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Find Solutions & Strategies January 17, 2012 |
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The Outer Continental Shelf Lands Act
U.S. Supreme Court issues unanimous decision favoring offshore oil workers | |
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A Note From The Editor |
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Dear WC Professionals:
Last month we posted our selections for the top 10 news stories, as reported in the media, related to wc fraud. In today's issue of the enewsletter, we present another viewpoint by injured worker advocates, WILG and Leonard T. Jernigan.
Sincerely, Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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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 |
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outer continental shelf |
U.S. Supreme Court Issues Unanimous Decision Regarding the Outer Continental Shelf Lands Act (OCSLA). The Law Offices of Charles D. Naylor is proud to announce that the United States Supreme Court issued a unanimous decision (U.S. Supreme Court, No. 10-507, Pacific Operators Offshore L.L.P. v. Valladolid) providing for fair workers compensation benefits to offshore oil workers, regardless of where the accident causing their injury or death occurs. The Law Offices of Charles D. Naylor, a Los Angeles-based maritime personal injury firm (http://www.NaylorLaw.com), represents Luisa Valladolid and brought the case to the Supreme Court along with esteemed co-counsel. Oral arguments were presented to the justices in October 2011. > Read more.
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employer & insurer fraud |
WILG Report on Employer & Insurer Fraud: Boosting Bottom Line Profits at the Expense of Workers and Society, posted by Jennifer Comer, Executive Director, WILG. The vilification of injured workers was big business' modus operandi during the 2011 legislative session. Stories were placed in newspapers about employees gaming the workers' compensation system and inaccurate, and unverified statistics on employee fraud were spoon fed to state legislators and the media. These aggressive efforts were orchestrated by big business in an attempt to shape public opinion for raising insurance rates and enacting restrictive legislative measures that would limit the rights of injured workers. > Read more
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top 10 list of employer fraud |
Leonard T. Jernigan recently wrote on his blog, North Carolina Workers' Compensation Journal, that "When we hear about workplace fraud, most of us think of a worker faking an injury to receive benefits that he or she does not deserve. While that kind of fraud does exist, it is minor compared to the big money lost to fraud from companies." Jernigan presents his top 10 list of employer fraud cases of 2011, which "represents just a small portion of the company fraud cases in the news this year". > Read the list
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Larson's spotlight on recent cases |
Presumption of Compensability for Court Reporter's On-the-Job Aneurysm, by Thomas A. Robinson. Under N.Y. Workers' Comp. Law § 21(1), a presumption of compensability exists where an unwitnessed or unexplained injury occurs during the course of the affected worker's employment. Claimant, a court reporter, was found unconscious at her workplace and rushed to a local hospital, where she was diagnosed with a subarachnoid hemorrhage caused by a ruptured basilar artery aneurysm....
Other Case Highlights:
- PA: Provision Reducing Workers' Comp Benefits by Portion of "Old Age" Social Security Retirement Benefits Is Constitutional
- VI: Co-Employees Do Not Enjoy Immunity From Suit for Work-Related Injuries
- AL: Discharge Was Not Retaliatory When Employee Violated Attendance Rules
> Read the summaries and court decisions. |
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blogS at the lexisnexis workers' comp law community |
Workers' Comp Fraud Blotter - Former Texas Pain Management Physician and Psychiatrist Sentenced To Federal Prison, by LexisNexis Workers' Compensation Law Community Staff. Read it.
Let Me Count the Ways...That Delaware's Watson Case Doesn't Apply, by Cassandra Roberts, Esq. Read it.
A Spin on Mexican Take-Out: Delaware Superior Court Strikes 45-Day Utilization Review Appeal Period as Invalid, by Cassandra Roberts, Esq. Read it.
Vermont Workers' Compensation Update: October to December 2011, by Keith Kasper, Esq. Read it.
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