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Vol. 3, Issue 5

Find Solutions & Strategies                          January 30, 2012

WC Reforms Ahead signThe Impact of Workers' Comp Reforms

 

New reports serve as a barometer on the New York and California experience

In This Issue
-NEW YORK POST 2007
-CALIFORNIA POST 2004
-LARSON'S SPOTLIGHT: Odd-Lot, Statute of Limitations, Agricultural Employer, Hazard of Employment
-BLOGS: Workers' Comp Fraud, AMA Guides & Central Nervous System
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From The Editor
Robin Kobayashi 2010

Dear WC Professionals: 

 

Have the workers' comp reforms in your state been successful? 

 

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Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
New York Workers' Comp
1230 2011 Edition

By

Ronald E. Weiss

Ronald Balter 

 

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new york post-2007 reforms

Tom Robinson thumbnailWCRI Releases Annual Study Highlighting Impact of the 2007 Workers' Compensation Reforms in New York, by Thomas A. Robinson. In December 2011, the Workers' Compensation Research Institute [Cambridge, MA] ("WCRI") published its fourth annual report evaluating the effects of the so-called workers' compensation "reforms" passed unanimously by the New York Assembly and Senate in March 2007, and signed into law by then Governor Spitzer. The 88-page report, by Carol A. Telles and Ramona P. Tanabe, entitled "Early Impacts of the 2007 Reforms in New York," is a continuation of WCRI's effort to assess whether the goals of the New York legislation have been accomplished and whether any unintended consequences have also resulted from the regulatory changes. > Read more

california post-2004 reforms

Julius Young thumbnailBy the Numbers, by Julius Young, Esq. What was the impact of the adoption of an AMA-based permanent disability rating schedule in California? That was the question addressed in a significant new study by Frank Neuhauser, Executive Director of the UC Berkeley based Center for the Study of Social Insurance. My last post briefly covered a presentation Neuhauser gave to last week's meeting of the California Commission on Health, Safety and Workers' Compensation. Neuhauser's study compared permanent disability claims evaluated by the DEU for the years 2003 and 2004 with claims during the 1/1/2010 to 6/30/2011 period. The study notes that "By using claims from the most recent data period available (1/1/2010-6/30/2011) we are evaluating the PDRS-05 schedule after the parties have adjusted to the new schedule and include the impact of the Almaraz/Guzman/Ogilvie case law as interpreted during the period." But let's look at some of the key findings and "do the numbers". > Read more

Larson's spotlight on recent cases

Tom Robinson thumbnail

Claimant Not Entitled to Permanent Total Disability Under Odd-Lot Rule, by Thomas A. Robinson. An injured employee may generally establish entitlement to PTD benefits in one of three ways, namely: by a preponderance of medical evidence; by showing a diligent but unsuccessful job search; or by demonstrating that, because of age, training, education, experience, and condition, there are no available jobs for a person in his circumstance. This third mechanism is generally called the "odd-lot" rule. In a recent appellate decision from Illinois...

 

Other Case Highlights:   

  • CT: Specific Use of Term, "Hypertension," Not Required to Put Claimant on Notice That Statute of Limitations Had Begun to Run on Claim
  • UT: Recreational Hunting Operations Were Not "Agricultural," Employer Required to Provide Comp Coverage
  • VA: Raised Chair, With No "Safety" Bar, Was Hazard of Employment and Correctional Officer's Injury Arose Out of and In Course of Employment

> Read the summaries and court decisions.

blogS at the lexisnexis workers' comp law community
Fraud SignWorkers' Comp Fraud Blotter - Workers' Compensation Claimant Guilty of Mining for Gold in California,  by LexisNexis Workers' Compensation Law Community Staff. Read it
 
 
Robert Rassp graySomething for Everyone: The AMA Guides and the Central Nervous System, by Robert G. Rassp, Esq. Read it.
national news
state news

AZ: ICA Corrects Physician, Pharmaceutical Fee Schedule.

