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Vol. 3, Issue 21

Find Solutions & Strategies                                    May 21, 2012

Safety HatThe OSHA Regulatory Burden

 

New study debunks job killer, anti-competitive theories

In This Issue
-OSHA REGULATORY BURDEN
-LARSON'S SPOTLIGHT: Willful Misconduct, Intoxication, Agility Test, Cross-Examination of Physician
-RECREATIONAL ACTIVITY
-BLOGS AT THE WCLC: Fraud, DE case
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
 Note From The Editor
Robin Kobayashi 2010

Dear WC Professionals: 

 

To sign up for this free weekly eNewsletter, click here. Find out why your colleagues rely on our news and articles.

 

Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
Medical Records Retrieval
Medical Records Retrieval

 

 

osha regulatory burden

The OSHA Regulatory Burden: New Study Debunks Job Killer, Anti-Competitive Theories. It is a truth universally acknowledged that OSHA workplace regulations are unduly burdensome, negatively impacting an employer's competitiveness and destroying jobs for workers. The U.S. Occupational Safety and Health Administration is one of the most controversial regulatory agencies in our country. A debate has raged for years over whether workplace safety inspections and regulations correlate with a decline in injury rates and with lower productivity. A new study by economic experts, headed by David I. Levine at the Haas School of Business at UC Berkeley, has been published in the latest issue of Science, finding there is no evidence that ...Read more.

Larson's spotlight: misconduct

Tom Robinson thumbnail

Court Adopts "Larson" Test for Willful Disobedience of Safety Rules, by Thomas A. Robinson. In a divided opinion, the Supreme Court of Tennessee has reversed an award of workers' compensation benefits to an electric utility lineman who sustained severe injuries when a ground wire that he was holding came into contact with a transformer on an adjacent utility pole. Finding the four-part "Larson" test established "straightforward guidelines for evaluating claims of willful misconduct and the willful failure or refusal to use a safety appliance," the court adopted the Larson Treatise's standard for the instant case and for future cases involving such defenses. Read more about this case and other noteworthy cases involving intoxication, agility test, and cross-examination of physician.

larson's on recreational acTivity

Lunch BreakThe Company Outing: Course of Employment Issues. Summer is right around the corner, and with it comes annual company picnics, baseball games, parties and the like. These types of events raise a host of workers' comp issues for employers. Read excerpts from Larson's Workers' Compensation Law related to recreational activity, going and coming rule, and personal comfort. 

blogs at the lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter:  Laundry Owners Unable To Hide Dirty Dealings With Employees Behind Soap Suds, by LexisNexis Workers' Compensation Law Community Staff. Read it.    

 

 

 

 

Cassandra

Barely Employable? A Tepid FCE Carries the Day in Delaware Termination Case, by Cassandra Roberts, Esq. Read it.

national news
state news

AZ: Governor Signs HB 2571, Power to Remove Industrial Commission Director.

CA: WCIRB Offers Testimony About System Cost Drivers.

CA: DWC Issues Announcements Related to Electronic Medical Billing.

CA: Self-Insured Group for Restaurants Hit with $42M Tab.

CT: WCC Updates Medical Protocols Effective 7/1/2012.

FL: Repackaged Drug Battle Lines Being Set for 2013 Legislative Session.

FL: DWC Pressures Companies Re Insurance Coverage, Employee Classification.

HI: Workers Comp Insurers See More Cases With Mark Ups for Repackaged Drugs. 

ID: Industrial Commission Requests Nominations for WC Advisory Committee.

IL: HB 5926 Would Privatize Workers Comp for State Employees.

KS: Labor Law Reforms Would Change Nominating Committee for Workers Comp Judges.

MD: General Assembly Backs $50M Raid of IWIF Surplus Funds.

MA: DIA Seeks UR Agents.

MS: Governor Signs SB 2576 Workers Comp Reforms.

MO: Legislature Sends Workers Comp Bill to Governor.

MO: GOP-Controlled Legislature Passes Only Part of Pro-Business Agenda.

MO: Judge Orders New Trial in Alleged Workers Comp Mishandling Case.

NJ: S613 Would Provide Cost of Living Adjustment for Totally and Permanently Disabled Workers.

NY: Federal Judge Releases 4 Executives of CRM Holdings From Putative Securities Class Action.

NY: Physical Therapists Lobby for Workers Comp Fee Bills.

NY: NYCIRB Files 11.5 Percent Lost Cost Increase for Policies On or After 10/1/2012.

OH: BWC Identifies Over 40,000 Businesses Owing Workers Comp Premiums.

OH: Bengals Ask Federal Judge to Enforce Order Requiring WC Claims Moved From CA to OH.

OK: Workers Comp Judge Signed Order in Attorney's Favor After Accepting Job in His Firm.

OR: WCD to Hold Public Hearing May 29 on Preferred Worker Program.

OR: WCD to Hold Public Hearing May 24 on Electronic Billing.

OR: WCD Propose Changes to WC Premium Audit and Classification Notice Rules.

TX: DWC Adopts Amendments to Dispute of Medical Bill Rules Effective 5/31/2012.

TX: DWC Adopts Amendments to Arbitration Rules Effective 5/31/2012.

TX: Governor Appoints John Swanson to Texas Mutual Board of Directors.

TX: DWC Posts Disciplinary Orders for 2012.

VA: Court Rules Employer Liable for Injured Worker's YMCA Membership, Mileage.

WA: BIIA Accepting Applications for Judge Positions.

WA: L&I Offers New Grants for Innovative Return-to-Work Ideas.

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 Robin.E.Kobayashi@lexisnexis.com.

 

May 14, 2012: A New Medicare Set-Aside Reform Bill.

May 7, 2012: Death of a Workers' Comp Opt Out Bill.

April 30, 2012: The Australian Motel Sex Injury Case.

April 23, 2012: Will the SMART Act Pass This Year?

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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