National Banner 2012 Chess Board
Vol. 3, Issue 13

Find Solutions & Strategies                              March 26, 2012

Longshore RopeU.S. Supreme Court Decides Roberts

 

Court answers the question of the meaning of "newly awarded compensation" under LHWCA

In This Issue
-SUPREME COURT DECIDES ROBERTS CASE
-RIMS CONFERENCE
-TREATMENT GUIDELINES
-LARSON'S SPOTLIGHT: Temporary Total Disability Benefits, Going and Coming Rule, LHWCA Benefits, Exclusive Remedy Rule
-BLOGS AT THE WCLC: Fraud, Delaware cases, Missouri cases
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
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Robin Kobayashi 2010

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Supreme court decides roberts

Roger LevyU.S. Supreme Court Issues Much Anticipated Decision in Roberts v. Sea-Land Services, Inc., by Roger A. Levy, Esq. On March 20, 2012 the U.S. Supreme Court answered the question of the meaning of LHWCA Sec. 6(c)'s "newly awarded compensation" clause in its decision in Roberts vs. Sea-Land Services, Inc. authored by Justice Sonia SotoMayor (See LHWCA, 33 U.S.C.S. � 901 et seq. and 33 U.S.C.S. � 906(c)). > Read more

2012 rims annual conference

The 2012 RIMS Annual Conference & Exhibition April 15-18 in Philadelphia is the lollapalooza of the risk management industry, what with its high energy, dynamic speakers, 120+ sessions, 10,000 attendees from 50 different countries, 400 exhibitors, and numerous networking opportunities. Find out how workers' comp defense attorneys and other attorneys can benefit by attending this event where they can get to Moneyballknow their clients better and learn how to be more valuable to them. And don't miss the brilliant keynote speakers: Billy Beane, the Oakland A's General Manager and subject of the bestselling book, Moneyball: The Art of Winning an Unfair Game, and Walter Isaacson, author of the authorized biography, Steve Jobs, and President and CEO of the Aspen Institute. Listen to the 15-minute LexisNexis podcast of Scott Beckman, VP Claims, ISMIE Mutual Insurance Company and Chair of RIMS Conference Program Committee as he explains the takeaways for defense attorneys, or read excerpts of the podcast here.

treatment guidelines

Stahl, JohnWork Loss Data Institute Warns of Fox Guarding the Hen House With State Treatment Guidelines, by John Stahl, Esq. Phil LeFevre, who is a Senior Account Executive, with the Work Loss Data Institute (WLDI) spent much of a recent webinar entitled "Emerging Trends in Workers' Comp Treatment Guidelines by State: Has the Fox Been Left to Guard the Hen House" comparing the Official Disability Guidelines (ODG) with other workers' compensation treatment guidelines. WLDI publishes the ODG. > Read more

Larson's spotlight: temporary total disability

Tom Robinson thumbnail

Injured Worker Entitled to Additional TTD Benefits Despite Derogatory Conduct, by Thomas A. Robinson. Some of the most complex disability questions arise when an injured employee first gets some kind of employment after the injury and later becomes unemployed. The employee's subsequent unemployment may be a combination of the physical disadvantage, general economic conditions, the operation of union seniority rules, or other factors. > Read more about this case and other noteworthy cases.

blogs at the lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter:  Making Shell Companies for Fraud and Getting Caught, by LexisNexis Workers' Compensation Law Community Staff. Read it.  

   

 

 

CassandraWhere Do Broken Hearts Go? Not to the Delaware IAB, That's for Sure!, by Cassandra Roberts, Esq. Read it. 

 

  

 

 

CassandraHurts So Good: Delaware UR Appeal Reverses in Favor of Peripheral Nerve Stimulator, by Cassandra Roberts, Esq. Read it. 

 

  

 

 

Martin KlugMissouri: Hair Dresser Killed at Salon Receives No Benefits, by Martin Klug, Esq. Read it.

 

  

 

 

Martin KlugMissouri: Noxious Smoke and Fumes at Work Caused Myelomas, by Martin Klug, Esq. Read it.

 

  

 

 

Martin KlugMissouri: Arthritic Findings Defeat Causation on Shoulder Case, by Martin Klug, Esq. Read it.

 

national news
state news

AZ: Governor Signs SB 1016 Workers Comp Electronic Payment Bill.

AZ: IC to Hold 2012 Fee Schedule Hearing April 25, 2012.

CA: CHSWC Releases Report on Injury and Illness Prevention Program.

CA: CHSWC Releases Report on Occupational Safety and Health Inspection Practices.

CA: WCIRB Actuarial Committee Reviews Dec. 31, 2011 Experience.

CA: New WCIRB Committee Members Elected.

CA: NLF, Atlanta Falcons Sue 9 Ex-Players to Move WC Litigation to Georgia.

CA: AB 1687 Would Allow Applicant Attorney Fees Related to Utilization Review Disputes.

CA: AB 1454 Would Allow Audiologists to Become QMEs.

CA: AB 1145 Would Create Supplemental Job Displacement Benefit Voucher of $6,000.

CA: AB 2373 Would Change Factors for Determining Independent Contractor Status.

CO: PCI Urges Governor to Sign HB 1033 Relating to DWC Audit Fines.

FL: FLOIR to Host 2012 Industry Conference on June 14, 2012.

FL: GOP Lawmaker Explains How Politics Blocked Workers Comp Repackaging Bill.

FL: Bob O'Halloran, VP Summit Claims, Named to FWCI Hall of Fame.

GA: Senate Committee Approves HB 972 Pill Mill Bill.

HI: Senate Committee Approves Bill for Study on Lack of Physicians in WC System.

HI: Senate Committee Approves Bill to Discourage WC Claims Without Reasonable Ground.

IL: Illinois State Medical Society, SafeWorks Illinois Sponsor Seminar on WC Reforms.

LA: LWCC Fills Two Management Positions.

LA: LASIE/LUBA Seek Hardline Workers Comp Legislative Changes.

ME: WCB Posts 2012 Annual Report on Workers Comp System.

MD: WCC Adopts Rule Changes to Death Benefits for Dependents.

MD: Senate Votes to Amend SB 745 IWIF Privatization Bill.

MS: WCC Chairman Seeks to Control Costs, Provide Fair Treatment to Injured Workers.

MO: St. Louis Attorney Wins $750K Workers Comp Settlement for Ligament Instability.

MO: House Leader Says No Attempt to Override Governor's Veto of Workers Comp Bill.

MO: Senate Committee Hearing Finds Lackluster Support for MEM Privatization Bill.

NV: NCCI Finds Increasing Indemnity and Medical Costs.

NY: WCB Posts New and Revised Forms.

NY: WCA Responds to PERMA Claim Re WC Assessments, Increase in Employer Costs.

OK: House Passes Bill to Coordinate Agencies Efforts to Combat Employee Misclassification.

OR: MAC Reports 89% of Pharmacies Now Participating in Prescription Drug Monitoring.

PA: High Court Hears Oral Argument in Labor Market Survey Case.

PA: High Court Hears Oral Argument in Employee's Waiver of Claims Case.

RI: NCCI Finds Lost Time Claim Frequency High.

TX: DWC Proposes Changes to MDR of Fee Disputes, MDR by IRO, Arbitration.

TX: DWC Announces November-December 2011 Enforcement Actions.

WV: Governor Signs HB 4351 Mine Safety Bill.

WI: Legislature Sends SB 409 to Governor; Would Increase PPD Rates.

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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].

 

March 19, 2012: Recent Medicare Set-Aside Changes.

March 12, 2012: SCOTUS Hears Roberts Oral Argument.

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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