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Vol. 3, Issue 8

Find Solutions & Strategies                         February 21, 2012

Illinois WC Reform SignWorkers' Comp Reform: Spotlight on Illinois

 

Did the 2011 reforms go far enough?

In This Issue
-ILLINOIS REFORM
-LARSON'S SPOTLIGHT: Medical Treatment for Unrelated Condition, Going and Coming, Statute of Limitations for Misdiagnosed Condition, Exclusive Remedy Rule
-TOP 10 WC ISSUES
-BLOGS: Fraud, Sleep disorders, Toe fracture case
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From The Editor
Robin Kobayashi 2010

Dear WC Professionals: 

 

In today's issue we visit Illinois, the Land of Lincoln, to see whether the 2011 reforms didn't go far enough. An excerpt of our 14-page article is provided.

 

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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illinois workers' comp reform

Karen YotisIllinois Workers' Comp Reform: An Interview With Mark Walls, Assistant VP - Claims, Safety National, by Karen C. Yotis, Esq.

 

In this Emerging Issues Analysis article now available on the LexisNexis Bookstore for purchase, Karen C. Yotis, Esq. examines the 2011 legislative reforms to Illinois workers' compensation from a claims-handling perspective. A partial excerpt follows:

 

Illinois Workers' Comp Reform and the Bottom Line: The More Things Change, the More They Stay the Same. In its official summary of Public Act No. 97-0018, the Illinois Workers' Compensation Commission describes the new law that went into effect in Illinois on June 28, 2011 as "significant Workers' Compensation reform legislation". But does the revised statute actually herald reform? And if so, does that reform go far enough to qualify as significant? To get a sense of the impact that the 2011 legislation has had on workers' compensation in Illinois from a claims-handling perspective, there is no better person to ask than industry thought leader Mark Walls, the Assistant Vice President of Claims at Safety National. > Read more. 

Larson's spotlight: coronary bypass

Tom Robinson thumbnail

Employer Not Responsible for Unrelated Coronary Bypass Surgery, by Thomas A. Robinson. For most workers' compensation purposes, the employer takes the employee as it finds him or her. That is to say that in most cases, if a worker has an independent medical condition that must be treated in order to treat successfully the work-related injury or condition, then the employer must also treat that independent condition. A recent case from Virginia illustrates a limitation to that rule, however. > Read more about this case and other noteworthy cases.

A national expert's year in review

Top 10 GoldThomas A. Robinson on 2011 Year in Review: Top 10 Issues in Workers' Compensation Law. In this 19-page LexisNexis Emerging Issues Analysis article on sale now at the LexisNexis Bookstore, workers' comp expert Thomas A. Robinson analyzes the top 10 workers' comp events for 2011 on a national level, with an eye to the hot button issues for 2012. His top 10 list covers: 1. Injuries to Telecommuters. 2. Opioid Abuse in Treatment of Injured Workers. 3. Mental Injuries Within the Work Environment. And more. > Read the abstract

blogS at the lexisnexis workers' comp law community
Fraud SignWorkers' Comp Fraud Blotter - Maybe Three Is A Charm, Contractor Goes Straight To Jail After Three Busts,  by LexisNexis Workers' Compensation Law Community Staff. Read it 
  
 
Robert Rassp grayCatching Up on Some Zs in California - Sleep Disorders, by Robert G. Rassp, Esq. Two recent panel decisions provide insight on the AMA Guides and developing the record with medical and lay testimony. Read it.

 

 

 

Martin KlugMissouri: No Death Benefits From Toe Fracture, by Martin Klug, Esq. Read it.
national news
state news

CA: Governor Appoints Marguerite Sweeney to WCAB.

CA: DIR, DWC Seek Input on Workers Compensation System.

CA: DWC Posts Updated Ambulance Fee Schedule.

CA: Lawyer Says Fraudulent Workers Comp Claims Are Up in Construction Industry.

CA: US Dept of Labor, California Sign Agreement to Reduce Employee Misclassification.

CO: Notice Given Re RICO Class Action Settlement Against Wal-Mart.

DE: OWC Updates Utilization Review Form 2/10/12.

