A Note From The Editor |
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Dear WC Professionals:
Have the workers' comp reforms in your state been successful?
To sign up for this free, weekly eNewsletter, email me your full name and email address, along with your request for the National Edition.
Sincerely, Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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New York Workers' Comp | |
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new york post-2007 reforms |
WCRI 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 |
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california post-2004 reforms |
By 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 |
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Larson's spotlight on recent cases |
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. |
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