National Edition Banner March 2010
Vol 2, Issue 17

Find Solutions & Strategies                                April 25, 2011

Samurai

The Last Samurai

 

Fukushima Daiichi Nuclear Plant clean up workers sacrifice their lives. What will they experience in terms of radiation exposure?

In This Issue
-RADIATION EXPOSURE
-MEDICAL FEE SCHEDULES
-LARSON'S SPOTLIGHT: 5 RECENT CASES: Pre-existing Condition, Exclusive Remedy, Settlement, Increased Risk, Common Law Wife
-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: DE case
-MSP COMPLIANCE BOOK
-NATIONAL NEWS
-STATE NEWS
-WHAT'S NEW IN LARSON'S: Dependency
-eNEWSLETTER ARCHIVES
A Note From the Editor
Robin Kobayashi 2010

Dear WC Professionals:

 

The L.A. Times recently reported that the U.S. nuclear industry is "uprating" - turning up the power - on its old reactors, this despite concerns over whether it's safe to push old equipment beyond its original specifications. It remains to be seen whether the Fukushima nuclear plant disaster will bring more scrutiny on nuclear plant safety here in the U.S.


Sincerely,
Robin E. Kobayashi, J.D.

LexisNexis Editorial & Content Development

Workers' Comp Profile

Blog Mouse Blue

The Official Medicare Set Aside Blog, published by MEDVAL, LLC, provides up-to-date and pertinent analysis of one of the most complex areas within the workers' compensation arena: Medicare Set Asides. Of the many informative sections of the Blog, many readers turn first to the section entitled "Ask Jen." There, Jennifer Jordan, General Counsel for MEDVAL, provides clear answers to even the testiest MSA questions. The site includes in-depth commentary on a host of other issues, including post-settlement custodial administration, structured settlement funding and conditional payment negotiations.

 

radiation exposure

Physicist Michio Kaku has been outspoken about the Fukushima Daiichi Nuclear Plant disaster in Japan. Recently on Real Time with Bill Maher, he said "If we keep on releasing radiation into the atmosphere, I say, call out the military and just bury the sucker", entombing it in tons of cement. Kaku compared the Japanese workers at the Fukushima plant to samurai in that they have accepted this suicide mission to sacrifice their lives for their country. Some of the workers say they expect to die within weeks or months. What exactly will these workers experience in terms of radiation exposure? The following medical information was excerpted from Occupational Injuries and Illnesses (LexisNexis).

 

RadiationRadiation Sickness: An Overview of Acute Radiation SyndromeMost deaths following radiation exposure are due to the radiation-induced illness known as acute radiation syndrome (ARS). ARS usually occurs following external whole-body irradiation. The course of ARS is affected adversely by age, impaired health and nutritional status, concomitant illness or injury, especially infection, and other factors. ARS is not a single syndrome but composed of three or four sequential subsyndromes, dominated by hematologic, gastrointestinal or cardiovascular and central nervous system symptoms, with one subsyndrome blending into another as cell death and tissue depletion are expressed.

 

Measurement of Dose and Exposure. A variety of instruments can detect and measure radiation reliably and accurately. Radiation detection instruments measure the number of ion pairs that are formed as radiation is absorbed by air or solid matter. The traditional terms rad (radiation absorbed dose) and rem (roentgen equivalent man), used to measure and express the dose of radiation received by body tissue, have been largely replaced in the scientific literature by the terms gray (Gy) and sievert (Sv). The units used to express doses of ionizing radiation are complicated, because the two systems are currently being used interchangeably. The so-called "special units" (rad, rem) are still used in the United States, but the SI (Systeme International) system using gray and sievert is preferred internationally. > Read more.

ncci study: medical fee schedules

Doctor Lab CoatNCCI recently released a new study on the impact on physician reimbursement of changes to workers' compensation medical fee schedules.

 

This report consists of six case studies of the effects of changes in the maximum allowable reimbursement (MAR) set forth in workers' compensation (WC) medical fee schedules. Each study focuses on one particular medical service in one state, using data from the years 2002 and 2006, between which years the state changed its MAR. The medical services and the states are:

 

1. Burn treatment in Georgia

2. Physician office visits in Kentucky

3. Physical therapy in Maryland

4. Carpel tunnel surgery in Florida

5. Emergency room visits in Alabama

6. Shoulder X-rays in Oregon

 

> Read more.

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

5 spotlightLarson'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. 

 

Tom Robinson thumbnail 

 

 

 > Read the summaries & court decisions.

