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Find Solutions & Strategies January 14, 2013 |
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 Opt Outs: The New "In" Thing
A study examines why some employers favor opting out over lobbying for reform | |
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| A Note From the Editor |  | |
Dear Work Comp Community:
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
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| 2013 Edition Now on Sale |  | |
Authors:
Albert Betts, Jr., Esq.
Stuart D. Colburn, Esq.
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opt outs
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 Opting Out Is the New "In" Thing: Study Discusses Alternatives to Workers' Compensation, by John Stahl, Esq. The astronomical benefits-related costs, protracted dispute resolution process, and numerous other ills associated with workers' compensation that have prompted reforms have also increased support for the "opt-out" movement. Opting out initially requires that a state enact a law that allows employers that would otherwise have to provide workers' compensation coverage to offer employees alternative forms of reimbursement for compensable harm. A study titled "Workers' Compensation Opt-Out: Can Privatization Work", of which Peter Rousmaniere is the primary researcher, comprehensively examines why some employers favor opting out over lobbying for reform. Read more.
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obama signs smart act
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On January 10, 2013, the White House announced that President Obama signed the Strengthening Medicare and Repaying Taxpayers Act (SMART Act) into law. Insurance organizations, including the American Insurance Association, hailed the SMART Act as facilitating property-casualty insurers' compliance with Medicare Secondary Payer (MSP) Act Section 111 reporting. To read the bill, click here.
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Larson's on workers' comp fraud
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 Court Affirms Guilty Plea Sentence Related to Fraudulent Reduction of Workers' Comp Premiums, by Thomas A. Robinson. The Eighth Circuit Court of Appeals recently affirmed a criminal sentence on a defendant's guilty plea to wire fraud in connection with his scheme to reduce his company's workers' compensation premiums. The defendant had challenged the district court's "sophisticated means" and "leadership-role" enhancements under U.S. Sentencing Guidelines Manual §§ 2B1.1(b)(10)(C), 3B1.1(a), as well as the court's failure to vary downward, and its restitution award. Defendant admitted he had shifted payroll to less expensive job classifications over several years, and that he had also created shell corporations with unwitting or uninvolved individuals as ostensible "owners." Read more about this case and other cases on PTSD, Employer Status, and Negligent Provision of Firearm.
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| lexisnexis workers' comp law community |
 Workers' Comp Fraud Blotter: Disbarred Workers' Comp Lawyer Pleads Guilty. Read it and other news items.
 CWCI Scorecard Looks at Carpal Tunnel Claims in California Workers' Comp. Read it.
CWCI Analysis Estimates CURES Program Could Save $57 Million in Workers' Comp Costs. Read it.  David & Goliath: Army of Doctors Cannot Save Delaware Termination Petition in TBI Case, by Cassandra Roberts, Esq. Read it.
Ch-Ch-Ch-Changes..... But Not on a Delaware Term Petition, by Cassandra Roberts, Esq. Read it.  Missouri: Employer May Still Contest PPD Despite Late Answer, by Martin Klug, Esq. Read it.
Missouri: Refugee Awarded 'Total' for His Days in the Bosnian War, by Martin Klug, Esq. Read it.  Vermont Workers' Compensation Update: October to December 2012, by Keith J. Kasper, Esq. Read it.
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| state news | |
AK: WCD Posts New Reimbursement Rates for Traveling, Meals, Lodging.
CA: DIR Jump Starts Landmark Workers' Comp Reform to Protect Workers, Cut Costs.
FL: DWC Report Shows Insurers Interfere With Doctor-Patient Relationship.
FL: Drug Repackaging Battle Resumes.
FL: Agenda, Reports Posted by Three-Member Panel of DWC.
IN: ICRB Posts Second Injury Fund Assessment & Policy Surcharge Factor.
MA: Governor Announces Bill to Strengthen Oversight of Compounding Pharmacy Industry.
MI: AIA Pushes for Improvements to Michigan's Prescription Drug Repackaging Rules.
MO: State Auditor Confirms Insolvency of Second Injury Fund.
NV: WCS Posts Mileage Reimbursement Change.
NM: Business Leader Calls for New Mexico Workers Comp Reform.
NY: Governor Cuomo Calls for Workers' Comp, Unemployment Insurance Reforms.
NY: PCI Applauds Governor's Call for Workers' Comp Reforms.
NY: NAMIC Backs Governor on Call for Workers' Comp Reforms.
NY: Attorney Warns Against Reforms, "Clipping Social Safety Net" for Injured Workers.
NY: Court Awards Benefits to Woman Injured Trying to Open Stuck Door.
ND: WSI Continues to Grapple With Computer Problems.
OH: BWC Takes Action to Improve Medical Care for Injured Workers.
OK: OWCC Proposes New Treatment Guidelines for Spine.
OR: WCD Posts Revised Application for Oregon Worker Leasing License.
OR: WCD Posts Latest Mileage, Lodging, Meal Reimbursement Rate.
OR: WCD Revises Whole Person, Vision Loss PPD Calculators.
PA: DLI Posts Latest Maximum Workers' Comp Benefit Rate.
TX: TDI Submits Legislative Recommendations Re Captives, Use of TDI/DWC Names.
VA: VA State Corporation Commission Approves Changes to Workers Comp Premium Levels.
WA: Workers' Death Leads to Citation for Dept of Natural Resources. |
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ENEWSLETTER ARCHIVES
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 Take a deep dive into our past eNewsletters for 2013 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.
Jan. 7, 2013: The Top 10 Bizarre Workers' Comp Cases for 2012.
ACCESS 2010-2012 ARCHIVES AND ARTICLES LIST HERE.
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