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Vol. 4, Issue 3

Find Solutions & Strategies                          January 22, 2013

Crime SceneWorkplace Homicide
  
The prior relationship common factor
In This Issue
-WORKPLACE HOMICIDE
-LARSON'S SPOTLIGHT: Mental Injury, Odd-Lot Theory, Unwitnessed Death, Negligent Infliction of Emotional Distress
-BLOGS: Fraud, Out of State Football Player, Adjusters, Polio
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
 A Note From the Editor
Robin Kobayashi 2010 
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
workplace homicide

Stahl, JohnPrior Relationship Common Factor in Workplace Homicides: Study Offers Guidance, by John Stahl, Esq. The December 2012 incident at the Sandy Hook Elementary School is a recent example of a mass shooting affecting a person in a workplace (e.g., school principal) with whom the shooter has a prior relationship. A concurrent article in the Journal of Occupational and Environmental Medicine addresses the related phenomenon of workplace homicides in which the assailant has a relationship with either the business or an employee. Read more.

Larson's on mental injury

Tom Robinson thumbnailMental Injury Claim for Witnessing Suicide, by Thomas A. Robinson. Because of perceived potential abuses in the establishment of mental injury claims, a number of states either exclude coverage altogether or require some sort of heightened level of proof in order for the employee to prevail. For example, Wisconsin bars coverage for mental claims if the employee did not experience an event that "was so unexpected and unforeseen that it constituted unusual stress of greater dimensions than the day-to-day emotional strain and tension experienced by similarly situated employees" Construing that rule, a Wisconsin appellate court recently affirmed an award in the mental injury claim of a deputy sheriff who witnessed a person who he was transporting inflict fatal wounds on himself. Read more about this case and other cases on Odd-Lot Theory, Unwitnessed Death, and Negligent Infliction of Emotional Distress.

lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter: Injured Worker Bench Presses 500 Pounds. Read it and other news items. 

 

  

 

 

Richard JacobsmeyerCalifornia: WCAB Declines to Accept Jurisdiction Over Out of State NFL Player, by Richard M. Jacobsmeyer, Esq. Read it.

 

 

 

 

Robert Rassp grayCalifornia SB 863 Reforms: Adjusters Should Adjust - The Blowback From UR and IMR, by Robert G. Rassp, Esq. Read it.

 

   

  

 

Martin KlugMissouri: Polio Renders Worker Totally Disabled, by Martin Klug, Esq. Read it.     

national news

NCCI Posts Report on Medical Services for Claims 20 or More Years Old.

Insurance Information Institute Posts Top Workers' Comp Developments.

U.S. Supreme Court Rules Floating Home Is Not a Vessel.

State news

AR: Governor Reappoints Hood to Workers' Comp Commission.

CA: DWC Invites Comment on Payment Ground Rules Topics for Physician Fee Schedule.

CA: DWC Announces Medical Provider Network Public Meeting.

CA: OSIP Posts FAQs on New SB 863 Requirements for Self-Insurers.

CA: Superior Court Denies Transfer of Rights to Payments Under a Workers' Comp Settlement.

CO: Pinnacol CEO Ken Ross Resigns.

CO: HB 13-1025 Would Increase Authorized Deductible for WC Insurance Policies.

CT: HB 5170 Would Provide Retroactive Payments for Social Security Offsets.

FL: DWC Adopts Rules Re Loss Control Services Notices Requirements for Self Insureds.

FL: Florida Chamber to Fight to Close Loophole for Exorbitant Drug Repackaging Costs.

FL: DWC Corrects Error in Rules Re Need for Certificate From Claimant's Counsel.

IN: HB 1320 Would Create Medicare-Based Hosp. Fee Schedule, Increase Max. Weekly Benefit.

MA: DIA Increases Partial Medical Examination Fee Effective Jan. 17.

MI: WCA Announces 2013 Rate Calculation Program Now Available.

MT: Lawmakers Hear Public Comment on HB 82 to Help Out of State Construction Employers.

NY: A946 Would Carve Out Exception to Exclusive Remedy re Sexual Assaults by Co-Worker.

NY: S1585 Would Establish Monthly Allowance or Treatment Frequency re Chronic Care.

NY: A786 Would Lower Assessments for Special Disability Fund.

NY: WCB Posts Reminder re 3/1 Effective Date for Medical Treatment Guideline Changes.

NY: WCB Posts Changes to List of Health Care Providers Authorized to Treat Injured Workers.

NC: NCRB Issues Circular Re Assigned Risk Take-Out Credit Program CY 2012.

OH: BWC to Hold Public Hearing on Outpatient Medication Formulary.

OK: HB 1362 Would Create Administrative-Based System for Workers' Comp.

OK: Lt. Governor Backs Bill for Administrative-Based System for Workers' Comp.

OK: Lawmakers File 40 Workers' Comp Bills, Including Opt Out Bill.

OK: HB 1752 Would Create Opt Out From Workers' Comp System.

OK: HB 1982 Would Create Opt Out From Workers' Comp System.

OK: HB 2201 Would Privatize CompSource Oklahoma.

OK: Proactive Businesses Can Cut WC Costs Without Waiting for Reform.

OK: L. Brad Taylor to Serve as Presiding Judge of Workers' Compensation Court.

OK: Presiding Judge Taylor Selects Michael J. Harkey as Vice-Presiding Judge at WCC.

OR: WCD Posts Proposed Rule Changes Re Medical Fee Payments, Medical Services, MCOs.

OR: MAC Posts Meeting Testimony Re Spinal Cord Stimulator Use in Injured Workers.

OR: HB 2068 Would Extend Exclusive Remedy Protection to Partners of LLCs.

OR: HB 2069 Would Extend TD for Injured Workers Engaged in Vocational Assistance Training.

OR: SB 190 Would Enable WCD to Enact Rules Re Electronic Submission of Documents.

TN: High Court Upholds Law on Subrogation Liens, Cost of Future Medical Benefits.

TN: Jeb Bush Sounds Off on Tennessee Workers' Comp Reform.

TX: DWC Says Fewer TX Claims Include Opioids, Not-Recommended Prescriptions.

TX: DWC Provides Details Re State of the Texas Workers' Comp System (p. 1).

TX: DWC Adopts Revised Form for Request for Designated Doctor Examination (p. 2).

TX: DWC Reminders Re Pharmacy Closed Formulary Status, Legacy Claim Implementation.

UT: Labor Commission Proposes Workers Comp Rule Changes, New Rules (p. 34 et seq.).

WA: Governor-Elect Names Joel Sacks as Director of Dept. of Labor and Industries.

WA: Dem, GOP Lawmakers Call for Workers Comp Changes.

WY: HB0052 Would Give Discount in WC Premiums for Workplace Safety Participation.

WY: HB 0101 Re Workers' Comp Appeals, Voted Down by House.

 

ENEWSLETTER ARCHIVES

ArchivesTake 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. 14, 2013: Opting Out Is the New "In" Thing.

Jan. 7, 2013: The Top 10 Bizarre Workers' Comp Cases for 2012.

ACCESS 2010-2012 ARCHIVES AND ARTICLES LIST HERE.

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