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scotus hears roberts argument | |
 Newly Awarded? Newly Entitled? Or Newly Paid? At the Roberts Argument, SCOTUS Tries to "Make Sense" of Section 906(c), by Jon B. Robinson, Esq. On January 11, 2012, the Supreme Court of the United States heard oral argument in Roberts v. Sea-Land Services, Inc., a case addressing Section 906 of the Longshore and Harbor Worker's Compensation Act ("LHWCA"), 33 U.S.C.S. § 906 (1984). The question presented is whether the phrase "newly awarded compensation" can be read to mean newly entitled, or whether "newly awarded" refers to the issuance of a formal administrative compensation order. > Read more.
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recent msp case | |
 Court Dismisses Suit Seeking to Hold Carrier Liable for Reimbursing Medicare Payments, by Mark Popolizio, Esq. In Caldera v. Insurance Company of State of Pennsylvania, No. C-11-321, 2012 U.S. Dist. LEXIS 12888 (S.D. Texas February 2, 2012) a claimant filed a private cause of action claim against the workers' compensation carrier seeking double damages under the Medicare Secondary Payer Statute (MSP) in relation to certain payments Medicare made for medical treatment. In this case, Medicare paid for two lumbar surgeries during a period in which the carrier had denied medical benefits. The parties subsequently entered into an Agreed Judgment in state court through which it was established that the condition requiring back surgery was, in fact, related to the claimant's work accident. While the carrier accepted compensability of the claimant's injury, this agreement did not liquidate damages or require that the carrier make any specific payments. > Read more.
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| Larson's spotlight: odd lot status | |
Injured HVAC Worker Established "Odd Lot" Status, by Thomas A. Robinson. Under the "odd lot" doctrine, applicable in many jurisdictions, a claimant who is not actually permanently totally disabled is nevertheless eligible for permanent total disability benefits if his or her disability, combined with other factors, such as lack of education or transferable skills, lack of broad-based employment experience, age, etc., make the worker de facto unemployable. The Supreme Court of Wyoming recently reversed a decision of a county district court that had in turn affirmed the denial of permanent total benefits to an HVAC worker who fell nine feet from a beam to a concrete floor and suffered a compression fracture to his L1 vertebrae.
> Read more about this case and other noteworthy cases. |
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| blogs at the lexisnexis workers' comp law community |
 Workers' Comp Fraud Blotter: Former Elected Official With Wet Hair Indicted on Federal Fraud Charges, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 A Little "Unhandsome Dealing" in Delaware: Superior Court Reverses IAB Award Based on Discovery Issue, by Cassandra Roberts, Esq. Read it.
Prescriptions Part Two: Delaware IAB Once Again Preserves Carrier Right to Utilize Preferred Drug Vendors, by Cassandra Roberts, Esq. Read it.
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| state news | |
AL: SB 77 Would Limit Use of Pain Complaint Evidence, Limit PTD Benefits, Etc.
AZ: HB 2368 Would Regulate Subrogation, Change Calculation of Benefits.
CA: Former Hotel Housekeeper Obtains $70K Workers Comp Settlement.
CA: AB 2219 Would Extend Provisions Mandating WC Coverage for Roofing Contractors.
CA: DWC to Host Electronic Filing Expo in Sacramento April 5.
CO: Div. of Insurance Proposes Rule Changes to Workers Comp Risk Management.
CO: Div. of Insurance Proposes Rule Changes to WC Deductible Policies in Excess of $5K.
FL: DWC Adopts Amendment to Definition of Affiliated Self-Insurer.
FL: Workers Comp Fraud Cash Checking Bill Heads to Governor.
FL: Physician Dispensing Bill Dies in Senate.
IL: House Dems Say 12-13 Percent of State Workers File Workers Comp Claims.
IL: IWCC Announces Corrections to Arb. O'Malley's Chicago March, April Call Sheets.
IL: State Releases Menard Prison Nerve Test Records to Newspaper.
IL: Court Grants Claimant's Ex-Wife Portion of His MSA Funds.
KY: House Committee Approves HB 4 Changes to Prescription Electronic Reporting.
ME: GOP Lawmakers Signal Opposition to Proposed Caps on Workers Comp Benefits.
MA: Insurance Commissioner to Hold Hearing on WC Rate Hike March 30.
MO: MEMI's CEO Endorses Proposal for Lawmakers to Study Insurance Agency.
MO: Workers Comp Bill Sent to Governor.
NH: Dover City Officials Seek $282K Refund from LGC.
NY: SWCB Mandates Electronic Claims Filing Process.
NY: SWCB Posts Revised Inpatient Hospital Rates.
NY: SWCB Posts Changes to WC Physicians, Providers List.
ND: Medical Director Disputes Agency Report, Says Pressured to Alter Medical Opinions.
OH: Woods Appointed BWC Chief Medical Officer.
OK: WCC Posts Notice Re use of Official Disability Guidelines for Care of Injured Workers.
OK: SUNZ Receives Authority to Offer Workers Compensation in Oklahoma.
OK: Supreme Court OK's WCC Rule Changes.
OR: ALJ Claims Sexual Harassment in Suit Against WCB in Federal Court.
OR: WCD May Revise Rules on Vocational Assistance to Injured Workers.
OR: WCD May Revise Rules on Employer-at-Injury Program.
OR: WCD May Revise Rules on Preferred Worker Program.
OR: WCD Revises Form for Release of Medical Records for WC Claim.
PA: Bar Association, Workers Comp Section, to Begin Certifying Lawyers.
SC: Senate Confirms Commissioner McCaskill.
TX: DWC Revises Forms for Advance of Benefits, Request to Change Treating Doctor.
VT: WCSD Says EDI Makes Filing First Reports of Injury Easy.
VT: H 762 Would Address Retaliation, Discovery, Misrepresentation, and More.
VA: Shipyard Workers Urge Governor to Veto Workers Comp Bill.
WA: Columnist: Two Dead Bills If Resurrected Would Weaken Workers Comp Reforms. |
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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.
March 5, 2012: The Defense of Intentional Self-Injury.
February 27, 2012: Workers' Comp Reform: Spotlight on North Carolina.
February 21, 2012: Workers' Comp Reform: Spotlight on Illinois.
February 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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Newly Awarded? Newly Entitled? Or Newly Paid? 
