National Banner 2012 Chess Board
Vol. 3, Issue 23

Find Solutions & Strategies                               June 4, 2012

Self-Insured SignSelf-Insured Groups for Workers'  Comp

 

New strategies for regulatory oversight

In This Issue
-SELF-INSURED GROUPS
-KIM PRESBREY
-LARSON'S SPOTLIGHT: Intentional Tort, Increased Risk Doctrine, Job Termination, and Independent Contractor
-NATIONAL CONFERENCE
-BLOGS AT THE WCLC: Fraud, DE case, MO case
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
 Note From The Editor
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Dear WC Professionals: 

 

This issue of the eNewsletter is dedicated to Illinois claimant's attorney Kim Presbrey. He will be greatly missed.

 

I hope to see you at the National Workers' Compensation Conference this November. See below for a special discount on the registration fee.

 

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

 

Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
The Industry's Leading Training Event
LRP National Workers Comp Conference 2012 combined

Register today

 

Solutions for Opioid Crisis

Regional Differences Sessions

New Interactive Think Tanks

LexisNexis Enhanced Legal Track

Cutting Edge, But Practical Solutions

 

***LexisNexis Workers' Comp Law Community members are eligible for a special discount.*** 

self-insured groups

Stahl, John

Regulatory Challenges Regarding Self-Insured Groups: Failures Prompt New Regulation, by John Stahl, Esq. An April 2012 International Association of Industrial Accident Boards and Commissions (IAIABC) report entitled "Self-Insured Groups for Workers' Compensation: Effective Regulatory Strategies" on obtaining workers' compensation coverage through a Self-Insured Group (SIG) "synthesize[d] the lessons that have been learned about the causes of failures [of SIGs], weaknesses in regulatory oversight, and how regulatory responses to SIG financial problems might be improved." Read more.

kim presbrey, r.i.p.

Kim PresbreyKim Presbrey, a leading claimant's attorney in Illinois, passed away on May 26, 2012. Kim was the co-author of the Illinois Workers' Compensation Guidebook (LexisNexis) and a member of the Larson's National Workers' Compensation Advisory Board. Read more.

Larson's spotlight: INTENTIONAL TORT

Tom Robinson thumbnail

Substantially Certain Doctrine and Intentional Tort Claims, by Thomas A. Robinson. Intentional injury inflicted by the employer on an employee may be made the subject of a common-law action for damages on the theory that, in such an action, the employer will not be heard to say that the intentional act was an "accidental" injury and so under the exclusive provisions of the compensation act. The common-law liability of the employer in most jurisdictions cannot, however, be stretched to include accidental injuries caused by the gross, wanton, willful, reckless, culpable or malicious negligence, or other misconduct of the employer short of genuine intent to cause injury. Nor is it enough merely to allege such intent; there must be alleged facts constituting an actual and deliberate intent to bring about injury. About a dozen jurisdictions have adopted a broader definition of "intentional." Read more about this case and other noteworthy cases involving Increased Risk Doctrine, Job Termination, and Independent Contractor.

lex k. larson to speak at national workers' comp conference

LexisNexis has partnered with the National Workers' Compensation Conference to create an enhanced legal track for attorneys and other workers' comp professionals. Lex Larson 2011 CCLexisNexis author Lex K. Larson will be speaking on the panel The Future of Exclusive Remedy. View the program agenda. Overall, there are 15 members of the Larson's National Workers' Compensation Advisory Board speaking at this event. You don't want to miss this conference! Take advantage of the special discount for all LexisNexis Workers' Compensation Law Community members. Community membership is free at our site.

blogs at the lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter:  AIG Fined; Largest Fine in Pennsylvania Insurance Department's History Levied, by LexisNexis Workers' Compensation Law Community Staff. Read it.   

 

 

 

Cassandra

Change Is Constant...Well, Not So Much in this Delaware Termination Case,  by Cassandra Roberts, Esq. Read it

 

 

 

 

Martin KlugMissouri: Supreme Court Reverses Comp Benefits From Making Coffee, by Martin Klug, Esq. Read it.

national news
state news

CA: Insurance Commissioner Approves 8.25% Premium Rate Increase.

CA: Insurance Commissioner Announces Bill to Help Fight Insurance Fraud.

CA: DWC Surveys Copy Service Users.

CA: WCAB Adopts New and Amended Rules Relating to Lien Claims.

CA: Jury Awards $520K to Employee Fired for Disability Suffered On the Job.

FL: FWCJUA Committee Recommends $12.25 M Policyholder Dividend.

FL: Claimant's Attorney Tom Hedler Named Rising Star by Super Lawyers.

FL: ADT Security Firm Adds On-Site Health Clinics for Workers and Their Families.

IL: Claimant's Attorney Kim Presbrey Passes Away.

IN: WCB Posts 2012 Self-Insurance Applications and Guidelines.

IA: Governor Vetoes Funding for WCD Chief Deputy Commissioner Position.

LA: Governor Signs HB 931 E-Filing of Injury Reports.

MI: Accident Fund Celebrates 100 Years of Services.

NE: WCC Notes Error in Medical Fee Schedule Effective 6/1/2012.

NY: NYCIRB Revises Tables of Excess Loss Pure Premium Factors Eff. 10/1/12.

NC: IC Announces EDI Trading Partners Training Dates.

OR: Lou Savage Appointed Oregon Insurance Commissioner.

OR: WCD Seeks Advisory Committee Members Re Rulemaking on EDI; Medical Bill Data.

OR: WCD Seeks Advisory Committee Members Re Disability Rating Standards Rules.

OR: DCBS Posts 1Q 2012 Workplace Fatality Report.

PA: Insurance Dept Levies $16.8M Fine Against AIG Re Premium Taxes, Assessments.

SC: WCC Sends Mediation Rules to General Assembly for Approval.

TX: DWC Finalizes Health Care Providers Pain Management (Opioid) Plan-Based Audit.

TX: High Court Upholds Substantial Verdict for Terminated Injured Worker.

WV: Governor Announces $2.7M Savings in Workers Comp Premiums.

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 29, 2012: Workers' Comp Insurance Trends 2012.

May 21, 2012: OSHA Regulatory Burden: New Study Debunks Theories.

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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