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Vol. 4, Issue 7

Find Solutions & Strategies                         February 19, 2013

P340 CoverLarson's and the Ambiguous Statute
  
The treatise helps interpret the law, but can't supplant or alter actual text of a statute
 
In This Issue
-AMBIGUOUS STATUTE
-AMA GUIDES STUDY
-BLOGS: Fraud, DE Motion Day rulings
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
 A Note From the Editor
Robin Kobayashi 2010 
Dear Work Comp Community:

 

We've enjoyed some beautiful weather this past weekend. I think Punxsutawney Phil was correct that we'll see an early Spring in 2013!

 

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
the ambiguous statute

Tom Robinson thumbnailLarson's May Help Interpret Law, But Can't Supplant Text of Statute, by Thomas A. Robinson. Larson's Workers' Compensation Law is often used by federal and state courts to explain and interpret a workers' compensation statute, particularly when that statute is ambiguous. In a recent decision, the Kansas Supreme Court indicated that although consulting the Larson treatise is in order when the statute is unclear, it may not serve to supplant or alter the actual text of a statute. Read more about this case and other cases on Credit for Pension Benefits, Intentional Tort, and Substantially Certain Rule.

new ama guides study

Robert Rassp grayStrong Association Exists Between AMA Guides Impairment Ratings and Earnings Losses, But Losses Vary Significantly Across Body Regions, by  Robert G. Rassp, Esq. & Robin E. Kobayashi, J.D. A new major study funded by CHSWC focuses on the AMA Guides Fifth Edition in California but has implications for the AMA Guides Fourth and Sixth Editions used in other states. The study purports to quell the main criticism that the AMA Guides can only measure severity of impairment and not disability. The study examines whether there is a strong association between AMA-based impairment ratings and earnings losses for workers' comp claimants with permanent disabilities, thereby indicating that impairment ratings accurately reflect the effect of impairments on the ability to work. The study also examines...Read more

lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter: Insurance Auditor and Others Charged in Workers' Comp Insurance Fraud Scheme. Read it and other news items.   

 

 

  

 

CassandraThe Valentine's Day Post: A Whitman's Sampler of DE Motion Day Rulings, by Cassandra Robert, Esq. Read it.

national news
State news

CA: DWC Issues Notice of Hearings for IMR, QME Regulations

CA: DWC to Hold QME Examination Oct. 19.

CA: Senate Rules Committee Confirms Sweeney as WCAB Commissioner (p. 92).

CA: State Fund Board of Directors Agenda, Handouts Posted.

CA: State Fund Appoints Beatriz Sanchez as Chief Operating Officer.

CA: Prominent OC Physician Under Investigation for 16 Fatal Overdoses.

FL: 4 Judges Nominated for Reappointment, 3 Nominated for Judge Positions.

GA: Governor Appoints Frank McKay Chairman, State Board of Workers' Compensation.

IL: ISIA Posts Summary of Current Workers Comp Legislative Activity.

KS: Senate Committee to Endorse Workers Comp Reform.

ME: MEMIC Promotes Two to Asst. Vice President of Claims Operations.

ME: WCB Adopts Final Rules re Appellate Procedure.

MO: Senate Moves Closer to Giving Final Approval for Fix to Second Injury Fund.

NV: Div. of Insurance Says WC Market Highly Un-concentrated and Healthy (see p. 16).

NH: Collapse of LGC Would Negatively Impact Public Employees in Over 200 Communities.

NH: HB 169 Would Create Employers' Right to Recover WC Coverage Premium Payments.

NH: HB 171 Would Create Mandatory Civil Penalty for Failure to Pay Workers Comp.

NH: HB 172 Would Require Commissioner to Record Info re Payment of Workers Comp.

NH: HB 203 Would Clarify WC Procedures re State Projects, State Land Timber Sales.

NH: HB 255 Relates to Selection of Health Care Providers, Generic Drugs, PPNs, PBMPs.

NH: HB 373 Would Allow Discovery of Carrier's Investigation of WC Claim, Attorney's Fees.

NH: HB 439 Would Change Weekly Compensation for TTD, PTD, TPD, and PPD Benefits.

NH: SB 95 Would Allow Employee to Choose Pharmacy for Medicine Required Under WC.

NH: SB 147 Would Require Generic Drug Use, Create Pharmacy Closed Formulary.

NJ: Chief Judge Posts Memo re Electric Filing of Motions.

NM: Senate Committee Passes SB 233 Workers Comp Attorneys Fees Cap.

NM: Senate Committee Passes SB 275 Workers Comp Clean Up Legislation.

NM: SB 465 Would Reduce Workers Comp Payment for Drug Use.

NY: SB 3861 Would Change Reimbursement for Chiropractic Care.

OK: Forthcoming Workers Comp Reform Bill Combines Administrative System and Opt Out.

OK: Four Newest WC Judges Awarding Less to Workers With Permanent Injuries. 

OR: WCD Proposes Changes to Employer-at-Injury (EAIP) Program

SC: HB 3369 Would Exempt From WC Employees Covered by FELA, LHWCA, Jones Act.

SC: HB 3141 Would Require WC Commissioners Be Elected by General Assembly.

TX: TDI Adopts New Rules re UR for Health Care Provided Under WC Ins Coverage.

TX: "Truth-o-Meter" on Why Texas Is Last in Workers' Comp Coverage for Employees.

TX: HB 372 Would Target Prevention of Misclassification of Construction Workers.

TX: HB 1032 Would Create Form for Prior Authorization of Prescription Drug Benefits.

TX: HB 1155 Would Suspend Specified Income Benefits for Failure to Submit to DDE.

TX: SB 381 Would Revise Rules re Misuse of Names, Symbols of DWC and TDI.

WY: Wyoming Adopts Official Disability Guidelines (ODG).

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. 11, 2013: Supreme Court Rejects "Anything That Floats" Test.

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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