National Banner 2012 Chess Board
Vol. 3, Issue 17

Find Solutions & Strategies                               April 23, 2012

SMARTWill the SMART Act Pass This Year?

 

Congressman Tim Murphy provides insights on Medicare Secondary Payer reform

In This Issue
-MSP: SMART ACT
-NEW YORK REFORMS
-LARSON'S SPOTLIGHT: Positional Risk Doctrine, Medical Evidence, Total Permanent Disability, Deviation From Employment
-BLOGS AT THE WCLC: Fraud, DE cases
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From The Editor
Robin Kobayashi 2010

Dear WC Professionals: 

 

"You don't go to work to die", said John Cordeiro, whose son was crushed by a forklift in 2010. "You go to work to make a living." Let's remember all the fallen on April 28 and always.

 

To sign up for this free weekly eNewsletter, click here.

 

Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
Workers' Memorial Day
Workers Memorial Day Elephant
 

 

rims 2012: msp & the smart act

Jen Jordan March 2010 thumbnail

Medicare Secondary Payer: Will the SMART Act Pass this Year? by Jennifer C. Jordan, Esq. As the election year heats up, many with Medicare Secondary Payer (MSP) issues are curious as to what the chance the Strengthening Medicare and Repaying Taxpayers Act of 2011 (the SMART Act) has of getting passed during the 112th Congress. As the topic of a legislative session presented at RIMS on Tuesday, April 17, 2011, attendees were honored to hear Congressman Tim Murphy of the 18th District of Pennsylvania personally address that very issue via telephone live from Washington, DC. > Read more.

new york reforms 5 years later

New York Workers' Comp Stakeholders Continue to Absorb 2007 Reform Changes, by Ronald E. Weiss, Esq. and Ronald Balter, Esq. During the past year, stakeholders Ronald Weissin the workers' compensation system in New York have continued to absorb legislative and administrative changes initiated by the 2007 reform. Maximum indemnity rates are now indexed to two-thirds of the State Average Weekly Wage...Meanwhile, the costs of workers' compensation in New York have increased over the last few years, with the Insurance Department approving a substantial increase in insurance premiums in the fall of 2011. Perhaps the biggest substantive development has been the Workers' Compensation Board's promulgation, effective January 1, 2012, of long awaited 2012 New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity. > Read more.

Larson's spotlight: positional risk

Tom Robinson thumbnail

North Dakota Refuses to Adopt Positional Risk Doctrine, by Thomas A. Robinson. Construing a 1977 amendment to the state's Workers' Compensation Act that added an "arising out of" element to the already existing "course of employment" language required in order for a claimant to show legal causation, a divided Supreme Court of North Dakota recently refused to employ the positional risk doctrine regarding a claim where an employee sustained injuries in an unexplained fall that occurred as she was walking on a level, unobstructed floor at the employer's premises. > Read more about this case and other noteworthy cases.

blogs at the lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter:  Former Missouri Governor Pleads Guilty to Laundering Campaign Contributions, by LexisNexis Workers' Compensation Law Community Staff. Read it.  

 

 

 

CassandraThe Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed in Grain Elevator, by Cassandra Roberts, Esq. Read it.  

 

   

 

 

CassandraAbsence Makes the Heart Grow Fonder in This Delaware Utilization Review Appeal, by Cassandra Roberts, Esq. Read it 

 

 

national news
state news

AK: WCD Posts Death Benefits Increase.

CA: Governor Reappoints Curtin, Rankin to SCIF Board of Directors.

CA: WCIRB Releases Report on Fourth Quarter 2011 Insurer Experience.

CA: WCIRB Report Shows WC Premiums Rose to $10.8B in 2011.

CO: Pinnacol Pitches New Plan for Expanding Product Line, Business Territory.

FL: Domino's Sued for Denying Workers Comp Benefits to Delivery Man Robbed.

FL: Governor Vetoes Budget Proposal for Annual WCRI Study.

LA: Orthopedic Surgeon Says Workers Comp Legislation Will Hurt Injured Workers.

ME: LD 1314 and Other Workers Comp Bills Signed by Governor.

MA: DIA Posts New � 15 Settlement Approval Form and Procedure.

MS: Senators Considering More Changes to Workers Comp Bill.

MS: MS Bar Urges Lawmakers to Vote Against Workers Comp Destruction Bill SB 2576.

NY: NYCIRB Posts Payroll Limitation as of 7/1/2012 for Construction Industry.

NY: SWCB Posts Changes to List of Authorized Health Care Providers.

NY: SWCB Posts Policy on Firearms and Other Weapons.

NC: Industrial Commission to Hold Hearing Next Month for Uninsured Employers.

OH: GOP Lawmakers Introduce Bill to Require Injured Workers to See Medical Specialist.

OH: BWC Supports Workers Comp Reform Legislation.

OH: Lawmakers Begin Hearings on Workers Comp Reform Bills.

OK: Governor Signs SB 1065 Disclosure of Drug Data.

OK: Senate Approves Workers Comp Opt Out Bill.

OR: WCD MCO, Medical Fees, Services Rules Effective 4/1/2012.

OR: Medical Advisory Committee Issues Statement on Opiate Pain Medications.

OR: WCD Posts Temporary Rules on Medical Fees and Payments.

OR: WCD Posts Mileage, Meals, Lodging Rates.

OR: Dennis Reese Inducted Into College of Workers' Compensation Lawyers.

PA: BWC Posts 21-Day Compliance Report for 4Q 2010.

PA: Court Rules Pittsburgh Steelers Not Liable for Attorney's Fee in Workers Comp Case.

VA: House Rejects Governor's Amendment to HB 137 Brain Injury Bill.

WI: Governor Signs Workers Comp Agreed Upon Bill (SB 409), Effective 4-17-2012.

WI: WCD Posts Plain Language Summary of WC Agreed Upon Bill (SB 409).

New York Workers Comp 2012

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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].

 

April 16, 2012: The Battle Beween RICO and Exclusive Remedy.

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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