National Banner 2012 Chess Board
Vol. 4, Issue 1

Find Solutions & Strategies                           January 7, 2013

Top 10 BizarreTop 10 Bizarre Workers' Comp Cases for 2012
  
Read Thomas Robinson's annual list 
In This Issue
-TOP BIZARRE CASES
-LARSON'S SPOTLIGHT: Traveling Employee, Special Employer, Intentional Tort, Retaliatory Discharge
-FRAUD,
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
 A Note From the Editor
2013 New Year
Dear Work Comp Community:

 

Happy New Year! 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
top bizarre cases for 2012

Tom Robinson thumbnailThe Top 10 Bizarre Workers' Comp Cases for 2012, by Thomas A. Robinson. During the past several Januarys, I've shared with readers my annual list of bizarre workers' compensation cases for the prior year. In doing so, I reenact, in part, a tradition that my mentor, Arthur Larson, and I shared prior to his death some years ago....One thing we always kept in mind: one must always be respectful of the fact that while a case might be bizarre in an academic sense, it was intensely real. It affected real lives and real families. And so, to continue in the spirit of that January ritual, here follows my list (in no particular order) of 10 bizarre workers' compensation cases, including a "bonus case", during 2012. Read it.

Larson's on traveling employee

Tom Robinson thumbnailLarson's Spotlight on Recent Cases: Injury From Riding Escalator Rail, by Thomas A. Robinson. A North Carolina appellate court recently affirmed a decision by the state's Industrial Commission that awarded extensive workers' compensation benefits to an office manager who fell some 25 to 30 feet to a hard surface while trying "to ride" the railing of an escalator following a "festive" gathering for dinner and drinks associated with the employer's annual sales meeting. Read this case and other cases on Special Employer, Intentional Tort, and Retaliatory Discharge.

lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter: Security Firm CEO Convicted.  Read it and other news items. 

 

 

 

 

Fraud SignWorkers' Comp Fraud Blotter: Anesthesiologist Indicted.  Read it and other news items. 

 

 

 

 

CassandraSassy Cassy's 2012 Naughty & Nice List, by Cassandra Roberts, Esq. Read it.

 

 

  

 

 

Martin KlugNew 2012 Trends for Missouri, by Martin Klug, Esq. Read it

 

 

 

 

 

Martin KlugMissouri: Court Declines to Lower Burden to Prove Wrongful Discrimination Claims, by Martin Klug, Esq. Read it.

national news

SMART Act Passed by House to Streamline Medicare Secondary Payment Program.

U.S. Senate Passes SMART Act to Streamline Medicare Secondary Payer Procedures.

Moody's Report: Workers Comp Insurance Market Uncertainties Impact Profitability.

NCCI Posts Study on Role of Traffic Accidents in Workers' Comp.

CDC Posts 2008 United States Life Tables.

CA, WV, IL, NY, MD Top Judicial Hellhole List According to American Tort Reform Association.

Workers Compensation Resources Research Report Analyzes Insurance Industry Profitability.

RIMS Names John Phelps President for 2013.

state news

AL: Self-Insured Workers' Comp Fund to Return Over $8M to Qualified Members.

AK: WCD Posts New Maximum Weekly Benefit Rate.

AK: WCD Posts Notice Re SIF Contributions, Annual Report, WSCAA Contributions.

AR: WCC Post Notice of Public Hearing Re Carrier Premium Tax Auditing.

CA: DWC Posts Lien Filing Instructions.

CA: WCAB Posts Proposed Rule Changes Pursuant to SB 863 Reforms.

CA: DWC to Prepare Balanced Approach to SB 863 Implementation.

CA: DWC Posts Adjustments to OMFS Re DMEPOS, Pathology, Clinical Laboratory Sections.

CA: DWC Posts 2013 Annual Report of Inventory Advice, Form for Claims Reported CY2012.

CA: DWC Posts Audit Unit Annual Report.

CA: Insurance Commissioner Issues Correcting Order Clarifying Classification Changes.

CO: DWC Permanently Adopts Traumatic Brain Injury Medical Treatment Guidelines.

CO: DWC Proposes Rule Changes Re Claims Adjusting, Utilization Review.

CO: Governor Appoints 5 to Pinnacol Assurance Board of Directors.

CT: Lawmaker Seeks to Expand WC for First Responders Post-Sandy Hook Shootings.

DE: Insurance Commissioner Approves 14.6 Percent Workers' Comp Rate Hike.

FL: FLOIR Releases 2012 Workers Comp Report.

FL: Insurance Regulators Recommend Legislative Action to Push Down WC Rates.

FL: DWC Proposes Rule Change Re Notice of Election to Be Exempt.

HI: DCD Posts 2013 Maximum Weekly Benefit Rates.

IL: Dept of Ins. Posts Notice re WC Carrier's/Self-Insured's Compliance for Medical Payments.

IL: IWCC Posts Rules on CRB, Disqualification of Arbitrators, Commissioners.

