National Edition Banner March 2010
Vol 2, Issue 39

Find Solutions & Strategies                       September 26, 2011

Football College PlayersStudent-Athletes and Workers' Comp

   

Should generating billions in revenue for NCAA and universities trigger employee status?

In This Issue
-STUDENT-ATHLETES
-TOP 25 BLOGS
-LARSON'S SPOTLIGHT: 5 RECENT CASES: Jurisdiction, Mental Injury, Disqualification for Benefits, Evidence of Disability, Pain Impairment
-LARSON'S eBOOK
-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud, DE case
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From The Editor
Robin Kobayashi 2010

Dear WC Professionals:

 

The time has come to award the Top 25 Blogs for 2011. Please submit your recommendations for the best workers comp and work issues blogs by Oct. 21.

 

Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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student-athletes

Workers' Compensation Coverage for Student-Athletes? by John M. Stahl, Esq.  

 

Civil Rights Expert Says Generating Billions in Revenue for NCAA and Universities Should Trigger Employee Status

 

An article that civil-rights historian Taylor Branch wrote for the October 2011 edition of The Atlantic magazine addresses whether the astronomically lucrative services that student athletes provide creates a relationship that triggers workers' compensation liability for sports injuries. Our analysis of this piece will examine the role of basic workers' compensation principles, such as requiring that the relevant activity furthered the business objectives of the entity with the proposed workers' compensation liability, which apply to this controversy.

 

We will additionally share some thoughts that Branch and former National Collegiate Athletic Association (NCAA) official Joe Crowley expressed recently in interviews for the PBS program NewsHour.

 

Lastly we will summarize Professor Larson's discussion of student-athletes as set forth in his authoritative treatise on workers' compensation law. > Read more.

top 25 blogs for 2011
Top 25 Blog Cut OutThe Workers' Compensation Law Community's Top 25 Blogs for 2011 - A Call for Your Suggestions. Each year, LexisNexis honors a select group of blogs that set the online standard for a given industry.

 

The time has arrived for the LexisNexis Workers' Compensation Law Community Staff to make selections for its annual Top 25 Blogs for Workers' Compensation and Workplace Issues.

 

As always, we want to honor ongoing achievement by blogsites as well as point out the best newcomers.

 

Some of the things we review are: the quality of writing, frequency of posting, topics covered, interaction with the Internet community, format and design of blogsite, impact on workers' compensation and workplace issues, Google ranking and/or mentions by other sites.

 

The LexisNexis Workers' Compensation Law Community Staff will review all comments through October 21, 2011, and then make final determinations for the top 25 blogs and announce the honorees on the web center. Click here to find out how to talk up your favorite blog!

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. SD: Resident Status is Insufficient to Confer Jurisdiction for Out-of-State Injury

 

2. PA: Armed Robbery of Liquor Store Was Part of Worker's Normal Working Conditions; No Recovery for Mental Injury Claim

 

3. LA: False Statement As to Drug Use While Under Influence of Post-Trauma Morphine Did Not Disqualify Claimant From Receiving Workers' Compensation Benefits

 

4. NC: Deputy Commissioner Must Base TTD Award on Evidence of Disability, Not "Reprehensible Behavior" of Employer

 

5. ND: Administrative Rules Regarding Pain Impairment Do Not Conflict With AMA Guides 

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 - Painter Who Defrauded September 11th Compensation Fund Must Pay $3 Million, by LexisNexis Workers' Compensation Law Community Staff. Read it

 

 

 

Cassandra Roberts

Back to the Future: A Retroactive Wage Adjustment in Delaware, by Cassandra Roberts, Esq. Read it.

 

 

 

 

national news
state news

AL: NCCI Gives "Guarded" Outlook to Alabama Workers Comp.

CA: Cal Chamber Report Says Calif Economy Getting Better.

CA: Insurance Commissioner Jones Named One of California's Top 100 Lawyers.

CA: Adam Dombchik Wins State Bar Award: Applicant's Attorney of the Year.

