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Find Solutions & Strategies October 31, 2011 |
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 The Supremes Consider OCSLA
The case will address the geographical limits of the Outer Continental Shelf Lands Act | |
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| A Note From The Editor | |
Happy Halloween! | |
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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MSP SPECIAL OFFER |
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New 2011 Edition
Has Gone to Press! | |
Buy the 2010 Edition for $145; Get the 2011 Edtiion FREE.
To order, call 1-800-223-1940 and use Promotional Code JCM139695.
This offer ends 11/14/2011 or when the 2010 stock is depleted. |
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| outer continental shelf lands act | |
The Supremes Consider OCSLA.  Thomas C. Fitzhugh, III, Fitzhugh & Elliott, P.C., Houston, Texas, addresses a case on the Supreme Court's upcoming docket that concerns the Longshore community: Valladolid v. Pacific Operations Offshore, LLP, 604 F.3d 1126, 44 BRBS 35(CRT) (9th Cir. 2010), cert. granted sub nom. Pacific Operations Offshore, LLP v. Valladolid, 179 L. Ed. 2d 298, 131 S. Ct. 1472 (2011).
This case will address the geographical limits of the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C.S. § 1331 et seq., and resolve a split among the circuits on whether any injuries occurring on land can be covered by OCSLA. OCSLA incorporates the Longshore Act for benefits to covered workers (Longshore and Harbor Workers' Compensation Act, 33 U.S.C.S. § 901 et seq.). > Read more. |
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wcri: reasons to attend the 2011 issues & research conference | |
 Karen Holt, Assistant Director of Membership and Revenue Development for the Workers Compensation Research Institute, discusses the WCRI's Annual Issues & Research Conference scheduled for November 16-17 in Boston. She previews a few of the sessions and speakers and outlines continuing education credits that can be obtained. Listen to the six-minute podcast here.
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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. OH: Court Affirms $600,000 Judgment on Jury Verdict in Intentional Tort Case
2. OH: Out-of-State Worker Injured During Two-Day Ohio Seminar May Recover Benefits Only in Home State
3. MO: No Benefits for Worker When Foot Slipped Off Her Sandal While Making Coffee for Her Co-Workers
4. LA: Workers' Comp Claimant Not Entitled to Court-Appointed Counsel
5. OH: Injured Worker's Undisclosed Work in Bingo Parlor Results in Disqualification From Claims |
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| free enewsletter |
 If you haven't subscibed yet to our free weekly eNewsletter, send your full name and email address, along with your request for the National edition, to: robin.e.kobayashi@lexisnexis.com
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| blogS at the lexisnexis workers' comp law community |
 Workers' Comp Fraud Blotter - Bingo Chairperson Failed To Report Her Employment While Collecting Disability Benefits, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys, by Cassandra Roberts, Esq. Read it.
 MO: Supreme Court to Address "Equal Exposure" Defense, by Martin Klug, Esq. Read it.
 Illinois Workers Comp Reform: Notice of Preferred Medical Provider, by Brad Bleakney, Esq. Read it.
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| state news |
AL: How State's Tough New Immigration Law Impacts Immigrant Workers.
AK: NCCI Says Medical Loss Ratios Show Volatility.
AZ: IC Sets Administrative and Special Fund Assessment Rates for CY 2012.
AR: AG Opinion Warns Against Inquiring Into Residency Status of Workers Comp Applicants.
CA: DWC Posts Timeline for Selecting AME, Requesting PQME.
CA: DWC Posts Adjustment to Medical Fee Schedule.
CA: WCAB Employee Expresses Disappointment With Governor's Proposed Pension Changes.
CA: Contra Costa Spent $4.7M on Premiums for General Liability, Work Comp, Med Malpractice.
CA: Is Reality Star a Network TV Employee for Alleged Employment Violations?
CO: Workers Comp Loss Cost Rates to Increase 3.7 Percent in 2012.
DC: NCCI Says Claim Frequency, Medical and Indemnity Costs Increasing.
FL: Insurance Commissioner Orders Workers Comp Rates to Increase 8.9 Percent in Jan 2012.
FL: DWC Enhances Construction Policy Tracking Database for Exemption, WC Policies.
IL: IWCC Posts Arbitrator Assignments.
IL: Preferred Provider Program Application Posted, DOI Now Accepting Applications.
ME: NCCI Says Medical Costs Increasing, Higher Than Average Perm. Partial Disability Costs.
MD: NCCI Says Medical Benefit Costs Increasing.
MI: House Committee Votes to Approve Workers Comp Changes.
MN: Survey Shows Minnesota Workplace Injury Rate Near All-Time Low.
MO: Accident Fund Reverses Stance, Provides Workers' Comp for Tornado Hero.
NE: Supreme Court Allows Worker Injured in Elevator Shaft Fall to Sue Employer.
NE: WCC Posts Minutes From August Voc Rehab Meeting.
NV: Columnist Questions Whether Corrections Officer's Car Crash Was Off-Duty.
NY: SWCB Posts Update to Physician Authorizations, Reinstatement of Dr. Neulander.
NY: Herkimer County Legislature Offers Settlement in Workers Comp Self-Insurance Lawsuit.
OH: BWC Steps Up Efforts to Reduce Workers Comp Fraud.
OR: WCD Posts Notice of Claim Acceptance for Insurers, Self-Insureds.
OR: WCD Posts Revised Form: Notice to Worker.
PA: FBI Probe of Doctor's Use of Hyperbaric Chambers Revealed in Bankruptcy Documents.
SC: Workers Comp Attorney Admits to Misconduct in Handling of Client Settlement Funds.
SC: NCCI Reports Physicians Dispensing More Expensive Prescription Drugs.
SC: WCC Posts Notice of Mediation Regulation Advisory Committee Meeting. |
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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 24, 2011: Excess Loss Development.
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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