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Find Solutions & Strategies April 9, 2012 |
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Aggressive Surveillance of Injured Worker's Family
Spouse's tort action not barred by exclusive remedy rule | |
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| A Note From The Editor | |
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Dear WC Professionals:
This issue of the eNewsletter is dedicated to our colleague, attorney Kim Presbrey. Our thoughts & prayers are with him as he recovers from his injuries.
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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surveillance GONE TOO FAR? | |
Aggressive Surveillance of Injured Worker's Family: Federal Court Says Spouse's Tort Action Not Barred by Exclusive Remedy Rule, by Thomas A. Robinson. In a diversity action filed by the spouse of an injured worker against the third-party firm administering her husband's workers' compensation claim, a federal district court recently refused to grant the defendant's summary judgment motion, finding the tort action was not barred by the exclusive remedy provisions of the Connecticut Workers' Compensation Act. > Read more. |
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| kim presbrey injured in plane crash | |
 Kim Presbrey, a prominent workers' compensation attorney in Illinois, was severely injured when his plane crashed into a supermarket in Orlando, FL last week. Our thoughts are with him and his family at this time. Kim, who is a LexisNexis author and member of the Larson's National Workers' Compensation Advisory Board, has been a strong political voice for unions and labor in his state. He is a fighter who loves life. > Read the news item.
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| Larson's spotlight: aggravation | |
Trauma Induced Stroke in Fall From Wheelchair Not Compensable Aggravation of Original Injury, by Thomas A. Robinson. In a recent decision from Ohio, a divided appellate court held that a worker, who lost the use of his legs in 1965 in a work-related accident, and who was thereafter confined to a wheelchair, was not entitled to additional workers compensation benefits related to a trauma induced stroke that he sustained when, as he was being moved from his wheelchair by a home health aide, he fell, struck his head on a table, and sustained a right parietal bleed or hemorrhagic stroke. > Read more about this case and other noteworthy cases. |
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| walmart opts out | |
 The Texas Tribune reports on Walmart's heavy blow to the Texas workers' compensation system when the retail giant decided to opt out in March 2012. Texas is currently the only state where employers can opt out of the workers' compensation system. Benefits for injured workers under private plans are typically inferior to those under the state's workers' compensation program. Are the risks for employers worth it in terms of achieving lower claims costs? Does the opt out program place other employers who are still in the workers' comp system at a competitive disadvantage? Read it.
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| sign up FOr free enewsletter | |
 To sign up for this free, weekly eNewsletter, send your full name and email address, along with your request for the National Edition, to Robin.E.Kobayashi@lexisnexis.com.
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| blogs at the lexisnexis workers' comp law community |
 Workers' Comp Fraud Blotter: Drum Manufacturer Shuttered by Court for Failing to Carry Workers' Comp Insurance, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 "Please Sir, I Want Some More": Latest IAB Appeal Case in Delaware & the Inadequacy of UR Decisions, by Cassandra Roberts, Esq. Read it.
 Vermont Workers' Comp Update: Jan. to Mar. 2012, by Keith J. Kasper, Esq. A police officer on a 12-hr work shift breaks a tooth while eating a boughten hamburger with bacon. Compensable? Read it and other interesting cases.
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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.
April 2, 2012: Intoxication Presumption.
March 26, 2012: U.S. Supreme Court Decides Roberts (LHWCA case).
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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