National Banner 2012 Chess Board
Vol. 3, Issue 29

Find Solutions & Strategies                               July 16, 2012

Gavel DebateThe Debate Over Federal Standards to Guide Workers' Comp Systems  

 

Would federal standards kill state experimentation & competition among states? 

In This Issue
-FEDERAL DEBATE
-LARSON'S SPOTLIGHT: Change of Condition, WC Fraud, Tort Suit and Evidence of Workers' Comp Benefits
-LONGSHORE CONFERENCE
-NATIONAL CONFERENCE
-BLOGS AT THE WCLC: Fraud, CA opioids, DE permanency
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From The Editor
Robin Kobayashi 2010

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
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.*** 

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.

Larson's spotlight: change of condition

Tom Robinson thumbnail

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.

2012 annual longshore conference

Ralph Lorberbaum2012 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.

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 Roger LevyAdvisory 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.

blogs at the lexisnexis workers' comp law community

Fraud SignWorkers' 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.   

 

 

 

CWCICWCI Study Reveals a Recent Decline in the Use of Opioid Painkillers in California Workers' Comp. Read it.

 

 

 

 

Cassandra

A Double Dip of Permanency as Delaware Celebrates the Fourth of Julyby Cassandra Roberts, Esq. Read it.

national news
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.

New York Workers Comp 2012

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Top 25 Blogs 2011

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ENEWSLETTER ARCHIVES

ArchivesTake 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.

 

July 9, 2012: Impact of Affordable Care Act on Insurance Industry.

July 2, 2012: Health Care Reform Law Upheld.

June 25, 2012: Compromising "The Great Compromise".

June 18, 2012: Muddying the Water in Longshore Act Hearing Loss Cases.

June 11, 2012: Claimants' Narcotic Use Mismanaged.

ACCESS 2010-2012 ARCHIVES AND ARTICLES LIST HERE.

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