National Edition Banner March 2010
Vol 2, Issue 49

Find Solutions & Strategies                      December 5, 2011

Dollar Button SizedMMSEA Section 111 Reporting

 

Identifying reporting triggers - 2011 changes

In This Issue
-MMSEA SECT. 111 REPORTING TRIGGERS
-FECA REFORM
-WC CENTENNIAL
-LARSON'S SPOTLIGHT: Franchisor as Contractor, Average Weekly Wage, Death Benefits, Assault, Insurance Coverage
-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud, DE case, NV case
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From The Editor
Robin Kobayashi 2010

Dear WC Professionals: 

 

To receive this free eNewsletter, send me your full name and email address, along with your request for the National Edition.  

 

Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
The Bible of MSP Law
1575 2011 cover

New 2011 Edition

Order Today!

 

"Jordan's terse commentary on developing case law on MSP, along with complete coverage and analysis of all things MSP - from reporting to set-asides to liability claims, and everything in between - has made this guide book the go-to source for the MSP. Every lawyer should have this resource within arm's reach because the 'Practice Pointers' are invaluable."

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Amaxx Risk Solutions, Inc.

Read book review here

Happy Holidays From LexisNexis
Snowman Dog
mmsea reporting triggers

Jen Jordan March 2010 thumbnailMedicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 Reporting: Identifying Reporting Triggers - 2011 Updates, by Jennifer C. Jordan, Esq. It is important to be familiar with the criteria for reporting to avoid being late in adhering to the MMSEA Section 111 requirements. The determination of whether to submit a claim is dictated by two criteria, both of which must be met to require reporting: 1) The claimant is Medicare-entitled; and 2) The per claim dollar payment thresholds have been met.This article will focus on per claim dollar payment thresholds. > Read more.

feca reform update

Postal ServiceHouse Approves Bipartisan Legislation to Reform Federal Workers' Compensation Program. On Nov. 29, 2011, the U.S. House of Representatives approved the Federal Workers' Compensation Modernization and Improvement Act (H.R. 2465). The reform of FECA has been long overdue. > Read more.

100 years of progress

Stahl, JohnDr. Peter Barth on 100 Years of Workers' Compensation: Progress and Unmet Goals Mark Centennial, by John Stahl, Esq. The Workers' Compensation Research Institute kicked off its November 16-17, 2011 Annual Conference with reviewing the first 100 years of workers' compensation. Workers' Compensation guru Dr. Peter Barth provided a Centennial 60 Minutes. Barth's presentation had a "Back to the Future" feel and was as entertaining as that film trilogy. He discussed the impetuses for workers' compensation and important developments during its early years, the state of workers' compensation at roughly its 50-year mark, and the current environment that included thoughts regarding the road ahead. > 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. KY: Franchisor May, Under Appropriate Circumstances, Be Considered "Contractor" and Liable for Workers' Comp Claims Filed by Employees of Uninsured Franchisees

 

2. NY: Wages From Concurrent Employment Were Required to be Added When Computing Worker's Average Weekly Wage

 

3. OH: Where Worker Had No Dependents, Estate Could Recover Death Benefits, But Not For Schedule Loss of Use Award for Quadriplegia Where Death Occurred Approximately One Minute After Worker Crushed By Heavy Steel Beam

 

4. NY: Employee Assaulted by Company CFO at Office Party May Not Recover Tort Damages From Employer

 

5. WV: BrickStreet Mutual Not Required to Make Express, Commercially Reasonable Offer of Coverage for Deliberate Intent Actions; Merely Required to Make Coverage Available if Requested 

blogS at the lexisnexis workers' comp law community
Fraud SignWorkers' Comp Fraud Blotter - Real Housewives of Orange County Wannabe Pleads Guilty To Insurance Fraud Scam, by LexisNexis Workers' Compensation Law Community Staff. Read it.   

 

 

CassandraComfort and Joy: Glad Tidings from Delaware Appeals Court on Contractor Issue, by Cassandra Roberts, Esq. Read it.

 

 

 

VirginiaHuntNevada: Terrible New Decision for Injured Workers on PPD Ratings, by Virginia L. Hunt, Esq. Read it.

 

 

national news
state news

AK: WCB Proposes Changes for Hearing Procedures, Payment of Medical Bills.

CA: Standard & Poor Rates First Catastrophe Bond Covering SCIF.

CA: State Ranks 46th in Terms of Business-Friendliness.

CA: DWC Posts Updated JET File FAQs.

CA: DWC Opens JET File to More Users.

CA: DIR Reduces Workers Comp Policy Assessment Rates $113.3M for FY 2011-12.

FL: State Risk Management Seeks to Lower Workers Comp Costs.

GA: Columnist Suggests Tackling Tort Reform With Ideas From Workers Comp System.

HI: Mary Silva Honored by ASSE for Professionalism in Safety.

IL: Corti Aleksy Firm Ranked Tier 1 by Best Lawyers, US News & World Report.

IL: AG Official Says Arbitrators Ignored Medical Experts in Menard Prison WC Claims.

IL: State Institutions Cluster in South Illinois Responsible for Majority of WC Claims.

MD: IWIF Promotes Derek Meeks to VP Information Systems.

MD: Labor Dept Meets With Business, Labor on Worker Classifications, Workplace Fraud Act.

MA: High Court Affirms Indefinite Suspension of Workers Comp Attorney Paul A Gargano.

MI: Senate Hearing on Workers Comp Bill Flies Under Radar.

MN: WCD's Rehabilitation Review Panel Seeks Two Regular Members.

MT: State Fund to Issue $6M Dividend to Policyholders.

NJ: Chief Judge Issues Memo on Reasonable Counsel Fees.

NJ: Chief Judge Issues Memo on Workers Comp Discovery Process.

OK: WCC to Hold Two Public Hearings on Medical, Hospital Fee Schedule Changes.

OK: Business Group Pushes for Nonsubscriber/Opt Out System for Workers Comp.

OR: WCD Publishes Final Rules on Medical Fee Payments, Services, Claim Closure.

TN: GOP Lawmakers Seek to Modify Workers Comp to Make State More Competitive.

TN: Former Titans Football Player Sues Team for Workers Comp Benefits.

WA: No Workers Comp Rate Increase in 2012.

WA: Study Shows Improving Medical Care Can Dramatically Reduce Lost Work Time.

WA: Governor Claims Workers Comp Reform Bill Helped Keep 2012 Rate Flat.

Ebook Ereader Device
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WC Centennial Blue
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Top 25 Blogs 2011

View the honorees.

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 28, 2011: Prescription Drug Abuse in America (Part Three): Strategies.

November 21, 2011: Prescription Drug Abuse in America (Part Two): The "P" Stakeholders.

November 14, 2011: Prescription Drug Abuse in America (Part One): The Problem.

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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