Up in Smoke

How disclosures in medical marijuana cards could help defeat workers' comp claims

"The go-to source for the MSP."

-Rebecca Shafer, J.D., President

Amaxx Risk Solutions, Inc.

Read book review

To sign up for this free, weekly eNewsletter, send your full name and email address, along with your request for the National Edition, to:

robin.e.kobayashi@lexisnexis.com

Up in Smoke: How Employers Are Using Disclosures in Medical Marijuana Cards to Defeat Claims for Workers' Compensation, by Robin E. Kobayashi. Employers are scoring victories by using injured workers' disclosures in their medical marijuana cards to help defeat claims for workers' compensation benefits. For example, in a recent decision issued by the Colorado Industrial Claim Appeals Office, the Appeals Panel found the claimant failed to carry his burden of proof that his back condition arose out of and in the course of employment. > Read more

Dr. Richard Victor on the Workers' Compensation System's Elephant in the Room. In this LexisNexis podcast, Dr. Victor talks about the unprecedented disruption of the U.S. labor market and where workers' compensation systems may be headed. "As of this summer, we are down 6 million jobs. And since the beginning of The Great Recession, we needed to create another 7 million jobs in order to absorb new entrance into the labor market. So we are down 13 million jobs....More and more workers will be unable to go back to their preinjury employment, and they will have more limited opportunities than in the past to find new employment," Victor states.

      > Listen to the Podcast     > Read the Transcript

Self-Insured Gets Hit in Blind Spot With Liability for Uninsured Motorist Benefits, by Thomas A. Robinson. The Court of Appeals of New York recently held that a self-insured employer, whose employee was involved in a work-related automobile accident, may be liable to that employee for uninsured motorist benefits, notwithstanding the exclusivity provision of the Workers' Compensation Law.... 

CMS Announces New "Self-Calculated Final Conditional Payment Amount" Option for Certain Liability Claims, by Mark Popolizio, Esq. The Centers for Medicare and Medicaid Services (CMS) will implement a new Self-Calculated Final Conditional Payment Amount option beginning in February 2012 through which Medicare's "final" conditional payment amount may be obtained prior to certain liability settlements, judgments, awards, or other payments. This option will be limited to liability cases involving physical trauma injuries where treatment has been completed and which otherwise meet CMS' qualifying criteria as listed below. > Read more

AL: GOP Lawmaker Seeks Workers Comp Changes, Courts Could Reject Trial Judge's Rulings.

AK: WCD Posts Maximum Benefit Rate.

CA: Insurance Commissioner Commends SCIF Decision to Return Dividend.

CA: WCIRB Governing Committee Appoints Industry Veteran Bill Mudge President.

CA: WCIRB Says Average Cost of Workers Comp Claim Is $65,000.

CA: DWC Posts 2012 Annual Report of Inventory Advice, Form for Claims Reported CY 2011.

CA: DWC Issues Delay in Updated Prices of Pharmaceutical Fee Schedule Data File.

CA: DWC Announces 2012 Profile Audit Review, Full Compliance Audit Performance Standards.

CA: DWC Posts No Change in Mileage Rate for Medical, Medical-Legal Travel Expenses 2012.

CA: Office of Self-Insurance Plans to Improve Audit Procedures in 2012.

CA: Coalition of Business, Labor Convene to Fight Against Underground Economy.

CA: $51M Judgment Entered Against Select Staffing for Underpayment of WC Premiums.

CA: Class Action Suit Claims Apple Misclassified Employees.

CA: Cal Chamber Publishes List of 2012 Laws That Impact Employers.

CO: Task Force Questions Pinnacol's Proposal for Privatization.

FL: Employers Announces Immediate 5 Percent Workers Comp Discount for Small Businesses.

July 11, 2011: State Workers' Comp Ball of Confusion: AIA's Position on WC Issues.

July 5, 2011: Pulmonary Embolism and the Homebased Worker.