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Vol. 3, Issue 47

Find Solutions & Strategies                      November 19, 2012

Causation PuzzleCausation and Effect

 

Workers' comp experts discuss impact of rising costs on causation standards

In This Issue
-CAUSATION
-LARSON'S SPOTLIGHT: Exclusive Remedy, Fraud, Forfeiture of Future Disability Rights, Extraordinary and Unusual
-FRAUD, PREMISES RULE, PAYMENT W/O PREJUDICE, DRUG COCKTAIL
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor
Turkey Football
Dear Work Comp Community:

 

I hope you all have a wonderful Thanksgiving holiday!

 

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
causation

Stahl, JohnCausation and Effect: Workers' Comp Experts Discuss Impact of Rising Costs on Causation Standards, by John Stahl, Esq. Widespread confusion regarding the difference between medical causation and legal causation, and why one claim of compensable harm may be accepted while a virtually identical claim or other seemingly "clear cut" case is denied, motivated a November 8 session entitled "Causation: Medical Versus Legal Impairment and Mental Trauma" at the 21st Annual National Workers' Compensation and Disability Conference. Matt Schiff, Esq., of the law firm Schiff and Hulbert, Chicago, IL, moderated the session. The panel consisted of defense attorney Stuart Colburn, Esq., from Downs Stanford, Austin, TX, applicant's attorney Robert Rassp, Esq., Sherman Oaks, CA, and Larson's Workers' Compensation Law staff writer Thomas Robinson, J.D. from Durham, NC. Read more.

Larson's on exclusive remedy

Tom Robinson thumbnailMother of Injured Worker Dies From Stress Related to Comp Claim, by Thomas A. Robinson. An Indiana appellate court recently reversed a trial court's decision that refused to grant summary judgment to a workers' compensation carrier and a case worker who had been sued by the surviving spouse/personal representative of a woman whose death, claimed the spouse, was caused by their allegedly "extreme and outrageous conduct" in handling a workers' compensation claim related to the couple's adult son. Read more about this exclusive remedy case & other cases on fraud, forfeiture, and extraordinary and unusual.

lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter: Injured Worker Used Wife's Social Security Number To Hide Out-Of-State Jobs.  Read it.  

 

 

 

 

CassandraThey've Paved Paradise and Put Up a Parking Lot...a Delaware Primer on the Premises Rule, by Cassandra Roberts, Esq. Read it

 

 

 

 

CassandraThe Thanksgiving Post: Better Late Than Never Does Not Apply to Delaware "Payment Without Prejudice", by Cassandra Roberts, Esq. Read it

 

 

 

 

Martin KlugMissouri: Court Dilutes Claimant's Drug Cocktail, by  Martin Klug, Esq. Read it.

national news
state news

AK: WCB to Conduct Public Meeting Dec. 13 on Medical Costs, Cost Drivers.

CA: DWC Posts FAQs Re SB 863.

CA: DWC Appoints More Members to Medical Treatment Guideline Advisory Committee.

CA: CHSWC Posts Injury and Illness Prevention Program Resources.

CA: DWC Issues Second 15-Day Notice Re Inpatient Hospital Fee Schedule Changes.

CA: DWC Accepting Nominations for 2013 Carrie Nevans Community Service Awards.

CA: WCIRB Testifies at Dept. of Insurance Public Hearing.

CA: WCIRB Announces Free Experience Modification Service Online Website.

CA: DOJ Arraigns Man for Fraud, Money Laundering Re Tribal WC Insurance.

CO: Ins. Dept. Says Employers to See Hike in WC Premiums.

CO: Pinnacol Board Approves 9.5 Percent Rate Increase for 2013.

DE: Hearing for WC Rate Increase Pushed to Dec. 20.

DE: OWC Clarifies Physician/Pharmacy Dispensed Drugs Reimbursed at 100% AWP.

FL: Police Officer Resigns After Being Investigated for Workers Comp Fraud.

GA: NCCI Says Lost Time Claim Frequency Increased 6.3% in 2010.

HI: HEMIC CEO Warns of Rising Medical Costs.

IL: Fee Schedule, Intoxication Rules Now in Effect, Repackaged Prescriptions Pending.

KS: Ins. Commissioner Approves Aetna Purchase of Coventry Health Care of Kansas.

ME: Bureau of Insurance Approves Decrease in Workers Comp Loss Costs.

MD: WV-Based BrickStreet Mutual to Expand Into Maryland Market.

MI: WCA Clarifies Communication Re Insurers With Service Company or TPA.

NH: SAU 21 Joint Board Wants to Know Its Share of $52M LGC Order.

NH: High Court Affirms Lump Sum WC Settlement Is Subject to Distribution on Divorce.

NJ: Employers Urge Lawmakers to Help Reduce Workers Comp Premiums.

NJ: 23rd Annual Workers' Comp Bench-Bar Conference to Be Held 12/12.

NM: NCCI Reports Average PPD Indemnity Cost Lower Under AMA Guides 6th Edition.

NY: WCB Proposes Medical Treatment Guidelines Addition and Improvements.

NY: NYWCA Report Says WC Costs for Businesses Have Declined for Past 2 Decades.

OH: BWC Investigations Result in 9 Workers' Comp Fraud Convictions. 

OK: Labor Commissioner Says Adversarial WC System Discourages OK Businesses.

OK: Claimant's Attorneys Blast Labor Commissioner's Proposal to Overhaul WC System.

OR: WCD Updates Report on Occupational Safety & Health in Oregon's Forests.

OR: WCD Seeks Advisory Committee Members Re Employer-at-Injury Program Rules.

PA: WV-Based BrickStreet Mutual Expands Into Pennsylvania Market.

SC: Governor Appoints Ray Farmer as Insurance Commissioner.

TX: New Study Released on Health Care Cost, Utilization in Workers Comp System.

TX: DWC Adopts New Plain Language Notice Re Death Benefits.

UT: Labor Commission Proposes 2 Percent Attorney Fee Increase.

VA: WCRI Says Medical Costs Per Claim Higher Than Most States, Rising Faster.

 

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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 12, 2012: The Role of Age Regarding Workers' Comp May Be Exaggerated.

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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