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Dear Workers' Comp Community:
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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***LexisNexis Workers' Comp Law Community members are eligible for a special discount.*** | |
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ACA impact on insurance industry | |
The Impact of the Affordable Care Act on the Insurance Industry, Including Workers' Compensation. In an interview with wrintv.com, Dr. Robert Hartwig of the Insurance Information Institute gave a rundown on the impact of the ACA on the insurance industry, now that the Act has been declared constitutional by the U.S. Supreme Court. Read more. |
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Larson's spotlight: intentional wrong | |
Employer's OSHA Violation Falls Short as Substantial Evidence of Intentional Wrong in Tort Action, by Thomas A. Robinson. Relying upon its earlier decision in Millison v. E.I. du Pont de Nemours & Co., in which the Supreme Court of New Jersey adopted the "substantial certainty" rule, the state high court nevertheless reversed the decision of a lower appellate court which had found, on the basis of the employer's OSHA violation, that there was substantial evidence of an intentional wrong. The Supreme Court indicated that also under Millison, it had held that a probability or knowledge that injury or death could result was not sufficient to demonstrate an intentional wrong. Read more about this case and other cases involving Offset of Wage Loss Benefits, Injury During Work Break, and Slip and Fall in Company Lot. |
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ama guides tip | |
 Understanding the DRE Gap, by Robert G. Rassp, Esq. There is significant confusion in the workers' comp community about whether a spinal injury should fall into a DRE category I, II, or III. Carefully read the instructions in the AMA Guides Fifth Edition, Ch. 15, Sec. 15.3, p.383, where the authors distinguish the categories. Consider the DRE gap: Category I assumes that people with a sprained back recover within 6 months to 1 year, justifying a 0% WPI. But the reality is that there are patients who intermittently have symptoms, such as muscle spasms, muscle guarding, decreased range of motion, etc., and their ADLs are significantly affected for many years. Some physicians try to avoid the DRE gap by ... Read more.
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brad bleakney 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. Larson's  Advisory Board Executive Committee member Brad Bleakney will be speaking on Legal Triage. 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: Washing and Detailing Cars and Pickup Trucks While on Disability Leads to Conviction, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 As the Temperature Climbs, So Do the Rates: DE Dept. of Labor 2012-2013 Rates Released, by Cassandra Roberts, Esq. Read it.
 Missouri: Court Rejects Co-employee Liability in Wrongful Death Claim, by Martin Klug, Esq. Read it.
 West Virginia Supreme Court Applies Special Employer Rule to Find Temporary Employer Immune From Common Law Suits, by H. Dill Battle, III, Esq. Read it.
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Impact of Affordable Care Act on Insurance Industry 
