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Find Solutions & Strategies June 25, 2012 |
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 Compromising 'The Great Compromise'
Two experts claim many work-related disabilities go uncompensated | |
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| A Note From The Editor | |
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Dear WC Professionals:
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 | 
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***LexisNexis Workers' Comp Law Community members are eligible for a special discount.*** | |
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the great compromise | |
 Many Work-related Disabilities Go Uncompensated: Compromising "The Great Compromise", by John Stahl, Esq. Evidence that many workers' compensation claimants have not received payments under "The Great Compromise" - the bargain that traded the right to sue employers regarding employment-related harm for the right to timely and appropriate benefits - has prompted calls for reform. An article written by Emily A. Spieler and John F. Burton, Jr. in the June 2012 American Journal of Industrial Medicine analyzed this situation. Read more.
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| Larson's spotlight: tort action | |
Survivors of Deceased Employee Allowed to Bring Tort Action Against Uninsured Employer, by Thomas A. Robinson. In a 4-3 decision, the Supreme Court of Missouri recently reversed the decision of a state trial court that had held a workers' compensation award against a statutory employer barred a wrongful death claim against the deceased employee's uninsured employer. Finding that deceased employee's survivors had not made an election of remedies when they obtained the workers' compensation award against the statutory employer, the majority of the state high court held that the plain language of Mo. Rev. Stat. § 287.280.1 allowed...Read more about this case and other cases involving Illegal Aliens, Benefits for Old Workers, and Non-Dependent Spouse. |
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stuart colburn 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 Stuart Colburn will be speaking on several panels, including Causation, Misclassification, and the New Mobile Workforce. 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: This Friendly Bar Might Be Toby Keith's Kind of Place, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 Putting the Medicare Cards On the Table: Court Rules That L-MSA Not Required Per the Parties' Mediation Settlement Agreement, by Mark Popolizio, Esq. Read it.
Take Medicare Off That Check: Court Rules That Medicare Not Required to be on Settlement Check, by Mark Popolizio, Esq. Read it. |
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| state news | |
CA: SCIF Files First-Ever Tiered Rating Plan With Dept. of Insurance.
CA: CWCI: Calif. Hospitals Received Duplicate Payments for Spinal Surgeries.
CA: Ellen Flynn Appointed Associate Chief Judge, Southern California.
CA: WCIRB Releases Latest Summary of Policy Year Statistics.
CA: Insurance Commissioner Announces $32M in Grants to Fight Workers Comp Fraud.
FL: Court Upholds Constitutionality of Limitation on Benefits for Older Workers.
IL: Illinois to Receive $3.7M in AIG Settlement.
IL: IWCC Files Proposed Intoxication Rules.
IL: Zankel Joins IWCC as Deputy Counsel, FOIA Officer, Rate Adjustment Fund Attorney.
IL: General Counsel Ronald Rascia Elected President of IAIABC, Central States Association.
IL: IWCC Posts Changed Arbitration Assignments.
KY: Governor Appoints Three, Reappoints One as ALJs for Workers Comp.
LA: Governor Signs SB 205 Captive Insurance Changes.
LA: Governor Signs SB 430 Extends Developmental Injury Prescription Exception.
MA: DIA to Phase Out Hard Copy Mailing of Orders and Decisions.
MN: MWCIA Posts New State of the Market Charts.
MO: Missouri to Receive $1M in AIG Settlement.
NH: Governor Signs SB 286 Controlled Drug Prescription Health and Safety Program.
NY: Kenneth Martino of IWF Discusses NY Workers Comp Reform.
NY: WCB Announces Temporary Suspension of Dr. Charles Vallee.
NY: Court Denies Benefits for State Employee Involved in Fist Fight.
NC: House Subcommittee Approves Senate Changes to WC Insurance Coverage Bill.
NC: WCRI Says Workers Comp Hospital Outpatient Payments Growing Despite Reforms.
OH: High Court Says Injured Worker Must Recognize Unpaid Activities Constitute WC Fraud.
OR: WCD Publishes Attorney Fee Matrix Eff. 7-1-2012.
OR: WCD Posts Procedural Rules, Rulemaking, Hearings, Attorney Fees Eff. 7-1-2012.
OR: DCBS Posts 2011-2013 Laws Relating to Workers Comp, Safe Employment.
OR: DCBS Says Final Count for Fatal Injuries in 2010 Was 47.
OR: DCBS Posts Annual Report Re Oregon Court of Appeals on WC Cases.
OR: DCBS Posts New PPD Calculators.
TX: Supreme Court Rules Against Injured Workers' Bad Faith Lawsuit Against Insurer.
TX: AIA Issues Statement in Support of Supreme Court's Decision in Bad Faith Case.
TX: DWC Adopts Amendments to Medical Fee Dispute Resolution Procedures.
TX: DWC Says Fewer Comp Claims Include Opioids, Not-Recommended Prescriptions.
TX: DWC Commissioner Bordelon Issues Statement on Opioids and Workers Comp.
TX: DWC Posts Proposed Rules Re Preferred Provider Benefit Plans.
VT: Vermont to Receive $500K in AIG Settlement.
VA: WCC Rules Animal Clinic Must Pay for Former Worker's Rabies Treatment. |
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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 18, 2012: Muddying the Water in Longshore Act Hearing Loss Cases.
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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