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Vol. 4, Issue 10

Find Solutions & Strategies                            March 11, 2013

Pain ChronicOpioid Addiction
  
When the cure is worse than the disease
 
In This Issue
-OPIOID ADDICTION
-WHOLESALE PHARMACIES
-DRUG PRICING
-LARSON SPOTLIGHT: Independent Contractors, Altercation, Substantial Deviation, Abandonment of Employment
-BLOGS: Fraud, Utilization Review, Sarcoidosis
-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
Generic drug prices
Pills Know the Facts
opioid addiction

Stahl, JohnCombatting the Evils of Opioid Addiction: When the Cure Is Worse Than the Disease, by John Stahl, Esq. The numerous ills associated with workers' compensation claimants abusing prescribed opioids is a perfect example of medical care professionals acting in haste in a manner that results in claimants and workers' compensation insurers repenting at leisure. High drug costs are a near certainty; addiction and a fatal overdose are additional significant risks. Read it.

wholesale pharmacies

Jeffrey NapolitanoWholesale Pharmacy Providing Pharmaceuticals to Doctor for Dispensing on Consignment Basis Has No Right of Action Against Employer/Insurer, by Jeffrey C. Napolitano, Esq. Wholesale pharmacies who contract with physicians to provide pharmaceuticals to them on a consignment basis for dispensing to their workers compensation patients, cannot seek payment for the pharmaceuticals directly from the employer/insurer under Rebel Distributors Corp., Inc. d/b/a Physician Partner and Pharmacy Partner v. LUBA Workers' Comp., released by the Louisiana 3rd Circuit court of appeal on March 6, 2013. Read more.

drug pricing

The "Shadowy World of Drug Pricing". The Los Angeles Times reports that drug manufacturers charge "wildly different prices for essentially the same generic medicine." Moreover, the average wholesale prices (AWP) are as "made up as the prices that come out of hospitals". Drugstores don't pay AWP for medicine, but rather negotiate "sweetheart deals" with drug manufacturers based on the volume of medicine retailed to customers. Pharmacies are not required to provide full disclosure to customers as to the prices for the same generics. Pharmacies are making more money on generics than name brands, and it's not to their advantage to help customers make informed decisions. Read it.

larson's on independent contractors

Tom Robinson thumbnailLarson's Spotlight on Recent Cases: Truck Drivers Deemed Employees In Spite of Contractor Agreement, by Thomas A. Robinson. Citing Larson's Workers' Compensation Law, the Court of Appeals of Oregon recently affirmed a finding that the subject truck drivers were employees of a frozen meat distributorship in spite of characterization within the contractor agreement's that the drivers were independent contractors. While the characterization carried some weight, there was direct evidence of the purported employer's right to control, and exercise of control over, the methods and details of the drivers' work. The court indicated that here the drivers provided their services; the distributor provided everything else. Read more about this case and other cases on Altercation, Substantial Deviation, and Abandonment of Employment.

lexisnexis workers' comp law community

BobcatWorkers' Comp Fraud Blotter: Trapping Guide Caught Catching Bobcats While on Disability. Read it and other news items.   

 

  

  

 

Mark KahnCalifornia: Challenging Utilization Review at an Expedited Hearing, by Mark Kahn, Esq. Read it. 

 

  

 

  

 Cassandra

Sarcoidosis, Sleep Apnea, Obesity..... Anything but Asbestosis in this DE IAB Victory for Employersby Cassandra Roberts, Esq. Read it.

national news
State news

AZ: House Committee Approves Bill Barring AZ Pro-Athletes' WC Claims in Other States.

CA: WCAB Issues Notice of April 16 Public Hearing on Proposed Rule Changes.

CA: US Dist. Court Rules Workers Comp Release No Bar or Limit to ERISA Disability Claim.

CA: Michael Nolan to Retire as President of CWCI, Alex Swedlow Named Successor.

CA: Int'l Assoc. of Rehab Professionals Posts Survey on Calif. Voc Expert Range of Fees.

CA: CalChamber Warns SB 626 Would Undermine 2012 Workers Comp Reforms.

CT: Lawmakers Pass Bill to Create Fund for Newtown Sandy Hook First Responders, Teachers.

FL: McConnaughhay Duffy Summarizes Westphal Case re Constitutionality of WC Reforms.

ID: Industrial Commission Posts Changes to Judicial Rules of Practice and Procedure.

ID: Industrial Commission Addresses Date Stamping of Electronic Claims Documents.

ID: Industrial Commission Posts New Workers Comp Policy Reporting Requirements.

KY: DWC to Conduct Benefit Review Conference Dockets by Video.

LA: Business Group Continues Efforts for Workers Comp Reform.

NJ: Governor Nominates Russell Cherkos, Salvatore Martino as Workers Comp Judges.

NY: Court Affirms Limitation on Award of Lost Earnings, Medical Expenses in Third Party Action.

NY: NYSIF Mourns Loss of Commissioner Robert H. Hurlbut.

NC: WCRI Says Workers Comp Hospital Outpatient Payments Stable, But Could Be Temporary.

OH: Judge Rules Workers Comp Fund Overcharged Ohio Employers $861M.

OK: Editorial Warns Privatization Plans Further Tips Scales in Favor of CompSource.

OK: AIA Supports Privatization of CompSource, But Finds Problems With Proposed Bill.

OK: Advisory Panel Warns Current WC Reform Bill Unworkable, Needs Revisions.

OK: Official Warns New WC Admin System Would Double Operating Costs for 3 Years.

OK: State Chamber of Oklahoma Urges Reforms, Need to Spend Money to Save Money.

OR: WCD Updates Adjusted Cost/Charge Ratios for Oregon Hospitals.

OR: WCD to Hold Hearing March 26 re Proposed Changes to Preferred Worker Program.

OR: WCD Reports Increase in Workplace Fatalities for 2012.

OR: MAC Committee Posts Mar. 15 Meeting Agenda re Legislative Update, Chronic Opioid Use.

PA: Martin Banks LLC Partner Claims Philly Workers' Comp Firm Shut Him Out.

SC: Senate Committee Approves Bill re Standard for Mental Injuries for Public Safety Workers.

TN: House Subcommittee Vote 4-2 to Approve Governor's WC Reform Proposals.

TN: Dem Lawmaker Calls WC Reform Bill "Rushed" and "One-Sided".

TX: Governor Reappoints Norman Darwin as Injured Employee Public Counsel.

TX: TDI Updates WC Classification Relativities, Expected Loss Rates, Discount Ratios.

TX: DWC Issues Notice of Pharmacy Closed Formula Data Call on Legacy Claims.

WA: Bill to Privatize State Run Workers Comp System Dies in Committee.

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].

Mar. 4, 2013: Medicare Secondary Payer: The Shape of Things to Come.

Feb. 25, 2013: Why Workers Settle Their Claims.

Feb. 19, 2013: Larson's and the Ambiguous Statute.

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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