National Edition Banner March 2010
Vol 2, Issue 32

Find Solutions & Strategies                             August 8, 2011

Fried Chicken Southern StyleThe Stroke Belt and Workers' Comp  

 

What do fried chicken, fried okra, and fried fish  have to do with workers' comp?  Quite a bit...

In This Issue
-STROKE BELT
-LARSON'S SPOTLIGHT: 5 RECENT CASES: Attorney's Fee, Average Weekly Wage, Co-Worker Violence, Retaliation, Heart Attack
-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud, TX performance based oversight, MSA structured settlement
-MSP COMPLIANCE BOOK
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From The Editor
Robin Kobayashi 2010

Dear WC Professionals:

 

Thanks to Thomas A. Robinson for his southern perspective on the "stroke belt" states and for explaining the workers' comp implications. 
 
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Editorial Content & Product Development
State Jurisdiction & Reciprocity
Football

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.

the stroke belt

Tom Robinson thumbnailLiving (and Dying) in the Stroke Belt and the Implications for Workers' Compensation, by Thomas A. Robinson, J.D., M.Div.

 

 In the South, we take great pride in a form of perverse magic: we can turn a green vegetable into a stroke.

 

It's pretty simple, really. You take some freshly picked okra, wash it, slice it in half-inch sections, dip the sections in buttermilk, dredge them in corn meal that's been seasoned with liberal amounts of salt and crushed black & red pepper, and fry the morsels in bacon fat until they're golden brown.

 

The taste is incredible. Repeat the procedure regularly for several decades and it's also deadly.

 

Fried okra, fried squash, fried fish, even fried grits -- it's the food I was raised on. It's the food I've been trying unsuccessfully to wean myself from for the past several decades. It's the food that I try to counter each morning with Lisinopril (for hypertension) and a low dose aspirin (to help "thin" my blood). It's the food of the "Stroke Belt." 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. PA: Limits on Contingency Fees Ok'd By Court

 

2. MS: Business Owner Saves Comp Premiums and Successfully Limits Injured Worker's AWW Computation by Dividing Business Into Two Parts

 

3. PA: Fired Worker May Sue Employer Under State Crime Victims' Protection Act

 

4. TX: Company Vice-President's Negative Comment Upon Learning of Worker's Comp Claim Provides Important Evidence of Retaliation

 

5. PA: Injured Worker's Fatal Heart Attack While Holding Termination Letter is Not Compensable 

free enewsletter

Email logoIf 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 to:

 

 

blogS at the lexisnexis workers' comp law community
Fraud SignWorkers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, and Investigations (8/4/2011) - Lawyer Found Dead In His Garage After Accusations of Stealing From Clients, by LexisNexis Workers' Compensation Law Community Staff. Read it
 
 Stuart Colburn

Texas: Performance Based Oversight, by Stuart Colburn, Esq. Read it

 

  

 

 

Martin KlugMO: Commission Awards PTD for Depression, Reversing Findings of Temporary Award, by Martin Klug, Esq. Read it.

 
 

Martin KlugMO: Slip at Work Becomes Slippery Slope for Employer, by Martin Klug, Esq.  Read it.

 

 

 

Teddy SnyderDelay in Calculating a Structured MSA Can Cost You, It's Free, So Why Wait? by Teddy Snyder, Esq. Read it.

 

how to achieve medicare secondary payer compliance

 MSP Red CC 

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.

 
P1130 R12 cover

Implementation of the MMSEA reporting program is underway. Don't wait to order!

> Read more about the contents (1,350 pages). List Price: $179



 

national news

Workers Comp: Impact of ObamaCare and Recession.

Liberty Mutual Plans to Appeal $450M AIG Workers' Comp Settlement.

Report: 9/11 Attorneys Earned $400M in Fees to Help 9/11 Sick Workers.

Social Media, Insurance Fraud, and Invasion of Privacy.

Employers Holdings, Inc. Reports Second Quarter Earnings.

AIG Posts 2Q Net Income of $1.8B.

SeaBright Holdings Reports 2Q Net Loss of $15.8M.

Workers Comp Sitcom Pilot Completed, Screening Scheduled Aug. 31.

state news

AK: WCD Fines Tour Operator $1.5M for Alleged Failure to Carry Workers Comp Insurance.

CA: PacificComp Appoints New Loss Control Manager.

CA: DWC Posts Adjustments to Pathology, Clinical Laboratory Section of OMFS.

CA: WCAB Proposes Changes to Rules of Practice and Procedure, Specifically Lien Claims.

CA: Applicant's Attorney Warns About "Traveling Docs" on Panel QMEs.

CO: Div. of Insurance Issues Guidelines for Workers Comp Audits Fee Charges.

CO: Governor Considers Privatization of Pinnacol Assurance.

CO: Pinnacol Withdraws as Administrator of State Employees' Workers Comp Claims.

FL: CFO Atwater Calls for Review of Check Cashing Services Aiding in Workers Comp Fraud.

GA: Crawford CEO Jeffrey T. Bowman Named One of Georgia's Top CEO's.

IL: Commentary: Illinois Workers Comp Should Be Privatized.

KS: DOL Posts Statistics for Fatal Occupational Injuries for 2009.

MD: IWIF Names Julio C. Shaik as Chief Investment Officer.

