LexisNexis Workers' Comp Free eNewsletter: FECA Senate Hearing

Vol 2, Issue 31

Find Solutions & Strategies August 1, 2011

FECA Reform

Senate Examines Legislative Proposals to Fix the Federal Workers' Comp System

In This Issue

-LARSON'S SPOTLIGHT: 5 RECENT CASES: Fraud, Increased Risk, Retaliatory Discharge, Exhaustion of Appeals, Notice of Injury

-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud, DE cases, MO case

-MSP COMPLIANCE BOOK

-NATIONAL NEWS

-STATE NEWS

-eNEWSLETTER ARCHIVES

A Note From The Editor

Dear WC Professionals:

Thanks to Karen Yotis, Esq. for highlighting the relevant points of the recent congressional testimony on Federal Workers' Compensation.

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

[email protected]

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.

Feca

Federal Workers' Compensation: Senate Committee Reviews Legislative Proposals, by Karen Yotis, Esq.

On July 26, 2011, the United States Senate Committee on Homeland Security and Governmental Affairs, Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia, held a hearing entitled "Examining the Federal Workers' Compensation Program for Injured Employees." The purpose of the hearing was to review a number of legislative proposals intended to modernize and improve the Federal Employees' Compensation Act (FECA). Following is a summary of key points made in the opening statement and witness testimony.

Senator Daniel K. Akaka (D-Hawaii), Chairman, Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbiaexplained in his opening statement the importance of improving and modernizing a federal workers' compensation system that has not been significantly updated in almost 40 years. Akaka outlined a number of legislative proposals, favoring various "common sense" reforms that included: (1) ensuring that injured civilian employees serving in dangerous areas such as Iraq and Afghanistan-as well as off-duty employees injured in terrorist attacks-receive appropriate FECA compensation; (2) providing U.S. Department of Labor access to FECA recipients' social security wage information as a stop-gap measure against improper payments and fraud; and (3) focusing on improving the administration of return-to-work programs. Akaka expressed concern about S. 261, the Federal Employees' Compensation Reform Act, proposed by Senator Susan Collins (R-Maine) that would transfer disabled FECA recipients from FECA into the Federal retirement system automatically at retirement age, because it would create a substantial and unfair income reduction for many elderly, disabled recipients and result in an even more drastic drop in pay for the large majority of federal employees covered by the Federal Employee Retirement System (FERS). Akaka cautioned that any proposal that would significantly reduce benefits at retirement would need substantial 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. FL: Claimant's "Posturing and Cog Wheeling" Were Not "Statements" For Purposes of Workers' Compensation Fraud Statute

2. NH: Supreme Court Adopts Increased-Risk Test for Injuries Due to Neutral Risks

3. IL: Special, Shortened Statute of Limitations for Claims Against Government Entities Does Not Apply to Retaliatory Discharge Claims

4. NC: Payment of Award Not Required Until All Appeal Rights Are Exhausted

5. PA: "Collective" Communications, Including Voicemail Message to Employer, Constitute Notice of Injury

blogS at the lexisnexis workers' comp law community

Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, and Investigations (7/28/2011) - Anna Nicole Smith's Psychiatrist May Lose Her Medical License, by LexisNexis Workers' Compensation Law Community Staff. Read it.

The Proverbs 31 Post....and a Little Utilization Review Round-Up in Delaware, by Cassandra Roberts, Esq. Read it.

Beat the Clock: Implied Agreement in DE Enlarges Statute of Limitations to 5 Years, by Cassandra Roberts, Esq. Read it.

MO: 50% Safety Penalty to All Compensation for Climbing Ladder Improperly, by Martin Klug, Esq. 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.