CA: WCIRB Releases Report on Second Quarter 2011 Insurer Results.

CT: State Teams Up With IRS, US Dept of Labor to Crack Down on Worker Misclassification.

FL: DWC Proposes Rule Changes for Self-Insurers, Loss Data Reporting, Civil Penalties and Fines.

FL: DWC Publishes 2011 Annual Report.

FL: Cora C. Molloy of Henderson Franklin Named Among Best Lawyers of America 2012.

FL: A.M. Best Revises Outlook to Negative for FHM Insurance Company.

FL: DWC Adopts Rules Relating to Carrier Mandatory Filing, New Form for Healthcare Provder Violation.

HI: State Teams Up With IRS, US Dept of Labor to Crack Down on Worker Misclassification.

IL: Five Workers Comp Lawyers at Corti Aleksy & Castaneda Selected as Best Lawyers in America 2012.

IL: Judge Rules AG Decision Timely Filed, Lawsuit Moves Forward Against State Agency Attempt to Block Release of Medical Records in Menard Prison Guard Controversy.

IN: Indiana Compensation Rating Bureau Posts 2011 Annual Report.

MD: State Teams Up With IRS, US Dept of Labor to Crack Down on Worker Misclassification.

MD: WCC Posts Revised Issues Form.

MA: State Teams Up With IRS, US Dept of Labor to Crack Down on Worker Misclassification.

MN: State Teams Up With IRS, US Dept of Labor to Crack Down on Worker Misclassification.

MO: State Teams Up With IRS, US Dept of Labor to Crack Down on Worker Misclassification.

MO: NCCI Reports Indemnity Loss Ratios Declining, Medical Loss Ratios Show Slight Increase.

NH: Lawmakers Hear Bill to Study LGC.

NH: NCCI Reports Indemnity Loss Ratios Declining, Medical Loss Ratios Rising.

NJ: WCRI Says Medical Networks, Cost Containment Strategies Control Growth in Medical Payments.

NY: NYSIF Posts 2010 Annual Report.

OH: Attorney Eric G. Bruestle of Roetzel & Andress Named Among Best Lawyers in America 2012.

OR: WCD Posts Changes to Hospital Fee Schedule.

OR: WCD Posts Proposed Rules for Medical Fees and Payments.

OR: WCD Posts Proposed Rules for Medical Services.

OR: WCD Posts Proposed Rules for Managed Care Organizations.

OR: WCD Posts Proposed Rules for Claim Closure and Reconsideration.

PA: Christopher M. Fox Joins Pond Lehocky Stern Giordano Law Firm.

PA: Amazon.com Warehouse Workers Complain of Heat-Related Illnesses.

SD: High Court Signals Workers Comp System Needs Updating.

TX: DWC Posts Weekly Benefit Rates for 10/1/2011 Through 9/20/2012.

TX: DWC Posts Finalized Treating Doctors - Lumbar Spinal Fusions Plan-Based Audit.

UT: State Teams Up With IRS, US Dept of Labor to Crack Down on Worker Misclassification.

VA: NCCI Says Medical Severity a Concern, Claims Frequency Increases, Premium Decline.

WA: State Teams Up With IRS, US Dept of Labor to Crack Down on Worker Misclassification.

WA:L&I Proposes 2.5 Percent Workers Comp Rate Increase.

WA: Editorial Says L&I Workers Comp Rate Hike "Disingenuous".

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View the honorees

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.

September 19, 2011: Prescription Drug Costs

http://archive.constantcontact.com/fs077/1102828640660/archive/1107632058664.html

September 12, 2011: MSP Reporting: AIA Seeks Another Delay

http://archive.constantcontact.com/fs077/1102828640660/archive/1107548302774.html

September 6, 2011: Tenth Anniversary of 9/11: Workers' Comp Perspective

http://archive.constantcontact.com/fs077/1102828640660/archive/1107441168236.html

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 

 

ACCESS 2010 ARCHIVES AND ARTICLES LIST HERE.

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