MI: State Lowers Workers Comp Pure Premium Rate by 7.4%, Lower Premiums Expected.

MO: MEM Interim President to Cooperate With Legislative Inquiry.

MT: Two Attorneys Vie for Workers Compensation Judge.

NE: Judge Michael P. Cavel to Retire From WCC on 9/30/2011.

NE: WCC Posts Vocational Rehabilitation Meeting Results From 4/22/2011.

NE: WCC Posts Case Decision Summaries for Fiscal Year 2011.

NH: Reports Says LGC Illegally Formed, Overcharged Member Communities.

NY: Plaintiff's Attorney Says Newspaper Misconstrued Facts of 9/11 Worker's Zero Dollar Settlement.

NY: SWCB Posts New Reimbursement Rates for Patient Detoxification, Withdrawal Hospital Care.

NY: Judge Says Chartis Cannot Compel Arbitration Clause in Workers Comp Policies.

NY: NYCIRB Posts Revised Excess Loss Pure Premium Factors, Etc. Effective 10/1/2011.

NY: Governor Fails to Convince Lawmakers to Slash Pay for Workers Comp Board Members.

NC: School to Appeal Workers Comp Ruling for Ex-Principal Shot While Driving to Work.

OK: Governor Fallin Opposes Legalization of Medical Marijuana.

OR: WCB to Hold Hearing on Technology-Related Rules, Attorney's Fee Rules.

PA: Brian Nixon Named Head of State Workers Insurance Fund.

TX: Texas Mutual Surpasses $1B Mark in Dividends for its Customers.

VA: State Regulators Set Hearing on Workers Comp Premiums Proposed Adjustments.

WV: NCCI Recommends 8.1 Percent Cut in Workers Comp Loss Costs.

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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.

August 1, 2011: FECA Senate Hearing

http://archive.constantcontact.com/fs077/1102828640660/archive/1106811616395.html

July 25, 2011: Spinal Cord and Nerve Root Injuries

http://archive.constantcontact.com/fs077/1102828640660/archive/1106693962530.html 

July 18, 2011: Hearing Loss Burden of Proof

http://archive.constantcontact.com/fs077/1102828640660/archive/1106538861976.html 

July 11, 2011: State Workers' Comp Ball of Confusion: AIA's Position on WC Issues

http://archive.constantcontact.com/fs077/1102828640660/archive/1106459756640.html

July 5, 2011: Pulmonary Embolism and the Homebased Worker

June 27, 2011: Medicare Secondary Payer Congressional Testimony

http://archive.constantcontact.com/fs077/1102828640660/archive/1106170037219.html 

June 20, 2011: Out of Network Pharmacies; Home Office Injuries

http://archive.constantcontact.com/fs077/1102828640660/archive/1105986262081.html 

June 13, 2011: Off-Label Drugs

http://archive.constantcontact.com/fs077/1102828640660/archive/1105759563348.html 

June 6, 2011: Transgender Issues

http://archive.constantcontact.com/fs077/1102828640660/archive/1105773492324.html 

May 31, 2011: Cell Phone Distractions

http://archive.constantcontact.com/fs077/1102828640660/archive/1105697648150.html

May 23, 2011: FECA Reform Proposals; Benefits Review Board Update

http://archive.constantcontact.com/fs077/1102828640660/archive/1105575780840.html

May 16, 2011: Full Face Transplant; Medical Foods; P&C Industry Trends

http://archive.constantcontact.com/fs077/1102828640660/archive/1105506640276.html 

May 9, 2011: State of the Line; Workers Comp Trends

http://archive.constantcontact.com/fs077/1102828640660/archive/1105406865560.html 

May 2, 2011: Prescription Drug Abuse

http://archive.constantcontact.com/fs077/1102828640660/archive/1105306219674.html 

April 25, 2011: Radiation Exposure; Medical Fee Schedules

http://archive.constantcontact.com/fs077/1102828640660/archive/1105243933380.html

April 18, 2011: FECA Reform

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

April 11, 2011: NCCI's 2011 Workers' Comp Issues Report

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

April 4, 2011: Workers' Comp Centennial

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

March 28, 2011: Medicare Secondary Payer Reform Legislation; LHWCA Comp Rates

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

March 21, 2011: Triangle Shirtwaist Factory Fire

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

March 14, 2011: Medicare Set-Aside & Special Needs Trust; Union Battle

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

March 7, 2011: 50 State Labor Law Ranking; Illegal Aliens & Workers Comp

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

February 28, 2011: Union Battle

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

February 21, 2011: Erectile Dysfunction in Workers Comp Claims

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

February 14, 2011: Workers Comp Notable People 2010

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

February 7, 2011: Workers Comp Centennial; NCCI's Gauging the Economy

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

January 31, 2011: Medicare Set-Aside Allocations; Workers Comp Soft Market

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

January 24, 2011: Sex, Lies & Videotape - Injured Worker

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

January 17, 2011: FECA & Workers Comp Waste; Medical Residents; AMA Guides

http://archive.constantcontact.com/fs077/1102828640660/archive/1104223885217.html
January 10, 2011: Top 10 Bizarre Cases for 2010

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

January 3, 2011: Depression and Delayed Recovery

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

 

ACCESS 2010 ARCHIVES AND ARTICLES LIST HERE.

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