National Banner 2012 Chess Board
Vol. 3, Issue 40

Find Solutions & Strategies                         October 1, 2012

Caution arrowHow to Achieve a Desirable 'Mod'
     

Best practices for workers' comp insurers to avoid increases in future premiums

In This Issue
-EXPERIENCE MODIFICATION FACTOR
-LARSON'S SPOTLIGHT: Company vehicle, wrongful death, minimal income, retaliatory discharge
-FRAUD, 'PANTS ON FIRE' DEFENSE
-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
experience modification factor

Stahl, JohnHow to Achieve a Desirable Experience Modification Factor Under NCCI's New System, by John Stahl, Esq. A recent Risk & Insurance webinar entitled "Big Changes Coming in Workers' Compensation Premiums" stresses that actively reducing your "Experience Modification Factor" ("mod") today should reap disproportionately high reductions in workers' compensation insurance premiums tomorrow. The corollary is that not taking that initiative likely will dramatically increase future premiums. Read more.

Larson's on company vehicle

Tom Robinson thumbnailGratuitous Furnishing of Company Truck Insufficient to Bring Travel Within Course and Scope of Employment, by Thomas A. Robinson. If the trip to and from work is made in a truck, bus, van, car, or other vehicle under the control of the employer, an injury during that trip is ordinarily incurred in the course of employment. Some states have created an exception, however, where the provision of the vehicle was on an informal and gratuitous basis. In that regard, a Texas appellate court recently reversed a final judgment rendered in favor of the widow on her claims for workers' compensation benefits where the evidence showed that the employer provided the employee with a company truck, but failed to establish why the truck was furnished. Read more about this case and other cases on wrongful death, minimal income for PTD benefits, and retaliatory discharge.

lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter:  Businessman Convicted in $3.1M Workers' Comp Fraud Case, by LexisNexis Workers' Compensation Law Community Staff. Read it. 

 

 

 

Martin KlugMissouri: Commission Douses "Pants on Fire" Defense, by Martin Klug, Esq. Read it. 

 

 

national news
state news

AK: Same Sex Partner Seeks Workers Comp Death Benefits in Workplace Shooting Case.

CA: WCIRB to Amend Rate Filing to No Rate Increase for 2013.

CA: WCIRB Actuarial Committee Refines SB 863 Evaluation.

CA: Governor Signs AB 2219 Re Contractor Workers Comp Insurance Coverage.

CA: Governor Signs SB 1105 re Workers Comp Liens.

CA: Governor Signs AB 1844; Protects Social Media Use by Employees, Job Applicants.

CA: Governor Signs AB 1794 re Contractors' Payroll Duties.

CA: Governor Signs AB 2069 re Peace Officer Benefits.

CA: SCIF Cuts 2,900 Jobs, Avoids Lay Offs.

CA: City of Los Angeles Spent $65M in 2010-2011 on LAPD Workers Comp Claims.

CT: WCC Posts Latest Workers Comp Benefit Rate Tables.

HI: DLIR Announces New Policy to Prevent Payments to Dead Workers.

IA: Insurance Division Announces Second Injury Fund Assessment.

IL: State AG Files Lawsuit Against Driver in Auto Accident With State Employee.

IL: Amiel Harper Joins IWCC as Counsel to Self Insurers Advisory Board.

IN: Dept of Insurance Approves IRCB's Advisory of 5% Overall Premium Rate Increase.

ME: MEMIC Announces $13M Dividend to Policyholders.

MD: IWIF Posts Summary of 2012 Workers Comp Legislation.

MT: Head of Montana State Fund Says Too Early to Tell if 2011 Reforms Working.

NH: LGC's Petition for Rehearing Denied; LGC to Appeal to Supreme Court.

NY: Governor Cuomo Recent Picks Favor GOPs for SWCB, NY Insurance Fund.

NY: WCA Responds to PERMA's Report Re WC Assessments Considered a Tax.

NY: SWCB Announces eClaims Training Schedule for Mandatory eFiling Process.

NC: IC Publishes Adopted Rules; Currently Under Review by Office of Admin Hearings.

OH: BWC Selects Managers to Diversify Investments in Commercial Real Estate.

OR: PRIUM's SVP Mark Pew to Keynote Oregon WC Educational Conference.

OR: WCD to Hold Hearing on Attorney Fee Rule Changes.

OR: WCD Publishes Final Rules Re Medical Fee and Payments.

OR: WCD Amends Bulletin on Retroactive Program Benefits Effective 10/1.

OR: WCD Issues Addendum to Bulletin on Retroactive Program Benefits.

TX: Texas Medical Board Temporarily Bars Workers Comp Doctor From Practicing Medicine.

TX: DWC Accepting Comments on Proposed New Rule on Treating or Referral Doctor Exams.

TX: DWC Posts New Discount Rate, Interest Rate for 10/1/12-12/31/12.

TX: DWC Announces Doctor Cut in 2010 From WC System Indicted by US DOJ.

WA: Disability Advocate Says Failed Initiative, WC Reforms Paying Off With Lower Rates.

WV: BrickStreet Still Owns More Than Half of State's Workers Comp Business.

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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 24, 2012: Amputated Fingertips, Marijuana & Oxycontin Vapors: Intoxication

September 17, 2012: Co-employee Immunity Case With a No Liability Settlement Twist

September 10, 2012: The New Mobile Workforce

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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