National Banner 2012 Chess Board
Vol. 3, Issue 3

Find Solutions & Strategies                          January 17, 2012

Offshore DrillThe Outer Continental Shelf Lands Act

 

U.S. Supreme Court issues unanimous decision favoring offshore oil workers

In This Issue
-SUPREME COURT: OCSLA
-WILG on EMPLOYER FRAUD
-TOP 10 EMPLOYER FRAUD
-LARSON'S SPOTLIGHT: Presumption of Compensability, Social Security Offset, Exclusive Remedy and Co-Employee Immunity, Retaliatory Discharge
-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud, DE cases, VT cases
-NATIONAL NEWS
-STATE NEWS
A Note From The Editor
Robin Kobayashi 2010

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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robin.e.kobayashi@lexisnexis.com

outer continental shelf

LawBookGavelTESTU.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.

employer & insurer fraud

Jennifer Comer WILGWILG 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

top 10 list of employer fraud

Fraud MagnifierLeonard 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

Larson's spotlight on recent cases

Tom Robinson thumbnail

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.

blogS at the lexisnexis workers' comp law community
Fraud SignWorkers' Comp Fraud Blotter - Former Texas Pain Management Physician and Psychiatrist Sentenced To Federal Prison, by LexisNexis Workers' Compensation Law Community Staff. Read it
 
 
CassandraLet Me Count the Ways...That Delaware's Watson Case Doesn't Apply, by Cassandra Roberts, Esq. Read it.
 
 
 
CassandraA Spin on Mexican Take-Out: Delaware Superior Court Strikes 45-Day Utilization Review Appeal Period as Invalid, by Cassandra Roberts, Esq. Read it.
 
 
Keith KasperVermont Workers' Compensation Update: October to December 2011, by Keith Kasper, Esq. Read it.

  

 

national news
state news

AL: Man Charged for Murder of Workers Comp Lawyer.

AK: Governor Appoints New Attorney General.

AR: Court Denies Workers Comp, Cites Marijuana Use by Worker Injured in Blast.

CA: SCIF Layoff "Transition" Severance Package Accepted by 1,000 Workers.

CA: SCIF to Lay Off 256 Employees in Pleasanton Office.

CA: DWC Responds to Inquiries Regarding Discounted Payments for Pharmacy Benefits.

CA: DWC Says Standardized Medical Billing Form Rules Not Applicable to Medical-Legal Bills.

CA: DIR Posts Templates for Wage Theft Protection Act Employee Notices.

CO: Pinnacol CEO Says Premium Rates to Rise Regardless of Privatization.

CO: Pinnacol Board Member John Cevette Resigns.

CO: Governor Announces Three Appointments to Pinnacol Board.

CO: WCD to Consider Changes to Pain Management Guidelines.

FL: GOP Lawmakers Seek to Replace Current Medical Malpractice Litigation System.

FL: DWC Posts Penalty Rule Changes for Self-Insurers.

FL: DWC Posts Loss Data Rule Changes for Self-Insurers.

IL: Governor Appoints Robert Wagner Acting Director of Insurance Dept.

IL: IWCC Announces Appointment of Mary Wells as New CFO.

IL: IWCC Posts Arbitration Coverage Updates.

IA: WC Commissioner Sues Governor for Sexual Discrimination, Illegally Reducing His Salary.

IA: Attorney for Governor in WC Commissioner Lawsuit Requests $325.00/Hr.

ME: Labor Groups Oppose Proposed Workers Comp Bill.

MI: WCA Posts Alternative Dispute Resolution Policy.

MI: WCA Posts Latest Version of Benefits Calculation Program.

MO: Senator Pushes for Private Status of Missouri Employers Mutual.

NE: Bill Would Deny Comp for Employees Who Made Misrepresentations on Job Application.

NE: Senate Committee Poised to Fast Track Workers Comp Reform Bill.

NE: Senator Focuses on Bill to Change Burial Costs for Workers Comp Death Benefits.

NH: Senate Panel Approves Employer-Backed Bill on Independent Contractors.

NH: High Court Ruling Raises Concerns for Employers, Second Injury Fund.

NH: LGC Denies Alleged Improper Use of Workers Comp Program Funds.

NH: LGC Issues Response to Charges of Abuse of Power.

NJ: Governor Vetoes Back to Work Bill.

NY: NYCIRB Revises Procedure for Electronic Transmission of USL&H Data Reporting.

NY: Court Allows Benefits to Worker Injured on Short Break.

OK: Governor, AG File Petition for Rehearing in Case Striking Down WC Reforms.

OK: State Chamber Supports AG's Petition for Rehearing in Case Striking Down WC Reforms.

OK: Chamber's 2012 Legislative Agenda Seeks to Address Rising Cost of Workers Comp.

SC: Proposed Cuts to Retirement System Includes Eliminating Some Workers Comp Time.

SC: Workers Comp Advisory Committee Posts Feb 10 Meeting Agenda.

SC: WCC Commissioner Preferences Updated and Posted.

TX: DWC Finalizes Medical Quality Review CY 2012 Annual Audit Plan.

TX: Texas Mutual Announces $1.4M Dividend to TRA Safety Group.

VA: High Court Rules Against Worker Suing Uninsured Employer.

WA: L&I Publishes Final Rules for Statewide Provider Network.

WA: L&I Announces Implementation of Stay at Work Program.

WA: L&I Announces Adoption of Hazardous Drugs Rule.

WV: State Used Advisory Group to Figure Out Financing of Workers Comp Unfunded Liabilities.

WV: Supreme Court Justice Sees No Need for New Intermediate Appellate Court.

WY: State Releases Report on Occupational Fatalities, Causes.

WY: State Occupational Safety Report Blames Safety Lapses for Workplace Deaths.

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ENEWSLETTER ARCHIVES

Take a deep dive into our past eNewsletters for 2012 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

 

January 9, 2012: Top 10 Bizarre Cases for 2011.

January 2, 2012: 10 Myths and Facts About Workers' Compensation.

December 19, 2011: Medical Marijuana and Workers' Compensation.

December 12, 2011: Top 10 Workers Comp Cases for 2011; Top 10 Fraud Stories.

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.

ACCESS 2010-2011 ARCHIVES AND ARTICLES LIST HERE.

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