 

1. OH: Claimant Fails to Show Pre-existing Condition Was Aggravated by Slip and Fall Injury

 

2. TX: Worker's Fraud and Negligent Misrepresentation Claims Against Employer Are Not Barred by Exclusive Remedy Provisions of State Workers' Compensation Law

 

3. OH: Burden of Proof As To Whether A Workers' Compensation Settlement is Part of Marital Estate Lies With Spouse, Not Injured Worker

 

4. NC: Expert Evidence is Not Always Necessary to Show That Work Environment Produced an Increased Risk of Being Struck By Lightning

 

5. OK: District Court's Decision That Claimant Was Common Law Wife of Deceased Worker is Binding in Separate Workers' Compensation Proceeding

blog round up at the lexisnexis workers' compensation law community
 Cassandra Roberts

A New Trend in Delaware? Tybout "Dream Team" Overcome DCD Petitions on Causation, by Cassandra Roberts, Esq. Read it

  

 

 

 

how to achieve medicare secondary payer compliance

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

 

Thumbs Up  "Ms. Jordan and her contributors provide concise, practical analysis of the multiple layers and nuances of Medical Secondary Payer compliance. The Guide is a valuable resource for plaintiff and defense counsel, as well as insurance carriers, employers, and third party administrators."

 

- Ronald E. Weiss, Esq., Hamberger & Weiss, Rochester, New York.

 

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

Bipartisan Lawmakers Introduce Amendments to Radiation Exposure Compensation Act.

Travelers Reports 1Q 2011 Net Operating Income; Total Net Written Premiums Up 4 Percent.

state news

AK: HB 13 Fee Schedule Bill Sent to Governor.

AZ: SCF Arizona Names Noel A. Williams Underwriting VP.

AZ: Supreme Court Rules AMA Guides Sixth Edition Mandatory.

AZ: Supreme Court Won't Hear Ambulatory Surgery Center Disputes, Allows Outside Bill Reviewer.

CA: OAL Approves New DWC Rules for Electronic and Standardized Medical Treatment Billing.

CA: AB 397 Would Require Licensed Contractors to Certify Workers Comp Insurance Coverage.

CA: NAIC Report Shows Net Worth Declining for Calif. Workers Comp Insurers.

CA: Insurance Commissioner Places Majestic Insurance Company Into Conservation.

CA: WCIRB Posts Summary of 12/31/2010 Insurer Experience.

CT: New Precedent Set in Definition of "Family" for Dependency Purposes in Death Benefits Case.

CT: Risk Containment Expert Says Uniform Workers Comp System Wouldn't Work.

FL: $76M Court Judgment Against Aries Insurance to Partially Reimburse Guaranty Funds.

FL: House Passes Bill to Crack Down on Pill Mills.

FL: Workers Comp Attorney's Fee Issue Could Head Back to State Supreme Court.

IL: Attorney General Opinion Calls for Release of Workers Comp Information of Menard Prison Guards.

IL: State Treasurer Says Give Public Employees Choice in Pension Plans.

IL: State Treasurer Doubts Major Changes in Workers Comp Will Happen This Year.

IL: Appellate Court Affirms Denial of Arbitration in Workers Comp Premium Dispute.

IA: Clinton City Officials Paid $4.5M in Medicare Billing Lawsuit.

KS: Governor Signs Workers Comp Reform Bill.

MA: Governor Appoints Workers Comp Attorney as Associate Justice of Superior Court.

MI: Accident Fund Moves to New Location, Plans to Hire 500 Workers During 10-Year Period.

MI: Class Action Claims General Motors Illegally Reduced Workers Comp Benefits.

MI: New Insurance Commissioner Plans to Streamline Regulations.

MI: New Government Study Released on Adequacy of Benefits in Workers Comp System.

MN: Eric Beyer Named Rising Start 2011 in Workers Compensation Law.

MS: New Rule Requires Workers Comp Insurers to File Safety Plans Offered to Policyholders.

MT: Preview of Montana Workers Comp Annual Report 2010 Posted by ERD.

NV: Assembly Passes Bill to Allow Unions to Represent Injured Workers in Hearings.

NH: Secretary of State Investigation Alleges LGC Improperly Used Member Contributions to Fund Workers Comp Program.

NY: NY Workers Compensation Alliance Calls on SWCB to Rescind Medical Treatment Guidelines.

NY: Court Upholds Authority of SWCB to Levy Assessments Against Group Self-Insured Trusts.

NY: Court Throws Out Worker's Lawsuit Over Bedbug Bites.

NC: House Panel Hears Business Groups, Labor Advocates on Proposed Workers Comp Changes.

ND: State Investment Board to Receive $64M in Settlement of Investment Fraud Case.

OH: Ohio Workers Compensation Council Funding Questioned by Liberal Policy Group.

OR: WCD Posts 2009 Permanent Total Disability Report.

