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Find Solutions & Strategies October 17, 2011 |
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 Diligent Search for Work or Just Diddling Around
The importance of determining what a diligent job search is -- and what it is not | |
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| A Note From The Editor |  | |
Dear WC Professionals:
Thanks to Paul B. Howell, Esq. for his legal analysis of what constitutes a diligent job search by a Longshore Act claimant.
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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| diligent search for work | |
 Diligent Search for Work or Just Diddling Around. In this article by Paul B. Howell, Esq., Franke & Salloum, PLLC, the author examines cases under the Longshore Act. Howell explains that: "Once the claimant establishes that he is unable to perform his usual work, the burden shifts to the employer to demonstrate the availability of realistic job opportunities within the geographic area where the claimant resides, which the claimant, by virtue of his age, education, work experience, and physical restrictions, is capable of performing....An employer may meet this burden by the submission of expert testimony that suitable alternative employment is available in the geographic region where the claimant resides...or by offering the claimant a modified or light-duty position within its facility...."
However, what happens when the employer has met its burden of proof? According to Howell: "The case law reflects that the burden returns to the claimant to establish that he has diligently sought jobs such as those identified by the employer without success. If he has diligently sought such work without success, he may still establish entitlement to total disability despite employer's proof."
But as Howell points out, "[I]t is important to determine what a diligent job search is -- and what it is not." > Read the article.
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| OSHA workplace safety regs | |
Congress Holds Hearing on OSHA Workplace Safety Regulations, by John M. Stahl, Esq. The Subcommittee on Workforce Protections (subcommittee) of the Education and the Workforce Committee of the U.S. House of Representatives held a hearing on October 5, 2011 titled "Workplace Safety: Ensuring a Responsible Regulatory Environment" to discuss proposed changes to workplace safety regulations of the U.S. Occupational Safety and Health Administration (OSHA). Highlights of the testimony are provided... > Read more. |
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| pre-loss control programs |
Experts Address Pre-loss Control Programs: Panel Shows Benefits of Shifting Focus From Post-Injury Costs to Incident Prevention, by John M. Stahl, Esq. An October 11, 2011, webinar entitled "Injury Prevention & Pre-Loss Controls: A Paradigm Shift in Workers' Compensation, sponsored by Zurich [Insurance]" discussed how devoting time and resources to reducing compensable incidents is more sensible than focusing economy measures on post-incident workers' compensation expenses. > 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. VA: Nurse Distracted by Cell Phone Receives Comp Benefits From Auto Crash
2. IL: Commission Incorrectly Ignored 40 Years of Coal Dust Exposure in Refusing Claimant's Claim for COPD Disability Benefits
3. MO: Police Chief's Neck Injuries While Washing Windshield of Patrol Car Are Compensable
4. LA: Injured Worker's "Helping Out" in Wife's Custom-Made Goose Call Business Does Not Result in Disqualification From Further Disability Benefits
5. VA: Surviving Spouse Entitled to Death Benefits in Spite of Legal Separation From Deceased
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| msp compliance SPECIAL OFFER | |
 The Complete Guide to Medicare Secondary Payer Compliance, by Jennifer C. Jordan, Esq.
BUY 2010 EDITION FOR $145 DISCOUNT PRICE; GET 2011 EDITION FOR FREE.
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, the 2011 edition has been sent to the printer. The book will ship to customers in mid-November. So be sure to take advantage of this special promotion during its final days and save money! |
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| blogS at the lexisnexis workers' comp law community |
 Workers' Comp Fraud Blotter - Tree Trimming Business Owner Did Not Have Workers' Comp Insurance For Employee Killed By Wood Chipper, by LexisNexis Workers' Compensation Law Community Staff. Read it.
A Penny Saved Is a Penny Earned -- Does a Delaware Claimant Have the Right to Refuse Express Scripts? by Cassandra Roberts, Esq. Read it.
 Nevada: Are Your Benefits Calculated Correctly? by Virginia L. Hunt, Esq. Read it.
 Texas: SORM v Rodriguez 08-10-00278, by Stuart D. Colburn, Esq. Read it.
Texas Case Management, by Stuart D. Colburn, Esq. Read it.
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| state news |
AZ: NCCI Reports Large Loss of Construction Jobs Impacted Workers Comp Market.
AZ: NCCI Requests 5.2 Percent Rate Increase.
CA: Cal Chamber Applauds Governor's Decision to Protect Workers' Comp System.
CA: AIA Praises Gov. Brown for Holding the Line on Workers Comp Costs.
CA: AB 397, AB 766, AB 878 Signed Into Law to Tackle Underground Economy.
CA: DWC Issues First Notice of Proposed Revisions to Public Disability Accommodation Rules.
CO: NFIB Workers Comp Insurance Now Available in Colorado.
CT: NCCI Reports Increase in Lost-Time Claim Frequency, Average Indemnity, Medical Costs.
FL: FLOIR Holds Hearing for 8.9 Percent Workers Comp Insurance Rate Hike.
IL: Rahm Emanuel to Launch Program to Reduce Workers Comp Costs for Chicago.
IL: Rep. Dwight Kay Appointed to State Workers Comp Advisory Board.
IL: Governor Advances Workers Comp Reform With Arbitrator Appointments.
IL: NCCI Requests 3.5 Percent Rate Increase.
IN: ICRB Proposes 2.6 Percent Rate Increase.
ME: NEMIC Returns $12M in Dividends to 19,000 Employers.
MD: Panel Recommends One Year Salary Freeze for Workers Comp Commission Members.
MI: House Committee Delays Workers Comp Reform Hearing.
NJ: NJCIRB Seeks 6.9 Percent Hike in Workers' Comp Rates.
NM: WCA to Hold Public Hearing on Changes to Medical Fee Schedule, Rules.
NM: Governor Appoints Melinda Pattison to Workers Comp Advisory Council.
NY: SWCB Names Medical Advisory Committee.
NY: SWCB Announces Reimbursement for Spinal Surgery Implants Reinstated.
NC: Worker Poisoned by Co-Worker With Visine Drops Receives Workers Comp.
OH: BWC Chief Visits NE Ohio, Talks Safety and Bureau Priorities.
OK: Oklahoma Lawmakers Study Workers Comp Opt Out Proposal.
OR: WCD Posts Notice of Reimbursement of Injured Workers' Travel, Food, Lodging Costs.
SD: DLM to Hold Hearing on Medical Case Management, Fee Schedule, Recovery Guidelines.
TN: Michael Corbett Named Director of Captive Insurance at Dept. of Commerce and Insurance.
TX: DWC Adopts Amendments to Pharmacy Fee Guideline, Pharmaceutical Expenses.
VA: Surviving Spouse Awarded Death Benefits Despite Legal Separation From Decedent. |
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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. October 10, 2011: Workers Compensation Claim Frequency.
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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