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Dear WC Professionals:
We're ringing in the new year with a new banner for our free eNewsletter. In this week's issue, meet the experts as they take on workers' comp myths.
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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workers' comp myths | |
 10 Myths and Facts About Workers' Compensation, by Kenneth F. Martino, Emily Holbrook, Mark Walls, Robert Wilson, Dr. Marianne Cloeren, Robert G. Rassp, Jennifer C. Jordan, Stuart D. Colburn, Rebecca Shafer, Thomas A. Robinson. The LexisNexis Workers' Compensation Law Community and the award-winning blog Work Comp Roundup have teamed up to present some common myths and facts about workers' compensation. Our contributors represent different segments of the workers' compensation industry. Questions and comments for our contributors are encouraged. Note that myths are listed below in random order and not in order of importance, since the degree of "importance" depends on the reader and his or her stake in the workers' compensation system.
MYTH #1: Large Discount Networks Are the Key to Success in Workers' Compensation Managed Care. "Crisis" was the single word most often associated with workers' compensation back in the early 90's. The unprecedented rise in medical costs sent employers in search of innovative solutions. A few progressive companies looked at the health care model to better control medical costs and began to adapt the concept of networks to Workers' Compensation. Most employers theorized that the more providers you had in your network the better your penetration rate and this would produce a better savings. However, today's reality presents a very different picture. > Read more |
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kids' chance of america | |
 Kids' Chance of America: How You Can Make a Difference, by Peggy Hassler. Kids' Chance of America and two-dozen state Kids' Chance organizationsimprove the lives of children with a parent killed or seriously disabled in an on-the-job injury, by providing scholarships to finish their post-high school education. At year's end we pause to appreciate the volunteers, donors and supporters of Kids' Chance. Across the country thousands of people have given time and money to help finish the education of children with a parent who was victim to a catastrophic work injury. > Read more.
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| Larson's spotlight on recent cases | |
 Oklahoma Key Workers' Comp Reforms Ruled Unconstitutional, by Thomas A. Robinson. In a 6-3 decision, the Supreme Court of Oklahoma, on December 20, 2011, declared unconstitutional two important components of the state legislature's workers' compensation law "reform" package, striking down the statute's provisions limiting "independent medical examiner" status to licensed medical doctors and licensed doctors of osteopathy-thereby disqualifying chiropractors, dentists, podiatrists, optometrists and others medical professionals outside those ranks. The majority of the court also declared invalid the portions of the law that changed the standard of review in determining whether the Workers' Compensation Court was required to follow the opinion of the IME. The statute's provisions that elevated the standard from a "preponderance of the evidence" to the standard of "clear and convincing evidence" were struck by the court...
Other Case Highlights:
- KY: Exercise Rider is Independent Contractor In Spite of His Work Being Part of Purported Employer's Regular Business
- MO: Deer Hunting Excursion Was Substantial Deviation From Business-Related Trip; No Compensation Awarded for Injuries
- NC: Worker's Methadone-Related Death Found Compensable
> Read the summaries and court decisions. |
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| blogS at the lexisnexis workers' comp law community |
 Workers' Comp Fraud Blotter - What Happens In Vegas Stays In Vegas, Including Jail Time For Insurance Fraud, by LexisNexis Workers' Compensation Law Community Staff. Read it.
Workers' Comp Fraud Blotter - Naval Officer Ran New York City Marathon, Stole From September 11th Victim Compensation Fund, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 The Christmas Post -- and an Empty Stocking on a Claim for Psychiatric Impairment, by Cassandra Roberts, Esq. Read it.
Parks and Recreation: Delaware's Watson Standard Is No Slam-Dunk! by Cassandra Roberts, Esq. Read it.
 Missouri: Reaction to Flu Vaccine Is a "Comp" Injury, by Martin Klug, Esq. Read it.
Missouri: Commission Expands Claims Against Fund, by Martin Klug, Esq. Read it.
Missouri: No Disability for Hunting Trip Accident, by Martin Klug, Esq. Read it.
 Texas: Performance Based Oversight (12/23/11 Update), by Stuart D. Colburn, Esq. Read it.
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| state news | |
AL: Work Loss Data Institute Gives "A" Grade to Alabama, Notes Improvement.
AK: Work Loss Data Institute Gives "D" Grade to Alaska.
AR: Work Loss Data Institute Gives "A+" Grade to Arkansas, Notes Improvement.
CA: Work Loss Data Institute Gives "D" Grade to California.
CA: 2nd DCA Affirms Claims Adjuster Class Action Settlement With AIG.
CA: Supreme Court Reverses, Remands Adjuster Overtime Exemption Case to Court of Appeal.
CA: DWC Posts OMFS Adjustments to Conform to Changes in Medicare Payment System.
CA: SCIF to Lay Off 15 Percent of Redding Office by April.
CA: Insurance Commissioner Joins Dept of Industrial Relations to Fight Underground Economy.
CA: Cal Chamber Announces New Policy Advocate for Workers Comp.
CT: Work Loss Data Institute Gives "D" Grade to Connecticut.
DE: Work Loss Data Institute Gives "D" Grade to Delaware.
FL: DWC Posts New Maximum Workers Comp Rate Eff. Jan 1.
