A Note From The Editor |
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Dear Workers' Comp Community:
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Sincerely, Robin E. Kobayashi, JD
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federal debate |
Experts Debate Need for Federal Standards to Guide Workers' Compensation Systems. In the Spring 2012 edition of the IAIABC Journal, John F. Burton, Jr. J.D., Ph.D., Gregory Krohm, Ph.D., and Douglas J. Holmes, J.D. participated in a roundtable discussion of topics that included the relationship between the federal Social Security Disability (SSDI) program and state workers' compensation systems. Much of the debate revolved around Burton advocating federal standards (i.e., guidelines, and not outright federalization) for workers' compensation, and Krohm and Holmes supporting the current decentralized system. Read more. |
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Larson's spotlight: change of condition |
Gradual Worsening Over Time Constituted Change of Condition, Not New Injury, by Thomas A. Robinson, J.D. No matter how competent a commission's diagnosis of claimant's condition and earning prospects at the time of hearing may be, that condition may later change markedly for the worse, or may improve, or may even clear up altogether. Under the typical award in the form of periodic payments during a specified maximum period or during disability, the objectives of the workers' compensation legislation are best accomplished if the commission can increase, decrease, revive, or terminate payments to correspond to a claimant's changed condition. The "change in condition" which justifies reopening and modification is ordinarily a change, for better or worse, in claimant's physical condition. Read more about this case and other cases involving Workers' Comp Fraud, and Tort Suit and Evidence of Workers' Comp Benefits. |
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2012 annual longshore conference |
2012 Annual Longshore Conference, by Ralph R. Lorberbaum, Esq. A record crowd of 342 were in attendance at the 34th Annual Loyola Longshore Conference held in New Orleans on March 15 and 16, 2012. Excellent speakers presented well-prepared papers and oral presentations on a number of important and relevant topics. Judge Paul Johnson, Jr., Associate Chief Administrative Law Judge for Longshore, was present to give an update as to what was happening in Washington at the United States Department of Labor. Judge Johnson explained that his office has been inundated with whistleblower and immigration cases, which have caused delays in handling and deciding the LHWCA and DBA claims. Judge Johnson encouraged all practitioners to continue using ADR and other resolution methods to resolve their claims. Read more.
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roger a. levy 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 Roger A. Levy will be speaking on 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: High Heels and Romance In the Park Lead To Arrest For Insurance Fraud, by LexisNexis Workers' Compensation Law Community Staff. Read it.
CWCI Study Reveals a Recent Decline in the Use of Opioid Painkillers in California Workers' Comp. Read it.

A Double Dip of Permanency as Delaware Celebrates the Fourth of July, by Cassandra Roberts, Esq. Read it. |
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state news |
AK: Governor Appoints Stacy Allen to Workers Compensation Board.
CA: Insurance Commissioner Announces 104 Enforcement Actions Involving Contractors.
CA: Governor Signs Bill Allowing Hands-Free Driver Texting.
CA: Governor's Budget to Trim Number of Unemployment Insurance Appeals Board Members.
CA: Three Calif. Cities Have Declared Bankruptcy This Summer.
CT: WCC Announces 2012 Fee Schedule Effective 7/15/2012.
FL: DWC Proposes Changes Re Out-of-State Employers w/Construction Projects (p. 2757).
FL: DWC Proposes New Rule Re Notice of Apportionment to Claims Administrators (p. 2756).
FL: DWC Proposes Rule Changes Re Reimbursement Manual for Hospitals (p. 2758).
FL: DWC Proposes Rule Changes Re Medical Services Billing, Filing and Reporting (p. 2759).
FL: DWC Proposes Rule Changes Re Health Care Provider Certification (p. 2761).
GA: Doctors Seek to Replace Medical Malpractice System, Patterned After Workers Comp.
IL: ITLA President Demands Insurance Industry Reform Needed for Workers Comp System.
IL: 90-Day Suspension Recommended for Ex Parte Communication With WC Arbitrator.
IL: IWCC Posts Links to New Liquidation Orders of Insurers, Workers Comp Pools.
IL: Dept of Insurance Proposes Rules on Data Collection, Reporting by WC Insurers.
LA: LWCC Names Gerald Hoppe as Chief Internal Auditor.
MA: DIA Accepting Applications for Eight Administrative Judges.
MO: Governor Signs Bill Barring Some Cases of Workers Comp Co-Employee Liability.
MO: Former CEO for MEM, St. Louis Attorney Sentenced for Misappropriation of Funds.
NV: WCS Proposes Rule to Address Apportionment of Prior PPD Awards.
NY: WCRI Hosts Webinar Monitoring 2007 NY Workers Comp Reforms.
OH: Industrial Commission Temporarily Alters Docketing and Continuances.
OK: WCC's New Handbook Now Available for Purchase.
OR: WCD Seeks Comments on Rules Re Procedure, Rulemaking, Hearings, Attorney Fees.
RI: New Workers Comp Medical Fee Schedule Published.
SC: Supreme Court Denies Workers Comp Stress Claim for Police Officer Who Killed Suspect.
TX: Court Affirms Fraud in Workers Comp Coverage Provided to Staff Leasing Company.
TX: DWC Post Latest Rule Book Supplement.
TX: DWC Adopts Designated Doctor Procedure, Requirements Rules.
TX: DWC Posts Revised, New Designated Doctor Forms.
WV: New Maximum/Minimum Benefit Rates Effective 7/1/2012. |
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