National Edition Banner March 2010
Vol 2, Issue 43

Find Solutions & Strategies                          October 24, 2011

Dollars DrainExcess Loss Development

 

NCCI study says largest claims develop down, while smaller claims develop up over time

In This Issue
-EXCESS LOSS
-LARSON'S SPOTLIGHT: 5 RECENT CASES: Workers' Comp and Social Security, Notice of Injury, Workers' Comp Exclusion in UIM Policy, Employee Fraud, Immigration Status
-FREE eNEWSLETTER
-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud, DE cases, MO cases
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From The Editor
Robin Kobayashi 2010

Dear WC Professionals:

 

Thanks to John M. Stahl, Esq, for his summary of the recent NCCI report on excess loss development. 
 
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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excess loss DEVELOPMENT

NCCI Studies Excess Loss Development: Largest Claims Develop Down and Smaller Ones Develop Up Over Time, by John M. Stahl, Esq.

 

A September 2011 NCCI research brief entitled "Workers' Compensation Excess Loss Development" followed up on NCCI's 2007 study of the same name. The executive summary of the current study explained that "large loss and excess development is relevant to calculating excess loss factors used in retrospective rating." In simpler terms, this means that these calculations help determine the possibility and amount of excess losses.

 

This summary added that the current study examined loss development related to: "Large deductible policies; State lump-sum settlement rules [and]; State ELFs (excess loss factors) at a $1 million limit." NCCI reported as well that it based its conclusions regarding excess loss development patterns on "large loss and catastrophe claims" that involve a claim of at least $500,000 and that relate to Accident Year 1984 forward. > Read more.

Larson's spotlight: 5 recent cases you should know about

Tom Robinson thumbnailLarson'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. US: Social Security Judge's Findings Regarding Lack of Disability Approved In Spite of Contrary Opinions by Two "Workers' Comp" Physicians

 

2. US: Employer's Termination of Workers' Comp Claimant for Failing to Provide Immediate Notice of Injury OK In Spite of 30-Day Time Period for Notice in Statute

 

3. PA: Workers' Compensation Exclusion in UIM Policy Violates Public Policy and Is Void

 

4. FL: Claimant's Non-verbal Conduct May Constitute "Statements Made" For Purposes of Employee Fraud Statute

 

5. PA: Refusal to Respond to Answer Question as to Immigration Status Is Insufficient to Support Suspension of Benefits 

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blogS at the lexisnexis workers' comp law community
Fraud SignWorkers' Comp Fraud Blotter - Claimant Caught On Video Roofing Before Attending His Workers' Comp Hearing, by LexisNexis Workers' Compensation Law Community Staff. Read it.  

 

 

Cassandra Roberts 

No "Lunacy" Here in Delaware: Employer's Payment of Medical Bills Does Not Create an "Implied Agreement" for Statute of Limitations Purposes, by Cassandra Roberts, Esq. Read it.

 

 

Cassandra RobertsThe Whitman Sampler-a Little Permanency Ruling Round-Up in Delaware, by Cassandra Roberts, Esq. Read it.

 

 

 

Martin KlugMO: Police Chief Awarded Disability For Wiping Car Window, by Martin Klug, Esq. Read it.

 

 

 

Martin KlugMO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier, by Martin Klug, Esq. Read it.

 

 

 

 

national news

NCCI Requests Workers Comp Rate Increases in 19 States This Year.

US Dept of Labor Releases 2010 Workplace Injuries and Illnesses Statistics.

Travelers CEO Says Workers Comp Line Had Highest Level of Rate Increase.

US Senators Introduce Bill to Reform Medicare Secondary Payer System.

NIOSH Says Silicosis Continues to Persist, Exposure to Crystalline Silica Exceeding Permissible Limits Regularly Documented.

US: Dem Lawmakers Re-Introduce Bill to Stop Worker Misclassification.

state news

CA: DWC Says Temporary Total Disability Rate to Increase to $1,010.50 in 2012.

CA: Investigators Issue Stop Work Orders to 31 Businesses for Failure to Carry Workers Comp Insurance.

CA: Amended Office of Self Insurance Plans Regulations Become Effective 10/19/2011.

CA: US DOL Says California Workplace Fatalities Dropped in 2010.

FL: FWCIGA Names Mark Hogle to Board of Directors.

IL: Governor Announces 7 Appointments to Workers' Compensation Commission.

IL: IWCC Says 85,000 Cases Being Reassigned to 17 Arbitrators; Continuance Schedule Being Changed.

IL: US DOL Reports Increase in Illinois Workplace Fatalities for 2010.

MI: Dem Lawmaker Expresses Concerns With Workers Comp Bills.

MI: US DOL Reports Increase in Michigan Workplace Fatalities for 2010.

MO: Business Groups Anxiously Await Outcome of Decisions on Insolvent Second Injury Fund.

MO: DWC Says 132 Workers Comp Claims Filed After Joplin Tornado, 8 Claims Denied by Insurers. 

NH: LGC Requests Change in Corporate Structure.

NH: LGC to Spend More Than $1M in Lawyer Fees.

OH: US DOL Notifies Former Ohio Nuclear Weapons Employees of Energy Workers Comp Program.

OH: Industrial Commission Launches Facebook Page.

OH: Two Court Decisions Deliver Victories to Injured Workers.

OR: DCBS Posts Six Fatalities for Workers Comp, Third Quarter 2011.

PA: High Court Awards Benefits for Widow of Firefighter Who Died of Hepatitis C.

PA: Jury to Decide Case of Firefighter Injured During Rescue Operations.

PA: US DOL Reports Increase in Pennsylvania Workplace Fatalities for 2010.

TN: Sixth Circuit Case Says Employer May Require Early Reporting of Injuries.

TN: High Court Sides With Employee Who Refused to Undergo Second Medical Evaluation.

TX: DWC Releases Results of 2011 Health Care Provider Performance Based Oversight Results.

TX: DWC Announces September Enforcement Actions.

TX: DWC Posts Informal Draft of Rules Relating to Designated Doctor Procedures.

TX: ABA Journal Article Criticizes Texas Workers Comp System for Injured Workers.

TX: US DOL Says Texas Had Highest Number of Workplace Fatalities in 2010.

UT: Governor Signs Special Session Bill to Fix Workers Comp Requirements for Unincorporated Entities.

UT: Workers Compensation Funds Makes Senior Management Changes.

UT: Labor Commission Proposes Rule to Increase Medical Fees by 2 Percent. (see p. 39 of PDF)

WA: L&I to Hold Public Hearing Oct. 26 on Proposed Workers Comp Rate Hike.

WA: Workplace Injury Rates in Washington Show Continued Improvement.

WV: Insurance Commissioner Posts Guidance on Content of Orders Issued in Workers Comp Claims.

WV: US DOL Reports Increase in West Virginia Workplace Fatalities for 2010.

WI: US DOL Notifies Former Wisconsin Nuclear Weapons Employees of Energy Workers Comp.

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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 17, 2011: Diligent Job Search or Diddling Around.

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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