LexisNexis Workers' Comp Free eNewsletter: Hearing Loss Burden of Proof

Vol 2, Issue 29

Find Solutions & Strategies July 18, 2011

Hearing Loss

The Burden of Proof: Conductive vs. Sensorineural Hearing Loss

In This Issue

-LARSON'S SPOTLIGHT: 5 RECENT CASES: Wage Loss Benefits, Rehire, Employment Status, Rehabilitation Benefits, Tort Action

-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud

-MSP COMPLIANCE BOOK

-NATIONAL NEWS

-STATE NEWS

-eNEWSLETTER ARCHIVES

A Note From The Editor

Dear WC Professionals:

Thanks to Steven M. Birnbaum, Esq. for his informative article on hearing loss. If you haven't signed up yet for this free enewsletter, simply send your full name and email address with your request for the national enewsletter.

Sincerely,
Robin E. Kobayashi, JD

LexisNexis Editorial Content & Product Development

robin.e.kobayashi@lexisnexis.com

State Jurisdiction & Reciprocity

Did the Florida Legislature Fumble in Trying to Limit Workers' Comp Coverage for Pro Football Players?

The Florida legislature thought it had found a way to keep players in Florida from scoring in the California workers' compensation end zone. But there could be a potential flaw in Florida's new reciprocity statute.

To purchase the article at the LexisNexis Bookstore, click here.

Hearing loss

Longshore Act: The Burden of Proof - Conductive vs. Sensorineural Hearing Loss, by Steven M. Birnbaum, Law Offices of Steven M. Birnbaum, San Rafael, California

In a recent decision by the Benefits Review Board (Norris Plaisance, Sr. v. Ceres Gulf, BRB Nos. 10-0562, 10-0562A (June 24, 2011) (unpublished), the issue of the burden of proof was addressed when looking at conductive hearing loss vs. sensorineural hearing loss. It was assumed by some that conductive hearing loss was always nonindustrial and therefore it was the burden of the claimant to prove otherwise. In this decision, the Board found that a conductive hearing loss pre-existing the date of work stoppage was presumed to be work-related and the employer had the burden to rebut the presumption.

This decision also mentioned a standard for using noise testing on the employer's site and rejected tests that have been conducted generally at the employer's site but not specifically where the claimant worked. The Board also rejected the idea that a comparison of the claimant's hearing with that of a "normal" man could be used to establish that a claimant did not sustain a hearing loss at work. Read more.

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

5 spotlight Larson'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.

> Read the summaries & court decisions.

1. VA: Restricted-Work Laborer Not Entitled to Wage Loss Benefits During Furlough That Applied to All Manufacturing Workers

2. WI: State's Rehire Requirement Does Not Require Employer to Modify Legitimate Safety Concerns to Accommodate Worker's Personal Needs

3. SC: Taxi Driver Is Employee, Not Independent Contractor, Based on Broad Duties Performed for the Employer

4. MT: Rehabilitation Benefits May Not Be Denied to Those Beyond Retirement Age

5. LA: Employee's Tort Action Against Employer and Related Corporation in Bizarre Case Where Worker Fell From Helicopter While Hunting Deer in Mexico May Move Forward

blogS at the lexisnexis workers' comp law community

Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, and Investigations (7/14/2011) - Acting Judge, Police Officer, and Corrections Officer All Facing Workers' Compensation Problems, by LexisNexis Workers' Compensation Law Community Staff. Read it.

how to achieve medicare secondary payer compliance

The Complete Guide to Medicare Secondary Payer Compliance

Jennifer C. Jordan, Esq., Editor-in-Chief

To order, go to www.lexisnexis.com/Medicare.

Medicare Secondary Payer Compliance is an elusive area of law - tucked away in various public laws, statutes, regulations and CMS guidance materials.

Worse, many people don't realize that the CMS approval process for MSAs is voluntary-and carries an inherent cost.

That's why you need this all-in-one handbook ...

Authored by the leading expert in the field of the MSP, "The Complete Guide to Medicare Secondary Payer Compliance" is the only available resource written by an industry insider with a deep understanding and practical knowledge about this highly complex and evolving area of the law.

For the first time, you'll find all relevant pieces of the law in one accessible place. And by understanding what CMS wants-and why it wants it-you'll be better able to:

● Take control of your insurance settlements

● Avoid pitfalls, delays and penalties

● Comply with reporting requirements

You'll also learn that CMS' preference may not be the only way to achieve MSP compliance.

Attorneys agree! This is the first comprehensive resource for achieving Medicare Secondary Payer Compliance.

"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.

"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."

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

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.