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Vol. 4, Issue 6

Find Solutions & Strategies                         February 11, 2013

Longshore RopeSupreme Court Rejects "Anything That Floats" Test to Determine Vessel Status
  
Welcome to our Longshore Act special edition
In This Issue
-ANYTHING THAT FLOATS
-SECTION 14(f) PENALTY
-LOYOLA CONFERENCE
-LARSON'S SPOTLIGHT: Poisoning, Exclusive Remedy, Causal Connection
-BLOGS: Fraud, Compound Drugs, Illegal Aliens
-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
Benefits Review Board Service
135 
Serving the Longshore Act community since 1974. Order here.
anything that floats

JohnKawcyznskiSupreme Court Rejects "Anything that Floats" Test to Determine Vessel Status, by John E. Kawczynski, Esq. In Lozman v. City of Riviera Beach, Florida, 2013 U.S. LEXIS 907, the U.S. Supreme Court was asked to determine whether the City of Riviera Beach, Florida, properly claimed admiralty jurisdiction as part of its efforts to evict a floating home owned by Lozmanfrom a city-owned marina. The specific question before the Court was whether the floating home was a "vessel" so that admiralty jurisdiction existed. Read more.

section 14(f) penalty

monicamarkovichIs Application of the Section 14(f) Penalty Mandatory When Equitable Considerations Warrant Otherwise? by Monica F. Markovich, Esq. and Jonathan A. Tweedy, Esq. The Longshore and Harbor Workers' Compensation Act encourages the prompt payment of compensation benefits. Where the compensation benefits have been ordered (generally as the result of either a settlement or the adjudication of the claim through the Office of Administrative Law Judges), Section 14(f) of the Act provides that compensation must be paid within 10 days after it is due or the payor must provide an additional amount equal to 20% of any unpaid installments of compensation. Read more.

annual longshore conference

Porthole LHWCA2013 Annual Longshore Conference April 4-5. The CLE program at the Loyola University New Orleans College of Law and the U.S. Department of Labor present the Annual Longshore Conference, a two-day program for maritime lawyers seeking exposure to changes in the Longshore and Harbor Workers' Compensation Act (LHWCA). Topics include post traumatic stress disorder claims, workers comp and wage litigation, among others. Read more.

Larson's on poisoning

Tom Robinson thumbnailNo Benefits for Salmonella Poisoning From Catered Lunch, by Thomas A. Robinson. An Ohio appellate court recently affirmed the denial of benefits to an employee who claimed she contracted salmonella poisoning from an allegedly contaminated lunch served in her employer's break room. The employer had instituted a lunch program in which it periodically invited local caterers to sell their food to employees in the break room. The menus were then forwarded to the employer, which advertised them via flyers and an employee newsletter. The caterers, without guidance or assistance from the employer or its employees, purchased, stored, and prepared the food at their place of business and transported the food to the employer. Read more about this case and other cases on exclusive remedy and causal connection.

lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter: Pool Guy Charged With Misclassifying His Workers. Read it and other news items.   

 

 

 

 

CWCICWCI Finds Use of Compounded Drugs in California Workers' Comp Are Down, But Payments Are Up. Read it

 

 

   

 

CassandraThe Dearly Deported Finally  Depart: DE Supreme Court Affirms on Issue of Ilegal Aliens, by Cassandra Robert, Esq. Read it.

 

national news

Study Finds High Correlation Between Mental Illness and Smoking.

US Dept of Labor Cracks Down on Late Reporting of Deaths by Iraq War Contractors.

NCCI Posts Presentations From 2013 Data Educational Program.

AIA Releases Statement on Bill to Reauthorize Terrorism Risk Insurance Act.

State news

AK: WCD Posts Death Benefit Increases.

CA: CHSWC Releases 2012 Annual Report.

CA: DWC Honors Wei, McNally With Carrie Nevans Community Service Awards.

CA: DWC Issues Notice of Hearings for Electronic Document Filing, Lien Filing Fee Rules.

CA: DWC Updates Fact Sheet, Address Questions on Benefits Notices, SB 863.

