cost shifting |
Cost-Shifting of Workers' Compensation Expenses: Study Says Third Parties Pick Up Most of the Bill, by John Stahl, Esq. A study that J. Paul Leigh, Ph.D., and James P. Marcin, MD, MPH conducted addressed cost shifting that occurred when the workers' compensation system did not absorb the entire cost of a compensable incident. They reported their findings in an article entitled "Workers' Compensation Benefits and Shifting Costs for Occupational Injury and Illness" in the Journal of Occupational and Environmental Medicine. Arguably compensable costs were often shifted to: Non-workers' compensation insurance; Medicare; Medicaid. The research included the full range of benefits that workers' compensation provided claimants. Read more.
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Larson's spotlight: risk of employment |
Restaurant Waiter's Choking on Quesadilla Was Not Actual Risk of Employment, by Thomas A. Robinson, J.D. The heart of every compensation act, and the source of most litigation in the compensation field, is the coverage formula. For than four-fifths of the states and the Longshore and Harbor Workers' Compensation Act have adopted the entire British Compensation Act formula: injury "arising out of and in the course of employment." As noted by Arthur Larson, "[f]ew groups of statutory words in the history of law have had to bear the weight of such a mountain of interpretation as has been heaped upon this slender foundation." Read more about this case and other cases involving PTSD claim, Intoxication Presumption and Marijuana, and Tort Action Against Employer. |
lawrence pascal 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 member and LexisNexis author Lawrence Pascal will be speaking on 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. |