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Find Solutions & Strategies November 14, 2011 |
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 Prescription Drug Abuse in America
7 million Americans abuse prescription drugs, 2 Americans die every hour | |
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| A Note From The Editor | |
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Dear WC Professionals:
Thanks to Stuart Colburn, Esq. for sharing his presentation on Prescription Drug Abuse, and to John Kawczynski, Esq. for his article on Longshore Average Weekly Wage. Congratulations to Dr. Brian Caveney for his latest edition of Occupational Injuries and Illnesses, which shipped to customers this month.
To subscribe to this free eNewsletter, send me your full name & email address.
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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| A Note From The Editor | |
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New 2011 Edition
Brian J. Caveney, MD, JD, MPH
Three Volumes of Medico-Legal Information & Case Annotations
New updates on Risk Management, Low Back Injuries, Spinal Cord & Nerve Root Injuries, Heart Disease, HIV/AIDS
> Order Today. |
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prescription drug abuse | |
 Prescription Drug Abuse in America (Part One): The Problem, by Stuart Colburn, Esq. We are killing our children. We are killing their parents, too. When we are not successful killing them, we destroy their lives and the lives of their families. And for the most part, it is legal. Hyperbole aside, no one intends such damages on our citizens. America's prescription drug abuse (PDA) problem is not nearly as well known as our War on Drugs. No war has been declared and yet American lives are being lost. The statistics are well known. American citizens make up 4% of the world's population. Yet, we consume 80% of the opiates, 71% of the oxycodone, 99% of the hydrocodone, and 66% of the illegal drugs in the world. > Learn more.
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| supremes to review aww issue |
 U.S. Supreme Court to Review Longshore Average Weekly Wage Issue, by John E. Kawczynski, Esq. The Supreme Court has granted certiorari in the case of Dana Roberts v. Director, OWCP (Sea-Land Services, Inc.), 625 F.3d 1204, 44 BRBS 73(CRT) (9th Cir. 2010). This case will resolve a split in the circuits regarding the interpretation of Section 6(c), 33 U.S.C.S. § 906(c). This section determines which fiscal year's maximum and minimum compensation rates apply and is a companion to Section 6(b)(1)-(3), which sets forth the method of calculating the maximum and minimum compensation rates. See 33 U.S.C.S. § 906(b)(1)-(3). > Read more. |
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| work comp & occupational health |
 Another Busy Year for Workers' Compensation and Occupational Health, by Brian J. Caveney, MD, JD, MPH
This was another busy year for workers' compensation and occupational health. In light of the passage of the Patient Protection and Affordable Care Act (PPACA) of 2010, many were trying to predict its impact on access to care, coordination of benefits, and relative usage of workers' compensation. Much remains to be seen, as its provisions are implemented, what the intended and unintended consequences will be, as access to health insurance coverage is potentially expanded under the new law.> Read more. |
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| the overtreated society |
 Workers' Compensation in a Medically Overtreated Society, by Robin E. Kobayashi, JD. Workers' compensation is no stranger to controversy. In 2009 the well-respected physician Nortin M. Hadler, MD, attacked workers' compensation as an "evil, wrong-minded, illness-inducing maze that masquerades as social insurance". You can read all about it in his book Stabbed in the Back: Confronting Back Pain in an Overtreated Society (see Judge Torrey's book review). In his latest book, Rethinking Aging: Growing Old and Living Well in an Overtreated Society, published Sept. 2011, Dr. Hadler continues his no-holds-barred approach... > 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. IL: Overtime and Production Bonuses Were Appropriately Included For Purposes Of Computing Injured Worker's Average Weekly Wage
2. LA: Complaints of Pain Were Alone Insufficient to Support Award for PTD
3. NY: New York City Auditor Was Not Engaged in "Recovery" Activities Following 9/11 Attacks
4. OH: Trench Box Was Not an "Equipment Safety Guard;" Worker's "Substantially Certain" Tort Claim Fails
5. IA: Bad Faith Civil Action Against Carrier May Move Forward While Comp Case is Still Being Litigated |
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| blogS at the lexisnexis workers' comp law community |
 Workers' Comp Fraud Blotter - Temporary Employment Business Avoided Millions in Taxes and Premiums By Paying Employees Cash Under-the-Table, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 We're Off to See the Wizard: Delaware Detour & Frolic a 2011 LexisNexis "Top 25 Blog" for Comp Issues, by Cassandra Roberts, Esq. Read it.
