LexisNexis Workers' Comp Free eNewsletter: War Hazards Reimbursement Claims

Vol 2, Issue 33

Find Solutions & Strategies August 15, 2011

The War Hazards Compensation Act

The controversies over reimbursement claims for civilian workers injured or killed

In This Issue

-LARSON'S SPOTLIGHT: 5 RECENT CASES: Misrepresentation, Recusal, Activities of Daily Life, Obesity and Personal Risk, Exclusive Remedy

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

-NATIONAL NEWS

-STATE NEWS

-eNEWSLETTER ARCHIVES

A Note From The Editor

Dear WC Professionals:

Thanks to Karen Yotis, Esq. for interviewing Roger A. Levy, Esq. about the current controversies of war hazards compensation claims.

We are pleased to announce the ebook version of Larson's Workers' Compensation, Desk Edition (3 vols.) at a special 20 percent discount.

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.

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war hazards

Reimbursement Under the War Hazards Compensation Act: An Interview With Roger A. Levy, by Karen Yotis, Esq.

(Editor's Note: The following is an excerpt of an Emerging Issues Analysis article. Information on obtaining the complete article is set forth at the end of this excerpt.)

When the matter at hand involves the Defense Base Act (DBA) or a reimbursement claim under the War Hazards Compensation Ac (WHCA), the go-to expert is Roger Levy Roger A. Levy, of counsel at the San Francisco firm of Laughlin Falbo Levy & Moresi. Levy was recently interviewed about a presentation on WHCA reimbursement claims, which he delivered at Loyola's 2011 Annual Longshore Conference. Levy talked about the history and basic provisions of the WHCA, analyzed a set of somewhat surprising statistics, outlined interesting fact patterns and misconceptions involving WHCA claims, and shared practice pointers.

As explained by Levy, "it is no secret that much of the government's work that is being done in connection with the wars in Iraq and Afghanistan is being done by civilians...whose employers have contracts with government agencies approved by the United States government, or one of the other bases for coverage under the Defense Base Act (DBA)." Read more.

who says you can't take it with you?

Ebook Ereader Device Introducing the Larson's Workers' Compensation, Desk Edition eBook from LexisNexis®. It's portable, dependable, and simple to use on your computer with e-reader software like Adobe® Digital Edition, or on dedicated e-reader devices, such as Apple® iPad®, Sony® Reader, and Amazon® Kindle™.

Attorneys, courts, employers, insurance professionals, government entities, policymakers, and others involved with workers' compensation issues depend on Larson's authoritative and incisive coverage on the exclusive remedy defense, employment status, medical and death benefits, psychological injuries, third-party claims, and more.

With Larson's you'll also get a bird's eye view of the various jurisdictions and their interpretations of complex workers' compensation issues. Now, this same trusted content is ready whenever you need it and wherever you are, 24/7.

WORKERS' COMPENSATION CENTENNIAL DISCOUNT: SAVE 20 PERCENT ON THIS eBOOK.

author larson: visionary scholar

Arthur Larson once said his treatises on workers' compensation law were "human rights documents". Larson's Workers' Compensation Law (LexisNexis, 12 vols.) and Larson's Workers' Compensation, Desk Edition (LexisNexis, 3 vols.), which have guided workers' compensation professionals and policymakers since 1952, continue to be the most frequently cited authority on workers' compensation in court decisions.

This year, in celebration of the Workers' Compensation Centennial, we are reminded of Professor Larson's words of wisdom, as stated in his memoirs A Twentieth-Century Life: "Workers' compensation...has displayed a reassuring ability to survive in spite of never-ending controversies and clashes of interests. There is no reason why it should not continue to do so, provided that the principal players never lose sight of the system's central purpose: to provide suitable income for all industrially-injured workers reliably and promptly throughout their lives."

Read a recent Risk & Insurance article on Arthur Larson.

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. AL: Employee Disqualified From Receiving Benefits Because of Misrepresentation-No Employer Reliance Required

2. OH: Hearing Officer's Denial of Claimant's Similar Request for PTD Benefits Five Years Earlier Was Not Grounds for Recusal

3. KS: Stooping and Bending to Retrieve Tools Were Not "Normal Activities of Daily Life;" Court of Appeals Erred in Denying Compensability

4. IN: Risk of Obese Employee's Getting Stuck in Cafeteria Booth is not "Personal Risk;" Award Should Have Been Given For Cracked Femur

5. US: Employee of Labor Broker May Not Sue Borrowing Employer For Negligence as His Tort Action Was Barred by Exclusive Remedy Provision of Longshore Act

blogS at the lexisnexis workers' comp law community