FL: Florida Company Spends $3M to Save Repackaged Drugs Loophole.

FL: CFO Atwater Backs Workers Comp Fraud Bill.

IL: IWCC Says Arbitration Limited on Feb. 17 for Confirmation Hearings.

IL: IWCC Says Arbitrator McCarthy Covering for Arbitrator Neal.

KS: Bill Would Give Businesses More Input on Workers Comp Judge Appointments.

KY: Governor Appoints Michelle C. Landers to Workers' Comp Funding Commission.

LA: LWC Announces Fraud Hotline, Web Portal.

LA: LWC Medical Advisory Committee to Hold Public Meeting Feb. 22.

ME: Lawmakers Hear Testimony of Groups Opposed to Workers Comp Changes.

MD: Court Affirms $1.25M FELA Judgment for Railroad Worker.

MD: Senate Bill Would Privatize IWIF.

MI: WCA Says Petitions for Hearing Now Accepted on Plain Paper.

MN: DLI Says Return to Work Increases for 2011 Voc Rehab Closures.

MN: DLI Says Workers Comp Costs Declined From 2004 to 2010.

MN: DLI Posts Workers Comp Claim Characteristics 2010.

MN: Statute Allows Choice of Hearing Aid Provider Without Interference by Insurers, WCA.

MO: AG Calls for Termination of Second Injury Fund.

MO: Senate Passes Workers Comp Reform Bill.

NV: DIR Seeking Public Comments on Subsequent Injury Account Rule Changes.

NH: LGC May Depose Firefighters' Union Leader, But No Access to Emails.

NJ: Court Says Workers Comp Judge Failed to Follow Instructions on Attorney's Fees.

NY: Workers Comp Board Moves From Albany to Schenectady.

NY: NYSIF Receives First Installment on $2.5M Restitution.

NY: WCB Posts Revised Jan-Nov 2009 Reimbursement Rates for Inpatient Hospital Care.

NY: Lawsuit Seeks Clarification on Employee Suing Parent Corporation for Negligence.

NC: WCRI Study Measures Impact of NC Workers Comp Reforms.

OH: BWC Accepting Applications for New Workplace Wellness Program.

OH: BWC Announces 6 Workers Comp Fraud Convictions in January 2012.

OH: BWC Employee Received Collect Phone Calls From Family Member in Prison.

OK: Governor to Appoint Four Conservative Workers Comp Judges This Year.

OK: SB 1060 Would Require Notice of Suspected Fraud to AG's WC Fraud Unit.

OK: SB 1174 Would Enable AG to Contract for Services to Assist WC Fraud Unit.

OK: SB 1246 Would Stay WC Proceedings When Claimant Charged With WC Fraud.

OK: SB 1321 Would Allow Retired Police Officers to Assist With WC Fraud Investigations.

OK: SB 1878 Would Revise Civil Penalties for Lack of WC Insurance Coverage.

OK: HB 2317 Would Revise Civil Penalties for Lack of WC Insurance Coverage.

OR: Workers Comp Insurer Fined for Improperly Charging Fees to 117 Employers.

RI: Judicial Nominating Commission Interviewing 5 Lawyers for Workers Comp Court Position.

SC: NCCI Files 7.3 Percent Loss Cost Rate Increase.

TN: Task Force Recommends Strict Penalties for Construction Worker Misclassification.

TX: Court Dismisses Deceptive Trade Practices Lawsuit Between Contractor and Insurer.

TX: New Rulebook Supplement Posted, Includes DWC Monitoring, Enforcement.

TX: Texas Safety Summit Conference Announced.

VA: WCC Head Leaves Post for City Manager Position.

VA: HB 153 Would Limit Workers Comp for Shipyard Workers.

WA: L&I Now Accepting Applications for Medical Provider Networks.

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 Robin.E.Kobayashi@lexisnexis.com.

 

Febrary 13, 2012: Exclusivity & Intentional Torts Under LHWCA.

February 6, 2012: Chronic Pain Treatment: New Attitudes and Alternatives.

January 30, 2012: Impact of Workers' Comp Reform: NY and CA.

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.

ACCESS 2010-2011 ARCHIVES AND ARTICLES LIST HERE.

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