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rico battle | |
 Divided Sixth Circuit Court Delivers Body Blow to Michigan's Continuing Battle Regarding RICO Claims and Comp Exclusivity, by Thomas A. Robinson. A divided Sixth Circuit Court of Appeals, in Brown v. Cassens Transp. Co., 2012 U.S. App. LEXIS 6929 (6th Cir. Apr. 6, 2012), has again reversed the dismissal of plaintiff employees' RICO action and remanded it to the United States District Court for the Eastern District of Michigan. The case, which has see-sawed between District Court Judge Paul D. Borman and the Sixth Circuit for the past seven years, involves the issue of whether Michigan's Workers' Disability Compensation Act, through its exclusive remedy clause, bars plaintiffs' recovery under the federal RICO statute. > Read more.
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no boundaries: rims 2012 conference | |
 No Boundaries - RIMS 2012 Annual Conference & Exhibition, by Jennifer C. Jordan, Esq. The annual conference held by the Risk and Insurance Management Society is being held April 15 through April 18 at the Philadelphia Convention Center and, as always, is anticipated to be the biggest gathering of insurance professionals all year. With more than 120 sessions, 400 exhibitors and nearly 10,000 risk professionals in attendance, this event is a unique opportunity to refresh your skills, pick up new tips and tricks and build relationships. > Read more.
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divorce & mEDICARE SET-ASIDES | |
 Illinois Court Permits Ex-Wife to Take a Percentage of MSA Account as Part of Divorce Action, by Mark Popolizio, Esq. In the case of In re Marriage of Washkowiak, 2012 Ill. App. Lexis 151 (Ill. App. 3 Dist., March 7, 2012) the Illinois Appellate Court ruled that a claimant's former wife was entitled to receive 17.5% of the funds from his Medicare set-aside (MSA) account per the terms of the parties' divorce agreement. > Read more.
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| Larson's spotlight: mental trauma | |
Claimant's PTSD Claim Held Timely Four Years After the Fact, by Thomas A. Robinson. Virtually all workers' compensation acts have a prescriptive period or statute of limitations that applies to the filing of claims. Typically, the injured worker is allowed one or two years within which to file the necessary claim documents with the appropriate administrative agency and with the employer. This general rules works well where the injury occurs at the time of the accident. In other cases, such as incidents of post-traumatic stress disorder, the condition does not manifest itself months, sometimes years, after the accidental trauma. > 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: "The Noodle" Fights On MMA Circuit While Seeking Workers' Compensation For Day Job As Firefighter, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 The Cruiser T Post...and a Whitman Sampler of Motion Day Rulings in Delaware, by Cassandra Roberts, Esq. Read it.
 Missouri: Appeals Court Remands Retaliation Claim by State Employees, by Martin Klug, Esq. Read it.
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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 9, 2012: Aggressive Surveillance of Injured Worker's Family.
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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The Battle Between RICO Claims and Comp Exclusivity
