National Banner 2012 Chess Board
Vol. 3, Issue 31

Find Solutions & Strategies                               July 30, 2012

Blueprint for HIPAA & ADA Compliant Wellness Programs   

 

Employer-sponsored outcomes-based wellness programs can reduce workers' comp costs 

In This Issue
-WELLNESS PROGRAMS
-LARSON'S SPOTLIGHT: Bad Faith, Incarceration, Borrowing Employer, Causation of Injury
-WORK COMP, TEXAS STYLE
-NATIONAL CONFERENCE
-BLOGS AT THE WCLC: Fraud, DE cases, KY cases
-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
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LRP National Workers Comp Conference 2012 combined

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Solutions for Opioid Crisis

Regional Differences Sessions

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Cutting Edge, But Practical Solutions

 

***LexisNexis Workers' Comp Law Community members are eligible for a special discount.*** 

wellness & workers' comp costs

Stahl, John

Blueprint for HIPAA and ADA Compliant Wellness Programs: Encouraging Good Health Reduces Workers' Compensation Expenses, by John Stahl, Esq. The article "Guidance for a Reasonably Designed, Employer-Sponsored Wellness Program Using Outcomes-Based Incentives" in the Journal of Occupational and Environmental Medicine demonstrates how employer-sponsored outcomes-based wellness programs (wellness programs) reduce workers' compensation and other employment-related healthcare costs. Read more.

Larson's spotlight: bad faith

Tom Robinson thumbnail

Court Dismisses Injured Worker's Tort Action Against Carrier for Five-Month Delay in Medical Benefits, by Thomas A. Robinson. A Texas appellate court recently affirmed the dismissal of a tort claim filed against a workers' compensation carrier, another defendant (Southwest) that had provided administrative services, and a physician alleging that the trio were liable for damages under common-law bad faith, statutory bad faith, and fraud theories associated with the carrier's delay of five months in paying benefits to the plaintiff-worker. Read more about this case and other cases involving incarceration, borrowing employer, and causation of injury.

workers' comp, texas style

Stuart Colburn 2Albert BettsWorkers' Comp, Texas Style: A Highly Regulated System in a Pro-Business State, by Stuart D. Colburn and Albert Betts, Jr. Cotton, cattle and oil were the primary economic engines when Texas first adopted workers' compensation. In the 100+ years since, the economy and workers' compensation laws have changed dramatically. The shift from an agricultural to a manufacturing and then to an information based economy changes the frequency and type of injuries sustained at work. Health insurance, Medicare/Medicaid, and disability insurance alter the landscape of both a social safety net for employees and higher costs for employers. Read more.

richard m. jacobsmeyer to speak at national workers' comp conference

LexisNexis has partnered with the National Workers' Compensation Conference to create an enhanced legal Richard Jacobsmeyertrack for attorneys and other workers' comp  professionals. LexisNexis author Richard M. Jacobsmeyer will be speaking on Medical Treatment Issues: A Comparison of Jurisdictional Differences. 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: School Custodian Sells Houses While On Disability, by LexisNexis Workers' Compensation Law Community Staff. Read it    

  

 

 

CassandraCan't Buy Me Love: Appellate Attorney's Fee Claim Whittled Down by Delaware Court, by Cassandra Roberts, Esq. Read it.

 

 

 

 

CassandraBrain Teaser: A New Take on Head Trauma and Related Impairment in Delaware, by Cassandra Roberts, Esq. Read it.

 

 

 

 

MarcusRolandKentucky Workers' Comp Board Opinions for July 2012, by Marcus Roland, Esq. Read it.

 

national news
state news

AK: High Court Denies WC Benefits to Health Care Worker Splashed by HIV Patient's Fluids.

CA: Calif Private Self-Insured Claim Frequency Flat in 2011; Incurred Losses Rose $25M.

CA: State Fund Issues First Dividend in Over Ten Years.

CA: WCIRB Classification & Rating Committee to Meet 7/31/12.

CA: WCIRB Actuarial Committee to Meet 8/2/12.

CA: CHSWC Meeting Rescheduled for 9/6/2012.

CA: DWC Posts Ethics Advisory Committee 2011 Annual Report.

FL: CFO Announces Arrests in Workers Comp Fraud Check Cashing Scheme.

ID: Advisory Committee to Discuss Lump Sum Settlements, Notices, Adjusting.

IL: PCIA Supports Rule Change Re Markups of Physician Dispensed, Repackaged Drugs.

IL: Exclusive Remedy Rule Bars Claim of Borrowed Employee's Widow.

IL: WCC to Update Commission Review Board Procedures (p. 11719).

IL: WCC to Review Procedures re Disqualification of Arbitrators, Commissioners (p. 11720).

IL: Inspector General Denied Access to Chicago's Workers Comp Databases.

IL: Editorial Calls for End to "Stonewalling" on Workers Comp Data.

KS: Governor Signs Proclamation Marking 22nd Anniversary of Americans with Disabilities Act.

KY: Governor Hails Landmark Prescription Drug Abuse Bill Now in Effect.

NJ: County Employee Awarded WC Benefits for Injury in Employer Parking Lot.

NY: SWCB Votes to Keep Verbatim Record of Hearings Using Audio Recorders.

OH: BWC Board of Director Structure Committees, Welcomes New Members.

OH: BWC Pharmacy Efforts Aim to Aid Injured Workers.

OK: State Lawmaker Awarded WC Benefits for Vehicle Crash.

OR: Insurance Division Files WC Premium Audit, Classification Notice Rules.

TX: Texas Mutual Distributes $150M Dividend Among Policyholders.

TX: DWC Adopts Rules Re Subscribers/Non-Subscribers, Self-Insured Political Subdivision.

TX: DWC Provides Overview of New and Amended Designated Doctor Rules, Forms.

TX: DWC Proposes Rules Relating to Medical Quality Review Panel.

TX: DWC Announces Dates for 2012 TX Workers' Comp Compliance Conference.

TX: DWC Posts Pharmacy Closed Formulary Sample Notification Letters for Legacy Claims.

TX: DWC Approves 9 to Self-Insure for Workers Compensation Claims.

 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 23, 2012: Cost Shifting of Workers' Comp Expenses.

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".

ACCESS 2010-2012 ARCHIVES AND ARTICLES LIST HERE.

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