The Shalkshank Redemption: AMA Guide 6th Edition Reigns Supreme in the First State, by Cassandra Roberts, Esq. Read it.
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| state news |
AR: Court Rules CNA Must Pay $4M in Hospital Bills Under Workers Comp Fee Schedule.
CA: SCIF Announces Jan 2012 Rate Filings, Incentives for Calif Farm Bureau.
CA: Insurance Commissioner Issues Statement on SCIF Rate Filing.
CA: DWC to Host Electronic Filing Expo in Oakland Dec. 1.
CA: Jopari to Testify Before NCVHS Committee on HIPAA Rules for P&C Payers.
CA: DWC Seeks to Fill 16 Vacant WCJ Positions.
CA: Supreme Court Narrows Collateral Source Rule.
CA: DWC Opens Registration for 19th Annual Educational Conference.
CO: Governor Names Task Force to Review Restructuring Proposal for Pinnacol.
CO: Colorado Governor Names AIA Counsel to Pinnacol Review Task Force.
CO: Two Pinnacol Execs Asked to Waive Severance Payout if Company Privatized.
CO: Burg Simpson Hires New Attorneys to Lead Workers Comp, SSD Practice.
CO: NCCI Reports Escalating Medical Severity.
DE: OWC Plans to Revise Forms Once New IAB Rules Effective 12/12/2011.
GA: NCCI Reports Medical Benefits Make Up Majority of Total Benefit Costs.
IL: Governor Appoints Nancy Lindsay, Arbitrator, and Ruth White, Commissioner.
IL: IWCC Explains Arbitrator Reassignments.
IN: Medical Prices and Growth in Indiana Workers Comp System Among Highest in WCRI Medical Price Index.
IA: Court Allows Injured Worker's Bad Faith Lawsuit While Workers Comp Claim Pending.
KS: NCCI Reports Increase in Claim Frequency, Deteriorating Combined Ratios.
MD: Employers Critical of State's New Workplace Fraud Law.
MS: NCCI Reports Increase in Claim Frequency, Deteriorating Combined Ratios.
MO: Injured Home Health Aide Workers Settles Premises Liability Suit Against Grocery Store.
MO: Family of Police Officer Killed During Training Exercise Settles Case Against City.
NV: Virginia Hunt Law Blog Honored by LexisNexis Top 25 Blogs for 2011.
NJ: Prime Insurance Agency Launches Zenith Workers Comp Program.
NY: NYS AFL-CIO President Hughes to Retire Next Month.
NY: Stakeholders Criticize 2007 Workers Comp Reforms.
NY: SWCB Posts 2012 Hearing Schedule.
NC: Dept of Labor Reports Workplace Injury, Illness Rates Remained at Historic Low in 2010.
OH: Injured Workers Sue BWC Over Lump Sum Settlements.
OH: Employers Sue BWC Over Group Discounts.
OK: Tulsa's Workers Comp Expenses Reached $8.84M in 2011.
OR: WCD Posts 2012 Workers Comp Premium Assessment Rate.
SC: Lawmakers OK Funding for Workers Comp Commission.
TX: TDI-DWC Posts Informal Rules for Notice, Reporting Requirements.
TX: Texas Mutual Wraps Up $155M Dividend Distribution.
TX: NCCI Reports Decline in Indemnity Severity Due to 2001, 2005 Reforms.
UT: Kathryn Clark Promoted to VP Safety and Health, Workers Compensation Fund.
VA: Medical Prices in Virginia Workers Comp System Continued Rapid Growth in WCRI Medical Price Index.
WA: Attorney General Seeks to Privatize State Workers Comp System.
WA: L&I Proposes Standards for Medical Providers Who Treat Injured Workers.
WI: Wisconsin Workers Comp System Had Highest Prices, Fastest Growth in WCRI Medical Price Index.
WY: Supreme Court Denies Workers' Comp Benefits to Head-Butted Prisoner. |
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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. November 7, 2011: Medical Costs Trends: Claim Size Matters.
October 31, 2011: Supremes Consider Outer Continental Shelf Lands Act.
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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