National Banner 2012 Chess Board
Vol. 3, Issue 32

Find Solutions & Strategies                             August 6, 2012

Love Hate
Love It or Hate It . . .
     

Medicare Secondary Payer enforcement is here to stay 

In This Issue
-MSP ENFORCEMENT
-LARSON'S SPOTLIGHT: Retirement, Tort Action Against Carrier, Toxic Tort, Snake Bite
-NATIONAL CONFERENCE
-BLOGS AT THE WCLC: Fraud, DE case, MO case
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
The Complete Guide to Medicare Secondary Payer Compliance

 1575 2011 2012

Jennifer C. Jordan, Esq.

Editor-in-Chief

 

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2012 Edition includes:

Risk management issues

Specialty claims

State WCMSAs

MMSEA User Guide v. 3.4

CMS proposed rulemaking

& much more

 

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Offer expires 10/5/2012

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
medicare secondary payer

Jen Jordan March 2010 thumbnailLove It or Hate It: Medicare Secondary Payer Enforcement Is Here to Stay, by Jennifer C. Jordan, Esq. Progress is the theme of this year's update to The Complete Guide to Medicare Secondary Payer Compliance, 2012 Edition (available in October). Nothing has improved so much that people don't still cringe at the mention of MSAs, but after 10 years of frustration over CMS acting like a dictatorial monarchy, things have started to give a little. Beginning with CMS voluntarily and preemptively making some efficient and cost effective changes in the handling of low dollar liability settlements, we are now on the brink of getting official federal regulations to govern the handling of future medical allocations. This is where we finally find out if the United States Constitution really works. Read more.

Larson's spotlight: retirement

Tom Robinson thumbnail

Worker Awarded Additional Benefits When Retirement Not Voluntary, by Thomas A. Robinson. When a claimant is unable to obtain employment because of his or her physical condition, medical evidence that the claimant could perform such work if it were available generally will not defeat the status of total disability. Sometimes, however, there is an issue as to whether the claimant has withdrawn from the labor force altogether, as by devoting full time to obtaining an education, or by electing to retire. If the decision to retire is connected to the industrial injury, however, the claim will usually not be defeated. For example, an Ohio appellate court recently held that ...Read more about this case and other cases involving tort action against carrier, toxic tort & exclusive remedy, and snake bite.

barry bloom 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 Nov. 7-9, 2012. View the program agenda. 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 Barry Bloomspecial discount for all LexisNexis Workers' Compensation Law Community members. Community membership is free at our site. We are pleased to announce that LexisNexis author Barry Bloom will be speaking on A Blueprint for Successful High-Exposure Claims Closures, part of the claims management track at the conference.

blogs at the lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter: Check Cashing Scheme, by LexisNexis Workers' Compensation Law Community Staff. Read it    

  

 

 

 

Cassandra

Not Just Another Daddy's Girl....And a New Development on the Statute of Limitations in Delaware, by Cassandra Roberts, Esq. Read it

 

 

 

 

Martin KlugMissouri: Schoemehl Fix Doesn't Stop Benefits for Surviving Spouses, by Martin Klug, Esq. Read it

 

national news
state news

AL: Logger Bitten by Snake Denied WC Benefits.

AZ: ICA Posts 2012 Fee Schedule Summary of Commission Action.

CA: Defendants in Valdez v. WCAB Files Appeal With Supreme Court.

CA: WCIRB President Clarifies Role of New Working Groups.

CA: WCIRB Post Summary of 7/31/12 Classification and Rating Committee Meeting.

FL: DWC Proposes Rule Change for Benefits and Safe Working Environment by Self-Insurers.

MD: WCC Says 2012 Annual Insurance Information Report Now Available.

MD: WCC Accepting Comments on Average Weekly Wage Rules Through 8/27/12.

MA: HB 4304 Temporary Staffing Workers' Rights Bill Sent to Governor.

NE: Nine People Seek Open Spot on Workers' Comp Court.

NE: AG Seeks to Shut Down Assisted Living Facility for Lack of WC Coverage.

NJ: Supreme Court Upholds 2009 Workers Comp Reforms in Test Case.

NM: WCA Seeks to Fill Workers' Comp Judge Position.

NY: WCB Posts Clarification of Value of Board and Lodging for Purposes of AWW Calculation.

OR: DCBS Posts 2012 Quarterly Compensable Fatality Report.

PA: BWC Converting CIMS Open Claims to New Computer System (WCAIS).

TX: Texas Mutual Pays $1.6M Dividend to Texas Construction Associates.

TX: DWC Posts Draft Language of Notice Re Potential Entitlement to Death Benefits.

TX: DWC Proposes Rules Re Post Designated Doctor Treating Doctor Examination.

VA: WCRI Study Finds Medical Costs Per Claim Higher Than Most States and Rising.

WA: L&I Signals Rate Increase Needed to Replenish State Fund.

WA: Editorial Says More Workers Comp Reforms Needed If 2011 Reforms Not Working.

 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 30, 2012: Wellness Programs and Workers' Comp Costs.

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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