National Banner 2012 Chess Board
Vol. 3, Issue 48

Find Solutions & Strategies                      November 26, 2012

Misclassification 1099 Tax FormMisclassification of Employees

 

Experts explain high cost of employment fraud
 

In This Issue
-MISCLASSIFICATION
-LARSON'S SPOTLIGHT: Causation, Total Permanent Disability, Viagra, Substantially Certain
-NEW YORK REFORMS
-FRAUD, PAYMENT w/o PREJUDICE, MEDICAL EXPENSES
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor
Robin Kobayashi 2010
Dear Work Comp Community:

 

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Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
The Bible of NY Comp Law

New York Workers Comp 2012

By Ronald E Weiss

and Ronald Balter

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misclassification

Stahl, JohnMisclassifying Employees Extends Beyond Making Employees Independent Contractors: Experts Explain High Cost of Employment Fraud, by John Stahl, Esq. A November 8 session entitled "Employee or Independent Contractor? The Impact of Misclassification" at the 21st Annual National Workers' Compensation & Disability Conference discussed the forms of this fraud and efforts to combat it. 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 CAUSATION

Tom Robinson thumbnailAlcohol and Drug Use Did Not Break Chain of Causation, by Thomas A. Robinson. A Washington appellate court recently affirmed an award of survivor benefits to the widow of a decedent who died several years after his industrial injury after accidentally ingesting multiple prescription medications-used to treat pain resulting from his injury-simultaneously with alcohol. Read more about this case and other cases on Total Permanent Disability, Viagra, and Substantially Certain.

new york reforms

Apple BiteEmployers and Labor Debate Impact of 2007 NY Reforms: Employers Advocate New Initiatives While Workers Claim Success, by John Stahl, Esq. Two analyses regarding the effectiveness of the 2007 Workers' Compensation Reform Law (Reforms) in New York State provide a textbook example of how identical statistics can support totally conflicting results. One undisputed conclusion is that the voices of New York employers were adequately loud regarding workers' compensation costs to enact the Reforms. The answer of the Public Policy Institute of New York State, Inc., (PPI) to whether those employers are better off today than they were when the Reforms were enacted five years ago is no. PPI, which is associated with the Business Council of New York State, concludes that the situation is now worse regarding several workers' compensation components. Conversely, the New York Workers' Compensation Alliance (Alliance) states...Read more.

lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter: Mechanic Advertised His Repair Services On Craigslist While Receiving Disability Benefit. Read it

 

 

 

 

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

 

 

 

 

John GeaneyNew Jersey Bans Medical Providers From Charging Claimants for Work-Related Medical Expenses, by John Geaney, Esq. Read it.

 

 

 

national news
state news

AZ: Court Rules Legislature Can Raid State Comp Fund to Balance Budget.

CA: WCIRB Preparing for Decision and Issuance of 2013 Experience Modification.

CA: Private Data Released for 2,700 WC Claimants Who Had Spinal Surgery in So. Cal.

CO: Governor Appoints Three to Workers' Compensation Special Self-Insured Fund.

DE: House Lawmakers to Make Workers Comp a Priority in Next Session.

GA: Federal Judge Rules Ex-Atlanta Falcons Players Cannot Seek WC in California.

GA: Physicians Weigh Plans for Workers Comp-Type System for Medical Malpractice.

IL: Dept of Insurance Published Proposed Rules Re Medical Electronic Billing (p. 16137).

IL: IWCC Adopts Rules Re Alcohol Drug Testing, Fee Schedule Changes (p. 16349 et seq.).

IL: IWCC Posts Reminder That Physician-Dispensed Medication Rules Effective Nov. 20.

IL: IWCC Posts New Process for Requesting Files.

MD: Baltimore City Leads in State for Workers Comp Claim Awards.

MI: Judge Orders All WC Hearings to Be Held in Locality Where Injury Occurred.

MT: Montana State Fund Declares $10M Dividend.

OR: Medical Advisory Committee Examines Calif's Reforms: Independent Medical Review.

OR: WCD Posts Revised Procedural Rules, Rulemaking, Hearings, Attorney Fees.

OR: WCD Posts Revised Bulletin Re WCD Request for Hearing Form.

OR: WCD Posts Revised Bulletin Re Attorney Fees.

PA: Volunteer Fire Depts Losing WC Coverage as a Result of New Cancer Law.

SC: WCC Launches Notification of Midterm Cancellation of Insurance Coverage Registration.

SC: WCC Posts Business Meeting Report Nov. 13, 2012.

TX: Texas Mutual Wraps Up $150M Dividend Distribution.

TX: DWC Posts Changes to Conversion Factors for WC Medical Fee Guidelines.

TX: TDI Posts 2012 Results Study of Impact of 2005 Workers Comp Reforms.

TX: DWC Posts Annual Change to Medical Fee Guideline Conversion Factors.

 

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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 [email protected].

 

November 19, 2012: Experts Discuss Impact of Rising Costs on Causation Standards

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.

ACCESS 2010-2012 ARCHIVES AND ARTICLES LIST HERE.

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