National Edition Banner March 2010
Vol 2, Issue 50

Find Solutions & Strategies                      December 12, 2011

Top 10 GoldThe Year in Review: 2011

 

Top 10 Workers' Comp Cases, Top 10 Workers' Comp Fraud News

In This Issue
-TOP 10 WC CASES
-TOP 10 FRAUD NEWS
-LARSON'S SPOTLIGHT: Ex Parte Communication, Subsequent Injury, Utilization Review, Attendant Care
-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud, DE case, MO 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,
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Happy Holidays
Mona Lisa
top 10 workers' comp cases

Larson's Spotlight: Top 10 Cases for 2011 That You Should Know About, by Thomas A. Robinson. It's time to Tom Robinson thumbnaillook back on the past year's top cases to help us identify possible national trends. While many of these cases are state decisions, there are far reaching implications to be found in each of them. Here's our selection for the top 10 workers' comp cases that you should know about:

 

1. KY: Franchisor May, Under Appropriate Circumstances, Be Considered "Contractor" and Liable for Workers' Comp Claims Filed by Employees of Uninsured Franchisees

 

Nothing in Kentucky's "contractor-under" statute [see KRS 342.610(2)(b)] prohibits a franchisor from being considered a general contractor and, therefore, liable for workers compensation liability to the employees of uninsured contractors under it, held the Supreme Court of Kentucky recently.  Reversing a decision by the state's Court of Appeals, which had earlier indicated that because the relevant statute did not mention franchisors they could not be deemed to be contractors, the high court held that under the facts of the case, as correctly found by an administrative law judge, the franchisor was not a contractor.  Quoting Larson's Workers' Compensation Law, � 70.06, the court reasoned that... > Read more

top 10 workers' comp fraud news

Fraud MagnifierWorkers' compensation fraudsters come in all shapes and sizes. Here are 10 news stories from 2011 that caught our eye:

1. Grandpa Used Granddaughter to Sell His Workers' Compensation Drugs

2. Claimant Caught On Video Roofing Before Attending His Workers' Comp Hearing

3. Police Officer Who Shot Himself to Be Fired After Guilty Verdict

4. "Ax Men" Reality Star Pleads Not Guilty to Theft of Disability and Pension Benefits

 

> Read the complete list with details

Larson's spotlight: 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.

  

FEATURED CASE: Put a Lid on It! GA Court Clamps Down on Employer's Ex Parte Communications With Treating Physician

 

Other Case Highlights:   

  • TN: Additional Shoulder Injury Caused by Employee's Dog May Also Be Compensable 
  • PA: Utilization Review Finding That Pain Treatment Was No Longer Reasonable or Necessary Did Not Serve As Bar to Daughter's Death Claim for Accidental Overdose
  • NC: Compensation for Attendant Care by Family Member Must Be Approved Before Liability Will Attach to Employer or Carrier
blogS at the lexisnexis workers' comp law community
Fraud SignWorkers' Comp Fraud Blotter - Business Owner Not So Clean After Arrest For Insurance Fraud, by LexisNexis Workers' Compensation Law Community Staff. Read it.   

 

 

CassandraMona Lisa Smile.......Not In This Delaware Dental Case!!, by Cassandra Roberts, Esq. Read it

 

 

 

Martin KlugMissouri: A "Working" Claimant Is Not a Total (Sometimes), by Martin Klug, Esq. Read it

national news
state news

CA: Governor Appoints Christine Baker Director of Dept of Industrial Relations.

CA: Governor Appoints Ronnie Caplane Chair of Workers Comp Appeals Board.

CA: Employers' Stephen Festa Named Vice Chair of CIGA.

CA: DWC Medical Unit Revised Panel Rules Pending Messele Decision.

CA: Unemployment Insurance Fund Debt Means Higher Federal Taxes for Employers.

CA: State's New Independent Contractor Law Increases Stakes for Employee Misclassification.

CA: Court Says Lawmakers Must Determine Adequacy of Heat Protection Rules.

CA: WCIRB Releases Summary of Insurer Experience Through Sept. 30, 2011.

CA: Officials to Crack Down on Underground Economy.

CA: SCIF Board of Directors 12/14/2011 Meeting Agenda Posted.

CO: DOL, Colorado State Partner to Reduce Employee Misclassification.

FL: CFO Atwater Appoints Law Enforcement Veteran to Lead Division of Insurance Fraud.

FL: Jury Awards 5.7M to Family of Public Works Employee Who Died on the Job.

FL: DWC Rule Effective 11/13/2011 Incorporates Ambulatory Surgical Centers Manual 2011 Ed.

GA: SBWC Posts Information on Election or Rejection of Workers Comp Coverage.

IL: Arbitrator Jerry Jutila Passes Away.

IL: IWCC Issues Guidance on AMA Impairment Ratings, PPD Awards.

IL: IWCC Posts Update on Coverage for Former Arbitrator Tobin's Cases.

IL: IWCC Says Joliet Arbitration Hearing Site to Change.

IL: Temporary Staffing Company Lays Off 500 Employees, Blames High Workers Comp Costs.

IN: WCB Announces Changes to First Report of Injury Filing Requirements.

ME: Maine Workers Comp Rate Drops Again by 3.8 Percent.

ME: New Program Allows Employers to Join Forces to Offer Health Insurance Through Captives.

ME: GOP Lawmakers Seek Major Workers Comp Reforms.

MD: WCC Posts Maximum Rate of Benefits for Calendar Year 2012.

MD: WCC Posts 2012 Conversion/Multiplier for Medical Fee Schedule.

MI: GOP Led Senate Approves Workers Comp Reform Bill.

MI: Attorney Berman Explains 6 Ways That Workers Comp Reforms Impacts Injured Workers.

MN: Judgeship Vacancy Announced on Workers Compensation Court of Appeals.

NE: High Court Ruling Weakens Intentional Misrepresentation Defense for Employers.

NH: State Official Seeks to Investigate LGC's $80M Investment With Third Party.

NJ: Legislature Approves Increase in WC Benefits for Loss of Hand or Foot.

NJ: Governor Christie Nominates Russell P. Cherkos to Workers Compensation Court.

NM: NCCI Reports 7.4% Loss Costs Increase Highest in Western Region of U.S.

NY: SWCB Proceeds to Collect Debt From Businesses in Bankrupted Group Self Insured Trusts.

OH: BWC Receives Auditor of State Award.

OK: GRDA Hires Former Workers Comp Judge, Advisory Council Member as General Counsel.

OR: Physical Therapy Group Bring Federal Class Action Against PPO Discount.

OR: WCD Outlines New Law on Workers' Right to Choose Health Care Provider.

PA: Daughter of Worker Who Died of Opioid Overdose Entitled to Benefits.

TN: Workers Comp Task Force Considering Adding New Categories to Help Businesses.

TX: TWC Posts Informal Draft Rules on Medical Dispute Resolution.

VA: State Corporation Commission Sets Workers Comp Premium Level Adjustments.

WA: Audit Finds L&I Paid Over $3.8M for Medical Exams That Never Took Place.

WA: Statewide Expands Into Washington State With Contractor Insurance Services.

WA: State Map of Methadone Overdoses Shows Cluster in Low Income Areas.

WV: Alpha to Pay Over $200M in Fines, Restitution for Upper Big Branch Mine Disaster.

WV: Law Firm Says Supreme Court Ruling in BrickStreet Case Important to WC Carriers.

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Top 25 Blogs 2011

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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 [email protected].

December 5, 2011: MMSEA Sect. 111 - Identifying Reporting Triggers.

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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