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Find Solutions & Strategies June 18, 2012 |
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 Fifth Circuit Muddies the Water in Hearing Loss Cases
Shouldn't the evidence adequately represent the actual noise claimant was exposed to in the workplace? | |
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| A Note From The Editor | |
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Dear WC Professionals:
Thanks to all our contributors for this week's issue: Stephen Embry, Esq., John E. Kawczynski, Esq., Thomas A. Robinson, J.D., and Martin Klug, Esq.
To sign up for this free weekly eNewsletter, click here. To read past issues, access the archives.
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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The Industry's Leading Training Event | 
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.*** | |
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hearing loss under lhwca | |
 I Can See Clearly Now, Just Can't Hear So Good, by Stephen Embry, Esq. In the study of the law styled jurisprudence, there are many schools of thought. Some students of the law believe that past cases predict the future and that precedent must prevail. In this philosophy, past words have meaning and are the expression of internal logic that controls and instructs us as to how current and future conflicts must be resolved. Others follow another road, believing that past cases are at best examples of isolated arguments that worked in the past and may be instructive of arguments that may be useful in the future. Read more.
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defense base act bill | |
 New Bill Proposes to Exclude Private Carriers from DBA Insurance Market, by John E. Kawczynski, Esq. Congressman Elijah E. Cummings (D-MD), the Ranking Member of the House Oversight and Government Reform Committee, has introduced the "Defense Base Act Insurance Improvement Act of 2012" (H.R. 5891) which would exclude private insurance carriers from the Defense Base Act insurance market. Instead, a new "Government Defense Base Act self-insurance program" would be created. Read more.
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| Larson's spotlight: non-dependency | |
Non-Dependent Spouse Precluded From Death Benefits and Barred From Bringing Death Claim, by Thomas A. Robinson. Where an employee with no dependents suffers fatal work-related injuries, an apparent paradox faces any non-dependent relatives in the vast majority of jurisdictions. On the one hand, the non-dependents are barred from recovery of statutory death benefits under the state Workers' Compensation Act. On the other hand, they are also barred from tort recovery... Read more about this case and other cases involving Fraud and Surveillance Video, Tort Action Against Sole Proprietor, and Statute of Limitations for PTSD Claim. |
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thomas a. robinson 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. LexisNexis author Thomas A. Robinson will be speaking on several panels, including 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. |
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| blogs at the lexisnexis workers' comp law community |
 Workers' Comp Fraud Blotter: NASCAR Sprint Cup Team Fined for Failure to Maintain Workers Comp Insurance, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 NCCI Study: States That Switch to AMA Guides Sixth Edition See Big Drop in Impairment Ratings, by Robin E. Kobayashi, J.D. NCCI has recently analyzed the impact of the AMA Guides Sixth Edition for three states that recently switched from the Fifth Edition to the Sixth Edition, finding a trend where substantial decreases in impairment ratings resulted. Read it.
Missouri: Uninsured Employeor Faces Wrongful Death Suit After Comp Settlement, by Martin Klug, Esq. Read it. |
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| state news | |
AZ: ICA Posts Public Comments on 2012 Physician, Pharmaceutical Proposed Fee Schedule.
AZ: ICA Posts Notice of Hearing Regarding One-Half Percent Assessment.
AR: NCCI Explains Approved 4.1% Decrease in Workers Comp Rates.
CA: DWC Releases Comments From Public Forums.
CA: DWC Posts TTD Rates for 2013.
CA: DWC Posts Updated Fact Sheet on Use of QMEs, AMEs.
CA: DWC Posts Corrected Exhibits to Annual Audit Unit Report.
CA: Governor Appoints Bloch, Bouma, Brady to CHSWC.
CA: Governor Appoints 3 to Cal-OSHA Board.
CA: WIAA Expands Carrier Portfolio to Include SCIF.
CA: 16 Insurance Bills Meet June 1 Deadline for Passage.
CA: AB 1687 Attorney's Fee Bill Approved by Senate Labor and Industrial Relations Committee.
CA: CalChamber Opposes AB 1687 Attorney's Fees, AB 1145 Frictional Costs Increase.
CA: Insurance Commissioner Issues Advisory Workers Comp Claims Cost Benchmark.
CA: AM Best Affirms A+ Rating of California Insurance Company and Its Affiliates.
DE: OWC Posts Reminder Re Updated UR Regulations Effective 6/11/12.
FL: DWC Posts 2012 Wage Loss Discount Factor Tables.
ID: IIC Posts 2012 Benefit Rates.
ID: IIC Posts Tips and Reminders Re Income Benefits.
IL: LexisNexis Author Kim Presbrey Honored by Colleagues, Friends at Memorial Service.
IN: WCB Posts Clarification on Permanent Partial Impairment Ratings to Shoulder and Hip.
IA: AIG to Pay $860K in Fines for Underreporting Workers Comp Premiums.
IA: Governor Appoints Nick Gerhart as New Insurance Commissioner.
LA: Governor Signs SB 367 Re Independent Medical Examinations, Utilization Review.
LA: Governor Signs HB 1083 Re Workers Comp Coverage for Prisoner Work Release Program.
LA: Governor Signs HB 126 Immunity for Advisory Council Members.
LA: Governor Signs SB 386 Medical Bill Payment.
ME: WCB Posts Summary of LD1913 Workers Comp Reform Legislation.
MD: Insurance Administration Collects $2M Fine From AIG.
MS: WCC Posts Notice Re Change to Workers Comp Law Eff. 7/1/2012.
MT: NCCI Says Impact of Workers Comp Reform "Trickling In".
NV: DIR Provides Guidance on Occupational Disease Claim Procedures.
NJ: Chief Judge Issues Memo on Attorney's Fees and CMS Conditional Payments.
NJ: Chief Judge Issues Memo on Discontinuing Judge Referrals to Div. of Voc Rehab.
NJ: Chief Judge Announces Enhancements Planned for COURTS Case Management System.
NY: Governor Cuomo Defends 11.5 Percent Workers Comp Rate Hike.
NY: NYCIRB Adopts Nonappropriated Fund Instrumentalities Act Coverage Endorsement.
NY: WCB Announces Suspension of Dr .Michael Palmer to Treat, Perform IMEs.
NY: Business Council Opposes Two Workers Comp Bills.
ND: WSI Says Computer Problems Creating Delay in Payment to Medical Providers.
OH: BWC Increases Funding for Safety Councils.
OH: BWC Sets Low, Stable Rates for Specialty Funds.
OR: WCD Explains Forms, Procedures Governing Vocational Assistance to Injured Workers.
OR: WCD Launches WCD Blog for Oregon Workers Comp Community.
OR: WCD Posts New Workers Comp Benefit Rates.
PA: Supreme Court Clarifies Statutory Employer for Workers Comp Purposes.
PA: Rudberg Law Offices Promotes Julie Wieczorek Fritsch to Partner.
RI: Dept of Labor & Training Proposes 6.75% Assessment Rate for Workers Comp Insurers.
SC: Governor Seeks to Stop Workers Comp Attorney From Reclaiming Senate Seat.
SC: WCC to Discuss Lump Sum Payment Awards at 6/18/12 Meeting.
TN: Supreme Court Awards Benefits for PTSD Claim Filed After More Than a Year.
TX: OWCC Posts Informal Working Draft Rules on Health, Safety, Accident Prevention.
WA: L&I Marks One-Year Anniversary of Stay-at-Work Program. |
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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.
June 11, 2012: Claimants' Narcotic Use Mismanaged.
June 4, 2012: Self-Insured Groups for Workers Comp.
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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