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Find Solutions & Strategies September 26, 2011 |
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Student-Athletes and Workers' Comp
Should generating billions in revenue for NCAA and universities trigger employee status? | |
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A Note From The Editor |  |
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. |
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top 25 blogs for 2011 | The 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! |
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Larson's spotlight: 5 recent cases you should know about |
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. 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 |
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who says you can't take it with you? |
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.
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blogS at the lexisnexis workers' comp law community |
Workers' Comp Fraud Blotter - Painter Who Defrauded September 11th Compensation Fund Must Pay $3 Million, by LexisNexis Workers' Compensation Law Community Staff. Read it.

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