National Banner 2012 Chess Board
Vol. 4, Issue 12

Find Solutions & Strategies                            March 25, 2013

Cell Phone No SignDistracted Drivers & Workers' Comp
  
The increase in distracted driving has serious ramifications for risk managers
  
In This Issue
-DISTRACTED DRIVERS
-LARSON SPOTLIGHT: Going and Coming, Retaliation, Lyme Disease, Exclusive Remedy
-BLOGS: Fraud, Network Physicians, Denial of Treatment
-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
distracted drivers

Rebecca ShaferIncrease in Distracted Drivers Has Serious Ramifications for Fleet Risk Managers, by Rebecca Shafer, JD, LowerWC.com, Amaxx Risk Solutions, Inc. Do workers compensation laws need to be revised to exclude people who cause injury to themselves and others when driving distracted? And, how do employers manage this risk? As of today, a Google search showed 39 states (up from 32 in 2011), the District of Columbia, and Guam ban every form of distracted driving including texting, and others are not far behind in passing similar legislation. In addition, 10 states, the District of Columbia, and the Virgins Islands prohibit the use of handheld cell phones by all drivers while driving. Read more.

larson's on going and coming

Tom Robinson thumbnailOn-Call Surgical Technician's Claim Not Barred by Going and Coming Rule, by Thomas A. Robinson. Quoting Larson's, a Special Workers' Compensation Panel of the state Supreme Court recently held that a surgical technician, who worked full-time at a hospital and in addition to her regular hours was periodically required to return to the hospital during the early morning hours for emergency surgery, was not barred by the "going and coming" rule from recovering benefits related to injuries sustained in an automobile accident that occurred as she drove home while still subject to call....Read more and other cases on Retaliation, Lyme Disease, and Exclusive Remedy.

lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter: Disability Benefits Didn't Stop Him From Whacking and Pulling Weeds. Read it and other news items.  

   

  

   

  

CWCICWCI Finds Use of Network Physicians in California Workers' Comp Continues to Grow, by California Workers' Compensation Institute. Read it.

   

 

 

 

Martin KlugMissouri: Hospital Sanctioned for Boilerplate Denial of Treatmentby Martin Klug, Esq. Read it.

national news
State news

CA: DWC Posts Reminder re 2013 Annual Report of Inventory of Claims CY 2012.

CA: WCIRB Actuarial Committee Report Shows Big Increase in EAMS Lien Filings.

CA: WCIRB Elects New Committee Members.

CA: DWC, WCAB Revise Policy and Procedural Manual.

CT: Governor Signs Sandy Hook Workers Assistance Program and Fund Bill.

CT: General Assembly Reappoints Seven Commissioners.

FL: City Seeks Rehearing of Westphal Case re Constitutionality of TD Cap.

FL: SB 662 re Drug Repackaging Approved by Senate Banking & Ins. Committee.

GA: HB 178 re Georgia Pain Management Clinic Act Passed by Senate.

GA: HB 154 re Medical Benefits Cap Passed by Senate.

HI: HB 144/SB 510 re PEO Licensing Approved by House Committee.

HI: HB 152 re Medical Fee Schedule Changes Approved by House Committee.

HI: HB 436 re IMEs and Specialty Requirements Approved by House Committee.

IL: Governor Replaces Mitch Weisz With Michael Latz as IWCC Chairman.

IL: Governor Reappoints Commissioners Basurto, Tyrrell, White.

IL: Rep. Kay Introduces Four More Workers Comp Bills.

IL: HB 1245 Would Allow Appeal re State Employee's Claim to a Circuit Court.

IL: HB 1246 Would Expand WC Payments Charged to an Employing State Agency.

IL: HB 2229 Would Amend Provisions re Rebuttable Presumptions for First Responders.

IL: HB 2769 Would Amend Computation for Subsequent Injury of Same Body Part.

IL: SB 1873 re Self-Insured Workers Comp Pools Approved by Senate Ins. Committee.

IL: SB 2339 re Joint Insurance Pools for Local Govts. Approved by Senate Ins. Committee.

IL: High Court Upholds Suspension of Ex-Arbitrator Carril (aka Teague).

IL: PCI Opposes Illinois State Workers Compensation Fund.

IL: Self-Insurers Advisory Board Posts Agenda for March 26 Meeting.

IN: WCRI Study: Medical Care Costs Rising, Driven by Higher Prices, Hospital Payments.

KS: DWC Issues Data Call to Workers Comp Insurers to Obtain Medical Information.

KY: Editorial Claims SB 89 Legitimizes Misclassification of Workers.

MN: ALJ Miguel Cervantes Appointed to Minn. Workers' Comp Court of Appeals.

MS: WCC Posts Settlement Review Checklist.

MS: U.S. Fifth Circuit Affirms Mississippi Workers Comp Act Does Not Apply to Inmates.

MO: Governor Appoints Labor Director Rebman as Administrative Law Judge.

NH: LGC Won't Charge Members of Workers Comp Pool to Satisfy $17.1M Court Order.

NY: NYCIRB Posts Analysis of Proposed Workers Comp Reform.

NY: SWCB Proposes Rules to Clarify Independent Medical Examination Procedure (p. 42).

ND: HB 1163 Would Change Rules re Pain, Preexisting Injuries.

OH: Judge Rules BWC Overcharged Employers by $860M.

OH: BWC to Appeal Judge's Decision re BWC Premium Overcharges.

OK: House Leader Says Parts of WC Reform Bill Unconstitutional.

OK: Newspaper Questions Political Ties in Workers Comp Award for Firefighter.

OK: Firefighters Protest Changing Workers Comp Court to Administrative System.

OR: MLAC Shares Recommendations on Access to Medical Treatment.

PA: Ins. Dept: No Contributions From Insurers Required for Work Comp Security Fund 2013.

SC: High Court Clarifies Rules in Two Brain Injury Cases.

SC: Senate Judiciary Committee Approves WCC's New Mediation Regulation.

SC: WCC Reviews Recommendation re Surgical Implant Devices.

SC: WCC Posts Status re Rehabilitation of Ullico Casualty Company.

SD: NCCI Reports on Costs of Medical Services, Prescription Drugs; Repackaged Drugs.

SC: High Court to Decide Workers Comp for Woman Killed by Husband During Work Break.

TN: Senate Govt. Operations Committee Approves WC Reforms by 6-1 Vote.

TX: DWC Adopts, Amends, Repeals Rules re TX Work Comp Accident Prevention Services.

TX: DWC Revises Two Forms re Accident Prevention Services.

WA: L&I Proposes Fee Schedule Changes for Anesthesia, Physical/Occupational Therapy.

WA: Rule Filed to Address 5,000+ Applications by Medical Providers to Join L&I Network.

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.

Mar. 18, 2013: Impact of Obamacare on Workers' Compensation.

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.

LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.

Privacy & Security Copyright © 2013 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.