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new emerging issues articles from lexisnexis |
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 California Enacts Law Limiting Employers' Access to Employees' Social Media: What Employers Need to Know to Avoid the Minefields, 2012 Emerging Issues 6788. Whether you "like" it or not, social media is changing the legal landscape of employee privacy rights at a rapid pace. On September 27, 2012, California Governor Jerry Brown signed into law AB 1844, which prohibits employers from requiring (or requesting) employees or applicants to divulge their social media log-on information. This article will address the evolving area of employee privacy law in California, and the impact of AB 1844. Purchase here at the LexisNexis Bookstore.
Thomas A. Robinson on the Resiliency of the Exclusive Remedy Rule for Workers' Compensation, 2012 Emerging Issues 6792. This commentary highlights the important components of the workers' compensation exclusive remedy defense and its principle exceptions, and provides a framework within which practitioners, employers, and carriers in many jurisdictions can better understand this core principle of workers' compensation law. Purchase here at the LexisNexis Bookstore. |
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LEXISNEXIS workers' comp community BLOGS |
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 AME's Opinion Failed to Support Apportionment: December Cal. Comp. Cases Advanced Postings. Lexis.com subscribers can read it.
 Workers' Comp Fraud Blotter: Prison Guard Faked His Disability By Working With Rats. Read it and other news items for the past week.
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The Proposed Independent Medical Review Regulations
Proposed IMR Regs, by Julius Young, Esq. The DWC has published proposed Independent Medical Review regulations. The proposed regs are on a DWC forum page, with the forum for comments slated to close December 7. Because there is not time for regular rulemaking for these rules required by SB 863, the DWC will have to submit them to the Office of Administrative Law as emergency regulations. Some of the concerns about the IMR rules are really simply reflective of concerns about SB 863 itself. Questions about the constitutionality of the IMR process were raised even by counsel for proponents. In any event, the regulations as drafted do not stray very far from the backbone of SB 863. 
Commentary on Proposed Independent Medical Review Regulations, posted by LexisNexis Workers' Compensation Law Community. Proposed Utilization Review (UR) Regs: 1. 9792.6 - UR Definitions Dates of Injury (DOI) before 1.1.2013 and MT requests before 7.1.2013. Amended to clarify that this regulation applies only to DOI before1.1.2013 and MT requests before 7.1.2013. 2. 9792.6.1 - UR Definitions DOI after 1.1.2013 and MT requests after 7.1.2013. Several definitions were added and/or revised. One major difference from the previous regulation is the addition of definitions for "approval" and "denial" as follows... 
