National Edition Banner March 2010
Vol 2, Issue 36

Find Solutions & Strategies                        September 6, 2011

9/11 WTC 10 Yr Anniversary9/11 Tenth Anniversary From a Workers' Compensation Perspective 
 
 

Difficult times behind us; difficult times ahead  

In This Issue
-9/11 TENTH ANNIVERSARY
-LARSON'S SPOTLIGHT: 5 RECENT CASES: Insurance Premiums, Lifetime Income Benefits, Illegal Aliens, Death Benefits, Unfair Settlement Claims
-LARSON'S eBOOK
-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From The Editor
Robin Kobayashi 2010

Dear WC Professionals:

 

This issue is dedicated to the thousands who perished on 9/11/2001, and to all the first responders and clean up crews.

 

To receive this free eNewsletter, send me your full name and email address with your request for the national edition enewsletter.   

 

Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional - Analytical Operations
9/11: a workers' comp perspective

Tom Robinson thumbnail10th Anniversary of 9/11 Terrorist Attacks From a Workers' Compensation Perspective: Difficult Times Behind Us; Difficult Times Lay Ahead, by Thomas A. Robinson.

 

Last week, while an angry gal named Irene was making her way up the Atlantic coast toward Gotham, I happened to get out of North Carolina ahead of the storm to spend a few days (August 25-26) in lower Manhattan. During one excursion there, I passed Ground Zero and noticed a flurry of activity as many worked feverishly to protect the almost-finished National September 11 Memorial from the potential damage that could be caused by Irene's wind, rain, and storm surge.

 

It struck me how different are the attacks of hurricanes and terrorists. The former signal their path and intensity with observable patterns, the latter rely upon and require stealth since they produce the most damage among those whose guard is down.

 

Post-Irene reports from New York City indicate the storm produced much less damage than feared. Thank Goodness, the 400 swamp white oak trees that had been so carefully planted in the Memorial plaza were totally spared. The chaos caused by the Atlantic storm, as expensive as it is likely to be, is, of course, nothing compared to the losses experienced during, and following, the 9/11 tragedy.

 

Ten years have passed since that fateful day, but the waves caused by the terrorist attacks continue to spread through our society. Our travel routines, the security in our buildings, even the availability of trash cans in urban areas, have all been affected. The not-so-gentle ripples of the attack were also keenly felt within the workers' compensation world. It is fitting to look back at the past ten years, as we reflect upon that day when four airliners were commandeered for such nefarious purposes [for a general discussion of the September 16, 1920 Wall Street Explosion (or bombing), the 1995 Oklahoma City Bombing, and the September 11, 2001 Terrorist Attacks, as they relate to workers' compensation, see Larson's Workers' Compensation Law, Ch. 7, § 7.02].

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. MA: Employer May Not "Contractually" Transfer Cost of Workers' Compensation Insurance Premiums to Employees

 

2. TX: Award of Lifetime Income Benefits Limited to Injuries Specifically Enumerated in Statute

 

3. KY: Workers' Compensation Act Protects "Unauthorized" Aliens

 

4. PA: Death Benefits Denied to Spouse of Employee Found Slumped Over "Home Office" Desk

 

5. TX: Unfair Settlement Claims Against Workers' Compensation Carrier May Not Proceed 

who says you can't take it with you?

Ebook Ereader DeviceIntroducing 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.

 

blogS at the lexisnexis workers' comp law community
Fraud SignWorkers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, and Investigations - Injured Letter Carrier Operated Online Adult Sex Business While Receiving Federal Workers' Compensation, by LexisNexis Workers' Compensation Law Community Staff. Read it.
national news

US Dept of Labor Warns That US Postal Service Default Could Harm Workers Injury Fund.

Federal Employee Groups Urge Congressional Committee to Reject Cuts to Pay, Workers Comp Benefits.

9/11 Victim Compensation Fund: Special Master Issues Final Ruling.

NCCI Posts Latest Report on Gauging the Economy.

2011 Workers Comp Reforms Not a Big Victory for GOP.

US Labor Secretary Says All Workers, Including Illegal Workers, Should Be Protected.

US Labor Dept Signs Agreement to Protect US Migrant Workers.

Settlement-Class Insurers Launch Website to Support AIG's Workers Comp Settlement.