FL: Workers Comp Writer Southern Eagle Placed Into Liquidation.
FL: DWC Proposes Rule Clarification on Affiliated Self Insurers.
GA: Work Loss Data Institute Gives "A" Grade to Georgia.
HI: Work Loss Data Institute Gives Failing Grade to Hawaii.
ID: Workers Comp Rate Increase of 2.9 Percent for 2012.
IL: Governor Creates Panel to Review State's Pension System.
IL: IWCC Posts 2012 Fee Schedule Online.
IL: Work Loss Data Institute Gives "D" Grade to Illinois.
IN: Second Injury Fund Reports $180K Surplus From 2011 Assessment.
KS: Insurance Commissioner Rebuffs NCCI's Proposed Workers Comp Rate Hike.
KY: Work Loss Data Institute Gives Failing Grade to Kentucky.
KY: High Court Finds Constitutional Violations for Sick Coal Miner Benefits.
LA: WCRI Says Workers Comp Costs Grew at Double-Digit Rates.
LA: LWC Announces Midyear Budget Reductions for 2011-2012.
LA: LWC Posts Unemployment Insurance Claims Report.
LA: LWC Says Unemployment Falls to Lowest Number Since 2009.
ME: WCB Posts New Schedule for Hospital Fees.
ME: MEMIC Acquisition Helps Expansion into Vermont.
ME: Anne-Marie L. Storey Named President of Maine State Bar Association.
MD: WCC Welcomes New Commissioner, Delia Turano Schadt.
MI: Governor Signs Workers Comp Law Changes.
MI: Work Loss Data Institute Gives "B" Grade to Michigan, Notes Improvement.
MI: Chamber of Commerce Praises Governor, Lawmakers for Workers Comp Reform.
MI: WCA Posts 2012 Maximum Weekly Benefit.
MN: Work Loss Data Institute Gives "A+" Grade to Minnesota.
MN: Commissioner Appoints Greggerson to MN Workers Comp Insurance Association.
MO: Senate President Plans to Move Quickly on Workers' Comp Bills.
MO: Missouri Employers Mutual Names Jim Owen CEO and President.
MO: Work Loss Data Institute Gives "A" Grade to Missouri, Notes Improvement.
NE: WCC Posts 2010 Occupational Injury, Illness and Fatal Injury Surveys.
NJ: Workers Comp Rates Increase for Employers.
NM: WCA Seeks Comments for Reappointment of Judge Terry Kramer.
NM: Work Loss Data Institute Gives "D" Grade to New Mexico.
NY: Work Loss Data Institute Gives Failing Grade to New York for 10th Consecutive Year.
NY: NYSIF CIO Linda Zafonte Named to Computerworld's Premier IT Leaders.
NY: Injured Worker Advocates WCA Post 2012 Legislative Agenda.
NY: Small Business NFIB, NY Div. Calls for Workers' Comp Reform Legislation.
NY: 9/11 Victims Face Tough Decision Between Lawsuits or Victim's Fund.
NC: Industrial Commission Says Electronic Document, Fee Portal to Become Mandatory.
OH: BWC to Offer Grants in 2012 to Businesses for Controlling WC Costs.
OH: BWC to Focus on Return to Work Rates in 2012.
OK: WCC Says No Change in Medical Mileage Reimbursement for 2012.
OK: Supreme Court Strikes Down Parts of Workers Comp Reform.
OK: Lawyers Expect Legislature to Revisit Workers Comp in 2012.
OK: Work Loss Data Institute Gives "D" Grade to Oklahoma.
OR: WCD Posts Proposed Medical Fee Schedule, Managed Care Rules.
PA: Court Awards Workers Comp Benefits to Smoker Who Suffered Heart Attack.
PA: DLI Posts 2012 Maximum Benefit Rate.
SC: Governor Appoints Gene McCaskill to Workers Compensation Commission.
SC: Governor Gives Reasons for McCaskill Appointment.
SC: Insurance Director David Black Resigns After 11 Months on Job.
SD: DLR Explains Workers Comp Fee Schedule Changes.
TN: Drug Testing for Workers Comp Debate Raises Cost Issues.
TX: DWC Proposes Changes to Preauthorization, Utilization Review, Certification.
TX: DWC Proposes Rule on Designated Doctor's Qualification Criteria.
TX: DWC Adopts Rules for Resolving Underpayments, Overpayments of Income Benefits.
TX: WCRI Says Average Cost of Workers Comp Claims Increased 5 Percent.
TX: Texas Mutual Announces Dividends for Four Workers Comp Safety Groups.
TX: Work Loss Data Institute Says Texas "Most Improved" State.
UT: Work Loss Data Institute Gives "A+" Grade to Utah for Best Performance of All States.
WA: L&I Adopts Rules Effective 1/1/12 for Cab Driver Coverage.
WA: L&I Proposes Rules for Stay-at-Work Program.
WA: Work Loss Data Institute Gives "D" Grade to Washington State.
WV: Work Loss Data Institute Gives Failing Grade to West Virginia.
WV: $5M Fund for Volunteer Fire Depts Paid Out Nearly $1M, According to Audit.
WY: Work Loss Data Institute Gives Failing Grade to Wyoming. |
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10 Myths and Facts About Workers' Comp
