National Banner 2012 Chess Board
Vol. 3, Issue 37

Find Solutions & Strategies                      September 10, 2012

Mobile workerThe New Mobile Workforce 
     

Telecommuters, Alternate worksites, Traveling employees, and "Extreme Mobile"

In This Issue
-MOBILE WORKFORCE
-LARSON'S SPOTLIGHT: Sick Building Syndrome, Wrongful Death, Retaliatory Discharge, Unexplained Fall
-FRAUD, CA REFORMS, DE SURGERY
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From The Editor
American Ribbon 

Dear Workers' Comp Community:

 

9/11: Never forget!

 

Over 17.2 million Americans are telecommuters. Count me in. What about you?

 

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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mobile workforce

Stuart Colburn 2The New Mobile Workforce: Telecommuters, Alternate Worksites, Traveling Employees, and "Extreme Mobile", by Stuart D. Colburn, Esq. The new mobile workforce raises many unique challenges in the world of workers' compensation. With respect to telecommuters, Larson's states: "When reliance is placed upon the status of the home as a place of employment generally, instead of or in addition to the existence of a specific work assignment at the end of the particular homeward trip, three principal indicia may be looked for: the quantity and regularity of work performed at home; the continuing presence of work equipment at home; and special circumstances of the particular employment that make it necessary and not merely personally convenient to work at home." Read more. 

 

At the 21st Annual National Workers' Compensation and Disability Conference®, Nov. 7-9, Stuart D. Colburn will speak and moderate on The New Mobile Workforce. Joining him are Roger A. Levy, Esq. and Alan S. Pierce, Esq. 

 

LRP National Workers Comp Conference 2012 combined 

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

Larson's on sick building syndrome

Tom Robinson thumbnail

Court Bars Medical Expert Testimony on Sick Building Syndrome, by Thomas A Robinson. It is axiomatic that reliance on lay testimony and administrative expertise is not justified when the medical question is no longer an uncomplicated one and "carries the factfinders into realms that are properly within the province of medical experts". On the other hand, just because a party has a purported export willing to testify as to the medical question at stake, that does not mean the expert is free to express his or her opinion; the opinion must be based generally upon generally accepted scientific and medical standards. Illustrating this important point, a Maryland appellate court recently...read more about this case and other cases on wrongful death, retaliatory discharge, and unexplained fall.

lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter: The Noodle Will Fight No More Firesby LexisNexis Workers' Compensation Law Community Staff. Read it.

 

  

 

 

Richard JacobsmeyerCalifornia Legislature Passes SB 863, by Richard M. Jacobsmeyer, Esq. Read it.

 

 

 

 

  

CassandraWalks on Water? A Parable About Surgery From the Delaware IAB, by Cassandra Roberts, Esq. Read it.

 

national news
state news

CA: Administrative Director Rosa Moran Resigns, Returns to WCJ Position.

CA: WCIRB Adjusts Rate Increase to 11.6 Percent.

CA: SCIF Restructures Broker Distribution Model.

CA: Brokers, Agents Speak Out About SCIF Restructure of Broker Distribution Model.

CO: Employers Worry About Workers Comp Rates With Hiring of More Workers.

CT: WCC Posts Annual Report.

IL: Judicial Training Set for Sept. 17-18.

IL: Governor Quinn Acts on Arbitrator Appointments.

LA: Governor Appoints Robert Israel to Workers Comp Advisory Council.

MA: WCRIBMA Post Rate Disapproval Circular Letter.

NV: WCS Posts Reminder Re PTD Annual Disbursements in October.

NH: DHHS Reports Medical Treatment for 54% of Work Injuries Paid by Workers' Comp.

NJ: LWD to Hold Hearing Oct. 1 on Proposed Increase in Maximum Benefit Rate.

NY: SWCB Files Emergency Rule Re IME Written Reports (p. 54).

NY: SWCB Files Latest Proposed Rule Re Pharmacy, DME Fee Schedules (p. 56).

OR: Patriot National Insurance Expands WC Business to Oregon.

OR: DCBS Reports 1.1 Accepted Disabling Claims Per 100 Oregon Employees in 2011.

OR: DCBS Updates 2011 Compensable Fatality Tables.

SC: High Court Denied WC Benefits to Stripper Shot in Bar Fight.

SC: WCC Approves Increase in Informal Conference Cost and Hearing Cost.

SD: Patriot National Insurance Expands WC Business to South Dakota.

TN: NCCI Files 2.3 Percent Loss Cost Increase.

TN: Ex-Titans Player Mawae Settles WC Claim for $114K Lump Sum.

TX: WCRI Issues New Report on Impact of Treatment Guidelines.

TX: DWC Post Changes to TXCOMP Health Care Provider System.

TX: DWC Announces New Medicare Administrative Contractor for Texas.

TX: DWC Seeks Input on Insurance Carrier/UR Agent Plan Based Audit.

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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.

 

September 4, 2012: The Future of Exclusive Remedy: Are Employers Still Protected?

August 27, 2012: The Status of Workers' Comp in the U.S.

August 20, 2012: Why Every Employer Needs a Post-Injury Response Procedure

August 13, 2012: The Case for Clear Guidelines for Nurse Case Managers

August 6, 2012: Love it or Hate it: Medicare Secondary Payer Enforcement Is Here to Stay

ACCESS 2010-2012 ARCHIVES AND ARTICLES LIST HERE.

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