National Banner 2012 Chess Board
Vol. 3, Issue 46

Find Solutions & Strategies                      November 12, 2012

Old Young WorkersRole of Age in Workers' Compensation

 

New study suggests younger and older employees' claims are comparable

In This Issue
-AGING WORKFORCE
-LARSON'S SPOTLIGHT: RICO, Ex Parte Communication, Penalties, Reemployment
-FRAUD, SETTLEMENT
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor
 Robin Stuart

Dear Workers' Comp Community:

 

It was great to see everyone at the National Workers' Comp & Disability Conference in Las Vegas! Here I am with one of my favorite speakers, LexisNexis author Stuart Colburn, Esq. from Texas.

 

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
the aging workforce

Stahl, JohnRole of Age Regarding Workers' Compensation May Be Exaggerated: NCCI Suggests Younger and Older Employees' Claims Are Comparable, by John Stahl, Esq. Recent research by the National Council on Compensation Insurance, Inc., (NCCI) questions the belief that the aging American workforce is at the eye of the perfect storm related to workers' compensation claims. The anticipated increases in care provided (and the resulting increased shortage of medical providers) under Obamacare, high prescription drug costs related to physician dispensing and opioid abuse, and the extended recovery time and other characteristics of knee and back injuries are widely believed to be exacerbated as people become older. Read more.

Larson's on RICO

Tom Robinson thumbnailState Cannot Limit the Scope of a Federal RICO Cause of Action, by Thomas A. Robinson. Reversing a decision by the U.S. District Court for the Eastern District of Michigan that had dismissed plaintiffs' RICO case against a former employer, its 3rd-party administrator, and a doctor, the 6th Circuit Court of Appeals recently held that the Federal Constitution's Supremacy Clause preempted a state legislature from eliminating a RICO remedy simply by declaring its workers' compensation scheme to be exclusive of federal remedies. Read more about this case and other cases on ex parte communication, penalties, and reemployment.

lexisnexis workers' comp law community

 

Martin KlugMissouri: Claimant's Death Did Not Unravel Settlement Offer, by  Martin Klug, Esq. Read it.

national news
state news

AZ: IC Claims Division Releases Average Monthly Wage Procedure Eff. 12/3/2012.

CA: DWC Posts Draft SB 863 Rules Re SJDB, Doctor Predesignation, Chiropractic PTP.

CA: DWC Announces Nov. 14 Meeting Re Changes to Physician Fee Schedule.

CA: CDI to Hold Public Hearing on 11/16 Re Jan. 1 Pure Premium Rate Filing.

CA: DWC Opens Registration for 20th Annual Educational Conference.

CA: Contra Costa County to Receive $1.3M in Grant Funds to Fight Insurance Fraud.

CT: Dept. of Labor Issues Stop Work Orders to 16 Companies.

GA: Governor Appoints Gobeil to State Board of Workers' Compensation.

GA: High Court Backs Employer's Access to Injured Worker's Health Information.

IA: Insurance Commissioner Approves WC Rate Increase.

LA: Court Affirms Certification of Healthcare Providers Class Action Re Silent PPOs.

MI: Judge Rules Injured Worker Has Right to Have Case Heard Locally.

MI: Accident Fund Celebrates 100th Anniversary.

MI: Attorney Alex Berman's Blog Honored as a LexisNexis Top 25 Workers' Comp Blogs.

MN: DLI Posts Tentative Timetable for 1/1/2014 Electronic Data Interchange Implementation.

MS: WCC Posts Revised Procedural Rules Effective Nov. 1.

MO: Attorney General Seeks to Fix Second Injury Fund.

NE: WCC Posts Information on Courtroom Technology.

NE: WCC Posts Notice, Agenda for Public Meeting Dec. 13.

NY: WCB to Consider Applications to Excuse Delay/Default Caused by Hurricane Sandy.

NY: WCB Posts 2013 Hearing Schedule.

NY: Court Affirms WCB on Boxer's Misrepresentation of Workplace Injury.

NY: 2012 Acute Case Inpatient Rates, Exempt Hospitals, Detoxification Inpatient Rates.

NC: IC Says Enhanced Document Portal With Pay-Later Capability Now Available.

NC: Insurance Commissioner Approves Decrease in Loss Costs.

OH: Sarah Morrison Appointed BWC Chief Legal Officer.

OH: Injured Casino Workers Argue Casino's Self Insurance Program Shouldn't Apply to Them.

OR: WCD Posts Revised Elective Surgery Notification Form.

OR: WCD Posts Revised Version of PTD Calculator.

OR: WCD Reports Total WC Defense Legal Costs Decreased 6% in 2011.

OR: MAC to Discuss Opioid Position Paper at Nov. 16 Meeting.

PA: Former Volunteer Firefighter Acquitted on Fraud Charges.

TN: Governor, GOP, Business Groups Not in Total Agreement on Extent of WC Reforms.

TX: DWC Seeks Input on Medical Quality Review CY 2013 Annual Audit Plan.

TX: DWC Amends Rules Re Reporting Standards and State Specific Requirements.

TX: DWC Announces Recent Enforcement Actions.

TX: DWC Reports Rate of Nonfatal Injuries/Illnesses in Private Sector Unchanged in 2011.

TX: AG Opinion Addresses Concealed Hand Guns in Vehicles on Employer Parking Lots.

TX: WCRI Study Finds WC Costs Per Claim Declined Following Several Years of Growth.

TX: High Court Renders Judgment for Insurer, Reverses Award in Back Injury Case.

VA: High Court Rules Estate of Asbestos Victim Not Barred by WC Act From Suing Shipbuilder.

WA: L&I Offering Free Emergency Washing/Eyewash Workshops for Employers.

WA: L&I Says Surprise Sweep of 63 Work Sites Uncovers Unregistered Contractors.

 

1439 2012
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Top Blog 2012

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1575 2012

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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.

 

November 5, 2012: Impact of Affordable Care Act on Prescription Drug Costs.

October 29, 2012: Evidence of Ethnic Bias in Workers' Comp Awards

October 22, 2012: Top 25 Blogs for Workers'  Comp; Longshore Act Hieroglyphics

October 15, 2012: 50 State & DC Premium Rate Rankings

October 8, 2012: High Costs of Long-Term Opioid Use.

October 1, 2012: How to Achieve a Desirable Experience Modification Factor

ACCESS 2010-2012 ARCHIVES AND ARTICLES LIST HERE.

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