National Banner 2012 Chess Board
Vol. 4, Issue 4

Find Solutions & Strategies                          January 28, 2013

Sad FaceDepression
  
The hidden cost of compensable work injuries
In This Issue
-DEPRESSION
-LARSON'S SPOTLIGHT: Attorney Fees & Common Fund Doctrine, Venue, Intentional Tort, Refusal of Light Duty
-BLOGS: Fraud, Witness Statements, Head Case, Second Injury Fund
-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
depression

LexisNexis WCLCDepression: The Hidden Cost of Compensable Work Injuries, by LexisNexis Workers' Compensation Law Community Staff.  Collateral damage from a compensable incident often extends well beyond physical harm that stems from the initial injury. The psychological effects of even short-term disabilities, pursuing workers' compensation benefits, and anxiety regarding an ability to return to work can be severe...For employers, providing mental health services for injured workers is a costly hidden expense of occupational injuries and illnesses. A recent study by Abay Asfaw, Ph.D., and Kerry Souza, Ph.D., of the Centers for Disease Control and Prevention focused more narrowly on what should be compensable psychological harm in the form of depression. Read more.

Larson's on COMMON FUND DOCTRINE

Tom Robinson thumbnailAttorney Fees and the Common Fund Doctrine, by Thomas A. Robinson. The so-called "common fund doctrine" employs the equitable principle that a party who incurs costs in creating a common fund that benefits others may call on them to share those costs. Does that doctrine apply to an instance in which a workers' compensation claimant prosecutes a claim to successful conclusion and, as a result of the claimant's action, a medical care provider receives payment for services rendered and medical supplies provided to the claimant? The Supreme Court of Nebraska recently answered the question in the negative...read more about this case and other cases on venue, intentional tort, and refusal of light duty.

lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter: Disabled Mail Clerk Sold Avon and Worked Out. Read it and other news items.  

 

 

 

 

Mark KahnCalifornia: Discovery of Witness Statements, by Mark Kahn, Esq. Read it.

  

  

 

 

 

CassandraHead Case: Superior Court Upholds Delaware IAB Decision Denying Permanent Impairment in Head Trauma Case, by Cassandra Robert, Esq. Read it

 

 

  

Martin KlugMissouri: Court Declines to Compel Payment of Fund Award, by Martin Klug, Esq. Read it.    

 

  

 

  

Martin KlugMissouri Second Injury Fund: Is It Time to Re-Define Disability?, by Martin Klug, Esq. Read it.

national news

IAIABC Posts 50 State Medical Marijuana Survey.

NFL Sued by Former Football Player's Family, Claims Brain Injury Disease Caused Suicide.

State news

CA: State Senate Pres. Wants Medical Board to Stop Excessive Prescriptions of Addictive Pills.

CA: CHSWC Commissioners Wei, Schwenkmeyer Reappointed by Senate President Pro Tem.

CA: WCIRB Releases New Spotlight Focus on 2013 Experience Rating Plan.

DE: Lawmakers to Create Workers Comp Task Force to Address Skyrocketing Rates.

GA: Rick Thompson Resigns as Chairman of State Workers Compensation Board.

HI: HB 152 Would Adopt Fee Schedule Changes.

IL: HB 114 Would Allow Appeal of State Employees' Claims to Circuit Court.

IL: IWCC Posts New Fee Schedule Instructions and Guidelines.

MD: SB 65 Would Provide for Electronic Delivery of Specified WCC Decisions to Parties.

MD: HB 174 Would Regulate Payment of Prescriptions for Certain Conditions.

MD: SB 139 Would Regulate Drug Dispensing by Requiring Dispensing Permit.

MI: Governor Makes Appointments, Reappointments to Workers Comp Board of Magistrates.

MO: Court Overturns Order for State Fund to Pay for Injured Worker's Claim.

MO: Injured Worker Advocates Claim SB 1 Targets Cancer Victims.

NE: LB 584 Would Adopt Official Disability Guidelines.

NV: WCS Proposes Rules for Providing Medical Benefits by Telemedicine.

NM: HB 139 Would Reduce Workers Comp Payment for Drug Use.

NY: Workers Comp One of Central Themes of Governor's Budget.

NY: NYWCA Praises Governor's Budget Proposals re Workers Comp.

NY: PCI Praises Governor's Budget Proposals re Workers Comp.

NY: WCB Revokes Dr. Mario Silvestri's Authorization to Perform IMEs.

NY: WCB Posts New Rate of Reimbursement for Claimants' Travel.

ND: HB 1163 Would Eliminate Pain as Medical Evidence.

OK: Attorney Charlie Plumb Discusses Recent Firefighter Case Involving Mental Injuries.

OR: WCD Posts Temp Rules re Self-Insured Employer Groups, Common Claims Fund Balance.

TX: DWC Posts Latest Rule Supplement Online.

WA: HB 1097/SB 5127 Would Amend Laws on Structured Settlements.

WA: HB 1463/SB 5128 Would Allow Voluntary Settlement Agreements.

WA: GOP-Led Senate Panel to Hear Five Workers Comp Bills.

WI: Business Group Seeks Workers Comp Changes.

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 [email protected].

Jan. 22, 2013: Workplace Homicide.

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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