IL: Indictments Issued Against Outpatient Surgical Center for Fraudulently Billing MUAs.

IL: IWCC Posts 2013 Fee Schedule Online.

IL: Dept of Insurance Posts UR Notice.

IL: Supreme Court to Decide Mailbox Rule Case.

LA: Court Affirms Costs, Fees in Workers' Comp Fraud Case.

LA: Court Denies Benefits for Mental Stress When Supervisor Threatened to Kill Employee.

MA: US Dist Ct Affirms Order of Restitution by Temp Staff Owners to IRS, WC Carriers.

MA: DIA Posts Correction to COLA Calculation Table 1.

ME: New Laws on Independent Contractors, Painkillers, Drug Treatment Eff. Jan. 1.

MI: Michigan Passes Social Media Law Restricting Employers' Right to Private Information.

MI: WCA Posts 2013 Weekly Benefit Tables.

MO: SB 1 Filed to Save Second Injury Fund.

MO: GOP Lawmakers to Address Occupational Disease Law.

MT: High Court Rules Religious Colony Must Pay WC Insurance for Jobs Outside Commune.

NE: WCC Posts Amended Rules of Procedure.

NE: WCC Posts Latest Fee Schedules for DRG, Trauma Services Inpatient Hospital.

NH: LGC Releases List of Towns, Cities Owed Refunds for Insurance Overpayments.

NJ: New Maximum Benefit Rate Increases to $826 Effective Jan. 1.

NJ: Dem. Lawmaker Files Companion Bill for Union Carve Outs.

NM: WC Advisory Council Posts 2013 Legislative Recommendations.

NM: WCA Adopts Official Disability Guidelines (ODG).

NY: WCB Posts 2013 Regulatory Agenda (p. 27 of pdf).

NY: WCB Posts Medical Treatment Guidelines Forms and Training Notice.

NY: NY City Health Dept. Claims No Clear Link Between Cancer and 9/11 Debris, Wreckage.

NY: Worker Advocate Group Urges Transparency on Workers Comp Carriers' Profits.

NC: Workers Want Public Hearings for Legislature's Workers Comp Study.

NC: Injured Worker Advocates Say State Needs Safety Net in Uninsured Employer Cases.

OH: Supreme Court Deals Blow to Injured Worker's Intentional Tort Claim.

OH: BWC Recognizes Reduction in WC Rates in Ohio.

OH: Judge Rules Over 270,000 Employers Due Restitution for Paying Excessive WC Premiums.

OH: Insurance Expert Says Group Rating Can Lower Employers' Premium Expense.

OH: Court Affirms Benefits for PTSD Resulting From Hostage Crisis Situation.

OK: Oklahoma Examines Arkansas Workers Comp System for Reform Ideas.

OK: Total Workers' Comp Payouts for Injured Workers Increased 26% in 5-Year Period.

OK: High Court to Decide Whether Worker Injured on Way to Smoke Cigarette Gets Benefits.

OR: WCD Posts Latest Requirements Re Self-Insured Report of Losses, Reserving Guidelines.

OR: WCD Posts Revised Claims Processing Administrative Cost Factor.

OR: WCD Explains Reporting Requirements for Self-Insured Employers.

PA: Governor, Lawmakers to Push Again for Workers Comp Reform in 2013.

SC: WCC Posts New Mileage Reimbursement Rate Eff Jan. 1, 2013.

SC: WCC Posts 2013 Maximum Weekly Compensation Rate.

SC: WCC Posts Payment Allowance Limits for Medicare Part B Drugs, eff. 1-1-2013.

TN: Chamber of Commerce Pushes for WC Reform.

TN: Business Owners Seek Workers Comp Reform in 2013.

TX: Court of Appeal Substantially Reduces Award in Staffing Company Fraud Case.

TX: DWC Holds Public Hearing Re Accident Prevention Services Rules.

TX: DWC Posts Rulebook Supplement 2013-01.

TX: H.B. 287 Would Identify Name of Health Care Provider Performing IRO.

TX: NCCI Recommends 3.8 Percent Decrease in Loss Cost Filing.

TX: DWC Announces Insurance Carriers Performance Based Oversight Results.

TX: DWC Adopts New Guidelines for Examination by Treating Doctor.

TX: DWC Posts Discount Rate, Interest Rate for Jan. 1 Through March 31, 2013.

TX: DWC Posts Carrier Closed Pharmacy Formulary Data Call on Legacy Claims.

TX: DWC Finalizes Medical Quality Review CY 2013 Annual Audit Plan.

TX: DWC Finalizes Designated Doctor Plan-Based Audit.

WA: L&I Mails New Set of Workplace Posters to Employers.

WA: L&I Establishes Medical Provider Network for Injured Workers.

WV: Supreme Court Overrules WCB in Dust Hazards Exposure Case.

WI: DWD Posts New Maximum Benefit Rates for 2013.

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.

 

ACCESS 2010-2012 ARCHIVES AND ARTICLES LIST HERE.

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