National Banner 2012 Chess Board
Vol. 3, Issue 30

Find Solutions & Strategies                               July 23, 2012

Dollar MagnifierCost Shifting of Workers' Comp Expenses   

 

Study says third parties pick up most of the bill 

In This Issue
-WC COST SHIFTING
-LARSON'S SPOTLIGHT: Risk of Employment, PTSD claim, Intoxication Presumption and Marijuana, Tort Action Against Employer
-NATIONAL CONFERENCE
-BLOGS AT THE WCLC: Fraud, CA physician-dispensed drugs
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From The Editor
Robin Kobayashi 2010

Dear Workers' Comp Community:

 

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Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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LRP National Workers Comp Conference 2012 combined

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cost shifting

Stahl, JohnCost-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.

Larson's spotlight: risk of employment

Tom Robinson thumbnail

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 Lawrence Pascal 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.

blogs at the lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter: Movin' On Good Buddy: Disabled Truck Driver Crosses State Line To Keep On Trucking, by LexisNexis Workers' Compensation Law Community Staff. Read it.   

 

 

 

Stahl, JohnCalifornia 2007 Reforms Reduced Costs of Physician-Dispensed Drugs: Study Shows Success Spawned Imitators, by John Stahl, Esq. Read it.

national news
state news

CA: Lawmaker Introduces Bill to Stem Prescription Drug Abuse.

CA: Attorney Loses Claim of "Significant Role" in Calif.'s Record WC Settlement.

CA: CalChamber Monitors Status of Workers Comp Bills That Would Impact Businesses.

CA: CHSWC to Reschedule August Meeting.

CO: DWC to Discuss Treatment Guidelines, Medical Fee Schedules at Aug. 15 Meeting.

FL: DWC Files Notice of Proposed Rule Making for FL WC Hospital Reimbursement Manual.

FL: DWC Proposes Rule Change Re Apportionment of Medical Reimb./Preexisting Condition.

IL: WCC Rejects Controversial State Trooper's Appeal Re WC Benefits.

NE: WCC Provides Guidance on AWW for Part-Time Workers.

NE: WCC Explains Need for MMI Before Voc Rehab Plan Can Be Approved.

NE: Legislature Seeks to Study Outcomes for Persons Receiving Voc Rehab.

NJ: Chief Judge Calderone Issues Memo on Medicare Conditional Payment and MSAs.

NY: Governor Announces Workers Comp Rate Reduction.

OK: State Legislator Testifies in His Workers Comp Case.

OR: WCD Posts Proposed Vocational Assistance to Workers Rules.

OR: WCD Posts Proposed Preferred Worker Program Rules.

OR: WCD Posts Proposed Employer-at-Injury Program Rules.

OR: WCD Posts Proposed Employer/Insurer Coverage Responsibility Rules.

OR: WCD Posts Proposed Oregon Medical Fee and Paymens Rules.

PA: DLI Streamlines State Workers Comp Insurance Fund, 24 Workers Laid Off.

TN: Employee Misclassification Advisory Task Force to Meet July 26.

TX: DWC Announces Recent Enforcement Actions.

UT: Labor Commissioner Appoints New Director of Adjudication Division.

VA: NCCI State Advisory Forum Scheduled for 9/30/2012.

WV: NCCI Proposes 9.1 Percent Decrease for Workers Comp Rates.

WV: NCCI State Advisory Forum Scheduled for 8/22/2012.

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 16, 2012: Debate Over Federal Standards to Guide Workers' Comp Systems.

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.

ACCESS 2010-2012 ARCHIVES AND ARTICLES LIST HERE.

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