PA: BWC Posts Instructions for Filing Application for Fee Review.

PA: Michael J. O'Connor Named Chair of Workers Compensation and Workplace Injury Section of AAJ.

TX: SB 800 Would Change Qualifications for Workers Comp Data Collection Agents.

TX: HB 1774 Would Extend Sunset Provision of OIEC Until 9/1/2017.

TX: HB 2605 Would Extend Sunset Provision of DWC Until 9/1/2017.

WA: Dem Lawmakers Unveil Proposal for Workers Comp Reform.

WA: Attorneys Says SSB 5566 Compromise and Release Provision Would Give Leveraging Power to Employers.

WA: Special Session Starts Tuesday, Lawmakers to Debate Limiting Pension Costs in Workers Comp System.

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what's new in larson's workers' compensation law 
Larson Volumes ResizedLexis.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.
  

Dependency in Fact. Except in cases involving a conclusive presumption of dependency (e.g., surviving spouse or minor child living with dependent-discussed in Chapter 96), dependency in fact must be established in order to qualify for death benefits. Proof of actual dependency does not ordinarily require a showing that the claimant relied on the deceased for the bare necessities of life; it is usually sufficient to show that the deceased's contributions were looked to by claimant for the maintenance of claimant's accustomed standard of living. Chapter 97, which discusses the requirements for showing such dependency in fact, has been revised and updated. Careful attention to the statutory variations from jurisdiction to jurisdiction must be carefully examined. For example, as noted above, in many states, a surviving spouse is presumed to be dependent. Such is not the case in Maryland, however. In a recent case, Wal-Mart Stores, Inc. v. Holmes, 416 Md. 346, 7 A.3d 13 (2010), the court held that absent any special authority, the marital relationship created no legal obligation to support the other spouse [see Ch. 97, § 97.01[2] n1.1]. 

ncci, continued...

FeeThe studies were carried out by means of comparisons between the market price of the medical service (for which the studies use prices paid by group health (GH) plans) and the prices paid by WC plans, in response to changes in the MAR. Foremost among the studies' conclusions is that the extent to which a change in the MAR affects payments by WC plans to physicians is a function of several variables, and it is by no means the case that these payments move in tandem with the MAR or that they are universally limited to the MAR. Moreover, these same general truths apply to GH payments.

 

The manner and the extent by which WC payments change in response to a change in the MAR for a given service depend on the relationship between the MAR and the GH payments. For example, if the MAR is significantly higher than the GH payments, the average WC payment may be less than the MAR. On the other hand, if the MAR is close to or below the GH payments, the average WC payment is more likely to be close to the MAR.

 

An MAR is more effective at controlling the cost of high-volume low-priced services (physician office visits, physical therapy) than low-volume high-priced services (burn treatment, emergency room visits).

 

The single study of a decrease in MAR between 2002 and 2006, i.e., the MAR for shoulder X-rays in Oregon, provides what the authors call "a near 'textbook' picture of how a WC medical fee schedule change should function." In 2002, the Oregon average WC payment for a shoulder X-ray was slightly higher than the average GH payment. The subsequent downward adjustment of the MAR lowered the WC payment to just under the GH payment in 2006. The authors point out that the impact of increasing a WC fee schedule MAR is not simply the reverse of decreasing it. For example, service providers may very well be motivated to increase their prices when the MAR is raised but lack a similar motive when the MAR is lowered.

 

Amounts payable for particular services are less likely to be containable at the MAR when the services involve multiple providers or a hospital or other facility. For example, in Florida, in both 2002 and 2006, facilities billed for many of the carpel tunnel procedures performed in them. As a result, around one-half of such procedures were reimbursed in amounts above the MAR for physicians. Subsequently, Florida promulgated fee schedules for hospitals and ambulatory surgical centers.

 

The authors present the results of the studies via graphs of GH and WC payments as they respond to changes in MARs. They discuss the varying results in each state and with each medical service, their goal being to assist workers' compensation systems in building and maintaining medical fee schedules in the face of more complex billing schemes, such as Medicare's Ambulatory Payment Classifications (APCs) and Diagnosis Related Groups (DRGs), which, along with recently developed treatment protocols, seek to address utilization of services as well as costs.

 

> Read the study: Dan Corro and John Robertson, "The Impact on Physician Reimbursement of Changes to Workers Compensation Medical Fee Schedules," NCCI Holdings, Inc. (April 2011).

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.

April 18, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1105151454598.html 

April 11, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1105054845597.html 

April 4, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104945262995.html

March 28, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104894130984.html 

March 21, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104811663296.html 

March 14, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104742747659.html 

March 7, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104678900034.html 

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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