| A Note From The Editor | |
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Dear WC Professionals:
My thanks to all of our contributors for this issue of eNewsletter: Thomas A. Robinson, Jennifer C. Jordan, Karen C. Yotis, and Virginia Hunt.
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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| Workers Comp Management | |
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New 2012 Edition
by Amaxx Risk Solutions, Inc.
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"A roadmap [to] help organizations cut their workers compensation costs by as much as one-half."
-Karen Yotis, Esq.
Vice President, Great Lakes Chapter, Association of Insurance Compliance Professionals |
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top 10 bizarre cases | |
 Top 10 Bizarre Workers' Comp Cases for 2011, by Thomas A. Robinson. Last January, I shared with readers the fact that prior to his death, Arthur Larson and I had an annual ritual in which we'd meet in Arthur's home on Learned Place, near Duke University's campus, and review our respective lists of bizarre workers' compensation cases reported during the previous year. As I mentioned in last year's "bizarre" post, one must always be respectful of the fact that while a case might be bizarre in an academic sense, it was intensely real, affecting real lives and real families. And so, to continue in the spirit of that January ritual, here follows my list (in no particular order) of 10 bizarre workers' compensation cases during 2011. > Read the list
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longshore act & the msp | |
 Court Grants Hearing in LHWCA Settlement When CMS Declined to Review Case Within Its Thresholds, by Jennifer C. Jordan, Esq. Medicare set-asides have become an albatross for all insurers. And despite all their efforts to do exactly what CMS wants in the interest of protecting the Medicare Trust funds, CMS is constantly changing the rules or arbitrarily making random determinations that impact other legal obligations of the parties attempting to protect Medicare. An opinion recently published by the United States District Court for the Western District of Louisiana is a prime example of how CMS' efforts are going too far at the expense of parties and in this instance, the federal court system as well. > Read more
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cost containment: soup to nuts | |
 Cost Containment From Soup to Nuts: Rebecca Shafer's Workers Compensation Management Program: Reduce Costs 20% to 50%, 2012 Edition, by Karen C. Yotis, Esq. When a workers' compensation maven of Rebecca Shafer's caliber shares her expertise about implementing cost containment best practices, industry professionals can't afford to do anything but listen. Likewise, now that Shafer has released the 2012 edition of her guidebook Workers Compensation Management Program: Reduce Costs 20% to 50%, risk managers, adjusters, vendors, attorneys, agents and brokers, carriers, and employers can't afford to do anything but click here to purchase the book, and start reading. > Read more
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| Larson's spotlight on recent cases | |
Exclusive Remedy Rule Bars Student Worker's Tort Action, by Thomas A. Robinson. A tort action filed against a college by a college student who worked part-time at the college book store, and who was on a lunch break at the time of the accidental injury, was barred by the exclusive remedy provisions of the Florida Workers' Compensation Act, held a state appellate court recently....
Other Case Highlights:
- CT: Home Office With State Is Alone Insufficient to Confer Jurisdiction for Out-of-State Injury Where Office Was For Employee's Own Convenience and Not Mandated by Employer
- OH: Commission's Decision Denying Dependency Benefits to Parents, Both Mexican Residents, Was Erroneous Where Reasons for Decision Were Not Adequately Explained
- OR: For Purposes of Three-Year Statute of Limitations Regarding Reinstatement, Issue Is Not Whether Aggravation of Original Injury Starts New Limitations Period, But Whether Aggravation Injury Was Itself a Compensable Injury
> Read the summaries and court decisions. |
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Top 10 Bizarre Cases for 2011
Workers' Comp Fraud Blotter - State Senator's Trucking Company Not Trucking So Much After Court Shuts It Down, by LexisNexis Workers' Compensation Law Community Staff. 
Nevada Workers' Comp Fraud You Don't Hear About, by Virginia Hunt, Esq. 