Workers Comp TV Sitcom Pilot Called Professional and Funny.

state news

AK: Governor Announces Appointments to Workers Comp Board, Safety Advisory Council.

CA: AB 211 Sent to Governor, Would Make Retraining Vouchers Available Sooner to Injured Workers.

CA: AB 899 Babysitter Bill Sets Off "Storm of Protests".

CA: AB 397 Contractor Proof of Workers Comp Coverage Sent to Governor.

CA: Senate Action Awaits for Bills to Control Pharmaceutical Costs, Frictional Costs in Workers Comp System.

CA: Select Staffing to Appeal $50M Judgment for Alleged Underpayment of Workers Comp Premiums, Underreporting of Payroll.

FL: CFO Atwater Comments on NCCI's Request for 8.9 Percent Rate Increase.

IL: Chicago Tribune Reviews Changes to Illinois Workers Compensation.

IL: Fifth District Court Rejects Bid to Overturn Class Action Settlement With First Health Group.

IL: IWCC Announces New Downstate Arbitration Regions.

IA: Labor Advocates Reflect on Past Year's Struggle for Workers' Rights.

KY: Supreme Court Rules Federal Immigration Laws Do Not Preempt Workers Comp Benefits for Illegal Aliens.

KY: Insurance Commissioner Approves 7.5 Percent Decrease in Workers Comp Loss Cost Rates.

LA: OWC Posts New Minimum, Maximum Weekly Benefits Rates.

MA: Supreme Court Says Employers Unable to Pass Workers Comp Premium Costs to Employees.

MA: Labor Activists Protest Temp Agencies' Alleged Unfair Practices.

MT: Workplace Fatalities Decrease in Montana.

NE: Governor Sent Names of Six Nominees for Workers Compensation Court.

NH: LGC Admits Corporate Restructuring Inappropriate, Will Return to Non-Profit Status.

NH: State Lawmakers Want Court-Appointed Receiver for LGC.

NH: Security Regulators Allege LGC Violated Law, Committed Financial Mismanagement.

NJ: DWC Director Honors New Jersey Workers Compensation Centennial.

NJ: DWC Posts Suggested Language for Orders Involving Accidental Disability Pension.

NJ: DWC Announces Mandatory Daily Court List Beginning 9/6/2011.

NY: Workers Comp Rule Change Impacts Injured Workers With Chronic Pain.

NY: Fire Dept to Release Study Linking 9/11 Response, Clean Up to Cancer.

OH: Governor to Honor 100 Workers Who Died on Job.

OK: OWCC Switches From Blue Book to Red Book for Purposes of Average Wholesale Price for Pharmaceutical Reimbursement.

OK: OWCC Posts Changes to Maximum Weekly Benefit Rates.

OR: WCD Issues Notice of Pre-Closure Accuracy Audit for Insurers, Self-Insureds, TPAs.

OR: WCD Posts Rulemaking Calendar.

PA: Death of a Salesman: Court Denies Death Benefits When Sales Manager Found Dead in Home Office.

SC: WCC Chairman Updates Preferences to Include Electronic Processing of All Proposed Orders.

TN: Insurance Commissioner Approves License for First New Captive Insurer.

TX: Texas Mutual to Pass $1B Mark for Policyholder Dividends Paid.

TX: DWC Accepting Comments on Proposed Readoption of Rules. (See Page 164 of PDF)

TX: DWC Proposes Rule Changes to Benefit Review Conferences.

UT: Labor Commission Files Proposed Rule to Increase Attorney Fees by 12.123 Percent. (See Page 49 of PDF)

WI: Columnist Reflects on 100 Years of the Workers Comp Great Compromise.

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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 29, 2011: Battle of the AMA Guides: 5th Edition vs. 6th Edition

http://archive.constantcontact.com/fs077/1102828640660/archive/1107331628819.html

August 22, 2011: Average Weekly Wage & Concurrent Employment

http://archive.constantcontact.com/fs077/1102828640660/archive/1107209297040.html

August 15, 2011: War Hazards Compensation Act: Reimbursement Claims

http://archive.constantcontact.com/fs077/1102828640660/archive/1107048502651.html

August 8, 2011: The Stroke Belt and Implications for Workers' Compensation

http://archive.constantcontact.com/fs077/1102828640660/archive/1106940376674.html

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 

 

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