CA: DWC Posts Adjustments to OMFS to Conform to Medicare Changes.

CA: Construction Co. Settles DOT Workers' Comp False Claims Suit.

CA: SB 146 Would Change Pharmacy Billing Procedures.

CA: Consumer Watchdog Wants Monitoring of Doctors Prescribing Dangerous Narcotics.

CT: Debate Over Whether Workers Comp Should Cover Mental Trauma.

FL: HB 605 Would Revise Reimbursement Amounts for Repackaged Drugs.

FL: DWC Adopts Revised Health Care Provider Certification Rule Effective Feb. 6.

GA: HB 154 Would Create Limitation Period for Medical Benefits.

IL: IWCC Posts Notice re Certifications for Injured Workers' Benefit Fund Cases.

KY: HB 217 Would Change Protocols for Controlled Substance Prescribing.

ME: Portland-based Workers Comp Insurer MEMIC to Expand to Florida in 2Q 2013.

ME: Indicted Former Official Received Workers Comp Payments of $50K Per Year.

MO: Senate Debates Bill to Revive Insolvent Second Injury Fund.

MO: SB 146 Would Create Prescription Drug Monitoring Program, Call for Referendum.

MO: SB 233 Would Create Prescription Drug Monitoring Program, Penalties.

MO: HB 347 Would Create Prescription Drug Monitoring Program, Penalties.

MT: House Comm. Passes Bill to Enact High Standard of Proof for Intentional/Deliberate Acts.

MT: Senate Endorses SB 173 re Workers Comp Fund Debt, Despite Expected Rate Increase.

NH: LGC Announces Leadership Change.

NH: Stakeholders at Odds Over Whether WC System Needs Overhaul or Tweaking.

NM: House Committee Led by Dems Kills HB 139 Intoxication Bill, Cites Due Process Issues.

NY: SWCB Posts Amendments to Medical Treatment Guidelines (p. 14).

NY: NYCIRB Posts 2012 Annual Report.

NY: Reasons for and Unintended Consequences of the Raising of SIF Assessments.

NY: Eight Former Seneca Workers Falling Through Cracks on Workers' Comp Coverage.

NC: Court Rules Wal-Mart Protected by Exclusive Remedy in Wrongful Death Case.

NC: Insurance Commissioner Distributes $2.9M to Former Members of Phoenix Fund.

NC: Six Commissioners' Jobs at NC Industrial Commission on the Line.

OH: High Court Denies TTC Benefits for Woman Who Voluntarily Left Workforce.

OH: BWC Submits Biennial Budget.

OH: HB 34 Would Eliminate $15,000 Medical-Only Program.

OK: DHS, Dept. of Corrections Big Spenders re Cost of Workers Comp Court Settlements.

PA: Governor's Proposed Budget to Reduce Funding for Workers' Comp Fund.

PA: PCRB Details Loss Cost Revisions Effective April 1, 2013.

PA: Newspaper Reports on Attorney James Zurick's Recent Appointment to WCAB.

RI: WCC Chief Judge Says Appeal of $1M Penalty for Night Club to Be Resolved by April 1.

SC: Senate Confirms Appointment of Commissioner Aisha Taylor.

TN: HB 549/SB 519 Would Exempt Amish Businesses From WC Insurance Requirements.

TX: Texas Mutual President and CEO Ron Wright to Retire.

TX: Texas Mutual Names Richard Gergasko as New CEO.

TX: DWC Adopts Rules re Medical Bill Reporting Standards, State Specific Requirements.

WA: Senate Passes Bills re Compromise & Release, Rehabilitation, Age Min. for Settlements.

WA: Dem. Governor Criticizes Senate on Going "Backwards" With Workers Comp Changes.

WA: GOP Lawmaker Introduces Bill to Give Employers Option to Buy Private Insurance.

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.

Feb. 4, 2013: Workplace Wellness Programs Return on Investment, Implementation Tips.

Jan. 28, 2013: Depression: The Hidden Cost of Compensable Work Injuries.

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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