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Find Solutions & Strategies October 10, 2011 |
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 It's Still the Economy, Stupid
The impact of the recession on claims frequency | |
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| A Note From The Editor |  | |
Dear WC Professionals:
Thanks to Vernon Sumwalt, Esq. for his analysis of claims frequency statistics.
To receive this free, weekly eNewsletter, send me your full name and email address with your request for the national edition.
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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| Top 25 Blogs for 2011 |  |
The LexisNexis Workers' Comp Law Community seeks your suggestions for its annual Top 25 Blogs for Workers' Comp and Workplace Issues. Click here to find out how to talk up your favorite blog! Deadline: October 21, 2011. |
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| wc claims frequency | |
 It's Still the Economy, Stupid: Considering the NCCI Research Brief "Workers' Compensation Claims Frequency", by Vernon Sumwalt, Esq.
In the NCCI brief "Workers' Compensation Claims Frequency" (August 2011), Jim Davis and Yair Bar-Chaim look at the consequences of the Great Recession of 2007-2009 upon workers' compensation claims frequency in 2010. To a variable extent, the conclusions drawn in similar studies match up to our "real world" experiences as advocates for parties in workers' compensation claims, but there are a few differences. This article looks at some of NCCI's conclusions and their relevance to our day-to-day experience while keeping in mind, of course, that NCCI studies are for a different purpose-ratemaking services for its members.
The NCCI brief (in brief). For the first time since 1997, NCCI reported an increase in claims frequency compared to previous years-in fact, the frequency was 3% higher in 2010 than the previous frequency for 2009. Claims involving less than $50,000 in loss declined more steeply than those with more loss. Generally speaking, this decline prevailed (1) particularly in claims under assigned risk policies, but also for those under policies purchased in voluntary markets, (2) across all geographic regions, (3) in all states, and (4) throughout industry groups, and even among the largest classes of employers within each industry group. > Read more |
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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. LA: Court Affirms $16,000 in Penalties and Fees for Unilateral Termination of Benefits and Adds $4,000 More of Its Own
2. MD: Friend of Co-Worker Follows Claimant in High-Speed Auto "Chase," Then Shoots Him; Court Says No Recovery Because, Among Other Things, Claim Barred by "Going and Coming Rule"
3. GA: 5-Day Response Rule Regarding Pre-Authorization of Medical Care Does Not Shift Burden of Proof to Employer/Carrier
4. MA: Settlement Proceeds Appropriately Allocated to Loss of Consortium and to Decedent's Pain and Suffering are Not Subject to Lien Related to Employer/Carrier's Subrogation Rights
5. LA: Worker's Claim For Injury Resulting From Exposure to Hazardous Chemicals Found Time-Barred |
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| msp compliance SPECIAL OFFER | |
 The Complete Guide to Medicare Secondary Payer Compliance, by Jennifer C. Jordan, Esq.
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To order, call 1-800-223-1940 and use the Promotional Code JCM139695. Offer ends 11/14/2011 (or when 2010 stock is depleted).
We are excited to report that, after months of hard work, we'll be clearing the 2011 edition to the printer later this week. The book will ship to customers in mid-November. So be sure to take advantage of this special promotion while it lasts and save money! |
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| blogS at the lexisnexis workers' comp law community |
 Workers' Comp Fraud Blotter - Attorney Indicted for Allegedly Cheating His Professional Athlete Clients, by LexisNexis Workers' Compensation Law Community Staff. Read it.
DE Workers Comp Section Meeting on 10/11/11, aka Happy Hour at the Ale House, by Cassandra Roberts, Esq. Read it.
 Vermont Workers' Compensation Update: March to June 2011, by Keith J. Kasper, Esq. Read it.
Vermont Workers' Compensation Update: July to September 2011, by Keith J. Kasper, Esq. Read it. |
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| state news |
CA: SCIF to Lay Off Up to 1,800 People by 2Q 2012.
CA: Expert Warns 1.8 Percent Rate Decrease Could Lead to Average Increase of 36 Percent.
CA: DWC Posts Interim Pharmaceutical Fee Schedule Data File.
CA: Insurance Commissioner Applauds Signing of Bill to Help Reduce Workers Comp Costs.
CA: ACIC Applauds Gov. Brown's Workers' Comp Signature and Vetoes.
CT: Matthew Shafer of Suisman Shapiro Named to Best Lawyers of America 2012.
CT: WCC Annual Report 2010-2011 Now Online.
CT: WCC Posts Benefit Rate Changes.
CT: WCC Posts AWW, Max Comp Rate, and COLA Memorandum.
FL: FLOIR Welcomes New Deputy Insurance Commissioner.
FL: FLOIR Announces Internal Staff Changes.
FL: DWC Proposes Rule Change to Clarify Self-Insurer, Parent Company Structure.
GA: Supreme Court Upholds Deadline for Insurers to Respond to Medical Claims, But Only for Injuries Compensable Under Workers Comp.
HI: NCCI Reports Indemnity and Medical Loss Ratios Slightly Increasing, Premiums Decline.
ID: Industrial Commission Schedules Hearings for Proposed Changes to Self-Insurance Rules.
IL: Insurance Dept Finalizing Provider Network Rules, PPOs to Commence as Early as January.
IA: NCCI Reports Indemnity Loss Ratios Stable, Medical Loss Ratios Increasing.
MA: DIA Posts New Benefit Rates.
MI: Detroit Lions Support HB 5002 Workers Comp Reform.
MI: Business Groups Call on Lawmakers for Workers Comp Reforms.