CA: WCRI Says Faster Growth in Indemnity Costs Per Claim May Reflect Impact of Recession.

CA: SCIF Pays Out $30M to 971 Employees, 705 Jobs Remain to Be Cut.

CA: DWC Public Disability Accommodation Rules Effective Feb. 18.

CO: Pinnacol Pulls Controversial Ads Regarding Privatization.

CO: Governor Recommends Pinnacol Restructuring Proposal Move Forward.

FL: High Court Rules Guaranty Assoc. Not Liable for Claimant's Legal Fees.

FL: House Approves Bill to Abolish Position of Workers Comp Administrator.

GA: Workers Comp Attorney Surrenders License to State Supreme Court.

IL: Hagan v. Quinn; Governor's Motion to Dismiss Arbitrator Suit Denied.

IL: Governor Appoints Three Workers Comp Arbitrators.

IL: Governor Appoints New Director of Insurance Department.

IN: GOP Senate Refuses Hearing for Bill to Increase Workers Comp Benefits.

IA: Union Leader Criticizes Governor on Selection of Workers Comp Commissioner.

KS: DOL Posts 2011 Workers Comp Statistical Report.

LA: Public Hearing Set Jan. 30 for Proposed Changes to Utilization Review Rules.

ME: Governor Says State Open for Business, Workers Comp Rates Down 7 Percent.

MI: 10 Major Changes to Workers Comp Act in Michigan.

MN: Workers Comp Court of Appeal Candidates Announced.

MO: Senate Committee Approves Second Injury Fund Bill.

NH: State Regulators Say LGC Must Produce Communications With Defense Counsel.

NJ: Bill Would Pay Burial Expenses for First Responders, Offset by Workers Comp Allowance.

NY: WCB Provides Guidance on Which Forms May Be Faxed to Board.

NY: NY Workers Comp Alliance Reports on "True Cost" of Medical Treatment Guidelines.

NC: Key Risk Donates Over $36K to Kids' Chance of America.

NC: James Scott Farrin Recognized Again as Rising Star by Super Lawyers Magazine.

ND: High Court Might Suspend Former Prosecutor Who Convicted Former WC Director Blunt.

OK: WCC Schedules Hearing on Proposed Medical Treatment Guidelines.

OK: Parents of Injured Teen Workers Sue Grain Elevator Company.

OK: Insurance Dept Recovers Nearly $4.5M for Oklahoma Consumers.

OR: WCD Medical Section to Hold Billing and Payment Regional Workshops.

OR: WCD Posts Rulemaking Calendar.

PA: Court Rejects WCJ Class Action Claim for Pay Raise.

PA: Gun-Toting Workers Comp Judge Loses Appeal of Job Termination.

RI: Business Leaders Call for Workers' Comp Changes, Tax Breaks, Business Friendly Regs.

SC: WCC Clarifies Requirements for Filing Physician's Statement Form.

SC: WCC Approves Lump Sum Payments Commuted Values.

SC: WCC Posts Proposed Rules on Mediation.

TN: Employee Misclassification Task Force Posts Annual Report.

TX: TDI Calls for 2011 4Q Experience, Workers Comp Deductible Plans.

TX: TDI Approves 13 Companies to Self-Insure for Workers Comp Claims.

TX: Governor Appoints Three to Texas Medical Board.

TX: Lt. Governor Instructs Lawmakers to Study Workers Comp Benefits, Fatalities, RTW.

WA: L&I Extends Quarterly Deadline for State Fund Employers.

WA: Walla Walla Agrees to Pay Half a Million to Settle Lung Cancer Workers Comp Claim.

WV: Chief Justice Says Workers Comp Appeals Down From 3,000 to 532 in 2011.

WV: Fireworks Bill Would Help Fund Workers Comp Coverage for Volunteer Fire Depts.

1439 2011 Edition
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Top 25 Blogs 2011

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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 [email protected].

 

January 23, 2012: Economic Costs of Occupational Injuries.

January 17, 2012: U.S. Supreme Court Decision on Outer Continental Shelf.

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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