.html
January 10, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104176109384.html 

January 3, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104102646819.html 

 

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