MT: Disbandment of LMAC to Oversee Workers Comp Reforms Questioned.
NH: City Manager Bohenko Cleared From Alleged LGC Mistakes.
NH: LGC Trial Begins, No Bias by Hearing Officer.
NH: LGC, State Spar Over Review of LGC's Financial Records.
NH: LGC Wants Two Other Municipal Insurance Pools Added as Defendants.
NY: SWCB Could Lose 27 Employees in Statewide Lay Offs.
NY: SWCB Chair Seeks Comments on Draft Carpal Tunnel Syndrome Treatment Guidelines.
NY: Six Partners at Pasternack Tilker Named Super Lawyers for 2011.
ND: Dave Kenmitz Steps Down as North Dakota AFL-CIO President.
OH: Judge Rules Cascom Employees Misclassified as Independent Contractors.
OH: Senate President Warns of Lack of Time to Complete Workers Comp Reform in 2011.
OK: Supreme Court Clarifies Types of Workers Comp Awards That Apply to Disability Limits.
OK: NCCI Reports Indemnity Average Cost Per Case Declined, But Higher Than Other States.
OR: NCCI Reports Loss Time Frequency and Medical Average Cost Increasing.
OR: WCD Posts Permanent Total Disability Calculator Update.
SC: WCC Commissioner David W. Huffstetler in Hot Seat for Possible Misconduct in Case.
TN: LWC Posts Emergency Rule Amendment for Medical Fee Schedule.
TX: TDI Posts 2011 Workers Comp Network Report Card Results.
TX: DWC to Offer Regional Workplace Safety Summit in Lubbock on 10/19/2011.
TX: Three Injured Workers at Lear Plant Win Jury Award in Retaliatory Discharge Case.
TX: TDI-TWC Approves 14 Companies to Self-Insure for Workers Comp Claims.
TX: TDI Calls for Third Quarter Experience - Workers Comp Deductible Plans.
UT: Supreme Court Rules Insurer's Notice of Appeal Untimely, Must Repay Workers Comp Fund.
VA: Court Reaffirms Award for Injured Worker in Cell Phone Use Case.
WA: Former Flight Attendant, Who Claimed Injuries From Toxic Fumes in Cabin, Reaches Settlement With Boeing.
WA: L&I Posts Study on Effect of DOSH Enforcement on Compensable Claims for 10-Year Period.
WV: Timothy E. Huffman of Jackson Kelly Named to Best Lawyers of America 2012.
WV: George E. Roeder, III, of Jackson Kelly Named to Best Lawyers of America 2012.
WV: Joseph L. Sallee, Jr. of Dinsmore Named to Best Lawyers in America 2012.
WV: Zurich Quietly Begins Providing Workers Comp Insurance to State Agencies. |
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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 26, 2011: Student-Athlete Controversy.
September 19, 2011: Prescription Drug Costs.
September 12, 2011: MSP Reporting: AIA Seeks Another Delay.
September 6, 2011: Tenth Anniversary of 9/11: Workers' Comp Perspective.
August 29, 2011: Battle of the AMA Guides: 5th Edition vs. 6th Edition.
August 22, 2011: Average Weekly Wage & Concurrent Employment.
August 15, 2011: War Hazards Compensation Act: Reimbursement Claims.
August 8, 2011: The Stroke Belt and Implications for Workers' Compensation.
August 1, 2011: FECA Senate Hearing.
July 25, 2011: Spinal Cord and Nerve Root Injuries.
July 18, 2011: Hearing Loss Burden of Proof.
July 11, 2011: State Workers' Comp Ball of Confusion: AIA's Position on WC Issues.
July 5, 2011: Pulmonary Embolism and the Homebased Worker.
June 20, 2011: Out of Network Pharmacies; Home Office Injuries.
June 13, 2011: Off-Label Drugs.
June 6, 2011: Transgender Issues.
May 31, 2011: Cell Phone Distractions.
May 23, 2011: FECA Reform Proposals; Benefits Review Board Update.
May 16, 2011: Full Face Transplant; Medical Foods; P&C Industry Trends.
May 9, 2011: State of the Line; Workers Comp Trends.
May 2, 2011: Prescription Drug Abuse.
April 25, 2011: Radiation Exposure; Medical Fee Schedules.
April 18, 2011: FECA Reform.
April 11, 2011: NCCI's 2011 Workers' Comp Issues Report.
April 4, 2011: Workers' Comp Centennial.
March 28, 2011: Medicare Secondary Payer Reform Legislation; LHWCA Comp Rates.
March 21, 2011: Triangle Shirtwaist Factory Fire.
March 14, 2011: Medicare Set-Aside & Special Needs Trust; Union Battle.
March 7, 2011: 50 State Labor Law Ranking; Illegal Aliens & Workers Comp.
February 28, 2011: Union Battle.
February 21, 2011: Erectile Dysfunction in Workers Comp Claims.
February 14, 2011: Workers Comp Notable People 2010.
February 7, 2011: Workers Comp Centennial; NCCI's Gauging the Economy.
January 31, 2011: Medicare Set-Aside Allocations; Workers Comp Soft Market.
January 24, 2011: Sex, Lies & Videotape - Injured Worker.
January 17, 2011: FECA & Workers Comp Waste; Medical Residents; AMA Guides.
January 10, 2011: Top 10 Bizarre Cases for 2010.
January 3, 2011: Depression and Delayed Recovery.
ACCESS 2010 ARCHIVES AND ARTICLES LIST HERE. |
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