LexisNexis Workers' Comp: Impact of Obamacare

Vol. 4, Issue 11

Find Solutions & Strategies March 18, 2013

Impact of Obamacare on Workers' Comp

Decreased cost-shifting predicted

In This Issue

-OBAMACARE & WC

-TOP WC ISSUES 2013

-LARSON SPOTLIGHT: Psychic Injury, Diversity Jurisdiction, Permanent Impairment, Tort Action

-BLOGS: Fraud, Occupational Disease

-NATIONAL NEWS

-STATE NEWS

-eNEWSLETTER ARCHIVES

A Note From the Editor

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

robin.e.kobayashi@lexisnexis.com

obamacare

Impact of Obamacare on Workers' Compensation: Decreased Cost-Shifting Predicted, by John Stahl, Esq. The fact that the primary provisions of the Affordable Care Act, a.k.a. Obamacare, become effective in January 2014 precludes accurately concluding whether those reforms will reduce increasingly burdensome workers' compensation costs. Workers' Compensation Judge David Torrey offers his thoughts regarding this in an article titled "The Affordable Care Act and Effects on the Workers' Compensation System: In General, Cost-Shifting, and the Implications of Employer-Sponsored Wellness Programs". Read more.

top workers' comp issues 2013

Tom Robinson thumbnail Thomas A. Robinson on Top Issues in Workers' Compensation Law for 2013. Things appear to be "pumping" in the world of workers' compensation. Legislatures are gathering. Proponents of "reform"--whatever that is--are huddled together, planning their strategies. Pointing to the activities in Oklahoma, in Florida, and other states, some posit that 2013 might be an important year of sea change within the workers' compensation scheme. Others, including me, point to the fact that change within "our world" is almost always evolutionary-rarely revolutionary...Here's my take on some important issues....

Purchase this Emerging Issues Analysis at the LexisNexis Store. Lexis.com subscribers can access the article here (additional fees may apply).

larson's on psychic injury

Psychic Injury Need Not Be Immediately Apparent, by Thomas A. Robinson. Under Illinois case law, a claimant may recover workers' compensation benefits for mental-mental injuries when he or she suffers a "sudden, severe emotional shock traceable to a definite time, place and cause which causes psychological ... harm." The psychic injury need not, however, be "immediately apparent," held a divided Illinois appellate court recently. In the instant case, a city bus driver claimed she sustained a psychic injury following an incident in which her bus struck and killed a pedestrian....Read more about this case and other cases on Diversity Jurisdiction, Permanent Impairment, and Tort Action.

lexisnexis workers' comp law community

Workers' Comp Fraud Blotter: Mark Twain's Club Forgets to Pay Its Workers' Comp Insurance. Read it and other news items.

Cassandra

Just a Few Too Many Kodak Moments in This DE Occupational Disease Case, by Cassandra Roberts, Esq. Read it.

national news

NCOIL Adopts Model Law to Rein in Repackaged Drug Pricing.

NCCI Releases Calendar-Year Underwriting Results by State.

NCCI Releases Policy Year Underwriting Results by State.

NCCI Posts Residual Market State Activity Reports.

Steven Brill Explains Why Medical Bills Are So Expensive.

NIOSH Releases Latest Study on Nanotech and Cancer.

State news

AZ: Industrial Commission to Hold Hearing April 17 on Fee Schedule Changes.

CA: Senate Committee Approves SB 146 re Pharmacy Bill Requirements.

CA: Lawmakers Urged to Reinvest in California Court System.

CA: Governor Appoints Robin Baker, Marvin Kropke to State Fund Board of Directors.

CO: DWC Adopts Permanent Rules re UR, Computation of Benefits.

CT: Legislature Confirms Nomination of Four as Workers Compensation Commissioners.

FL: HB 7033 Would Change Nomination Procedures for DWC Chief Judge, JCCs.

IL: House Committee Approves HB 2919 State Workers Comp Insurance Fund.

IL: Opinion Piece Warns Against Creation of State Workers Comp Insurance Fund.

IL: Dept of Insurance Publishes Final Rules for Preferred Provider Program Effective 3-4-2013.

IL: SB 1873 Would Amend Laws re Group Workers Compensation Pools.

KY: Businesses Warned of Possible Workers Comp Rate Hikes.

ME: Bureau of Insurance Approves 3.9 Percent Workers Comp Rate Hike.

ME: MEMIC Declines to Raise Workers Comp Rates.

MI: WCA Advises New Rule Allows Injured Workers to Receive Electronic Payments.

NV: SB 75 Would Allow Cause of Action for Prescription Drug Addition.

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

OH: BWC Discount Plan Rewards Employers for Prevention and Care.

OH: High Court Reaffirms Narrow Exception in Successor Liability Case.

OK: Lawmaker Votes Against WC Reform, Seeks Cap on Doctor Fees.

OK: SB 1062 WC Reforms Sent to Judiciary Committee on 3/14/2013.

OR: WCD Releases 2011 Hearings Division Statistical Report.

OR: WCD Posts Updated Medical Fee, Payment Rules Eff. 4-1-2013.

OR: WCD Posts Updated Medical Services Rules Eff. 4-1-2013.

OR: WCD Posts Updated Managed Care Organizations Rules Eff. 4-1-2013.

OR: WCD Posts Updated Medical Fee Schedules.

OR: WCD Posts Summary of Testimony, Agency Responses re Rule Changes.

OR: WCD Proposes Changes re Self-Insured Employer Groups, Common Claims Fund Balance.

OR: MLAC Endorses SB 533, SB 96.

PA: Treasurer McCord Reminds Workers' Comp Recipients to Activate New Debit Card.

RI: NCCI Files 8 Percent Increase in Loss Costs.

TN: House, Senate Committees Approve Governor's Workers Comp Reform Bill.

TX: DWC Provides Guidance on Appealing Medical Fee Dispute Decision.

TX: HB 1036 Regulation of Pharmacy Benefits Managers Sent to Insurance Committee.

TX: HB 1032 Single Pre-Authorization Form for Drugs Pending in Committee.

WY: Lawmakers to Study Need for Workers Comp Coverage for Legislators.

ENEWSLETTER ARCHIVES

Take 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.

Mar. 11, 2013: Combatting Opioid Addiction: When the Cure Is Worse Than the Disease.

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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