LexisNexis Workers' Comp: DBA/WHCA Procedures Clarified

Vol. 4, Issue 14

Find Solutions & Strategies April 8, 2013

Carriers' Entitlement to WHCA Reimbursement in DBA Cases

Benefits Review Board clarifies procedures

In This Issue

-LARSON SPOTLIGHT: Offset, Retirement, Independent Contractor, Choice of Law/Forum

-BLOGS: Fraud; California: Reforms Baseline, Lien Activation Fee Procedures; Delaware: Permanency, UIM Policy Proceeds, Contractor Statute and Exclusivity, Motion Day

-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

dba/whca procedures

Reinhalter Mark Board Clarifies Procedures in Defense Base Act Cases Where the Insurance Carrier May Be Entitled to War Hazards Compensation Act Reimbursement, by Mark A. Reinhalter, Counsel for Longshore, Office of the Solicitor, U.S. Dept. of Labor. The unprecedented degree of private contracting that accompanied the military interventions in Afghanistan in 2001 and Iraq in 2003 dramatically increased the significance of the Defense Base Act and the War Hazards Compensation Act. Not only have claims under both statutes grown exponentially but also novel procedural questions have arisen as a result of the statutes' interrelationship. In December 2012, the Benefits Review Board issued two published decisions addressing procedural issues stemming from a DBA insurance carrier's actual or potential entitlement to reimbursement under the WHCA...Read more.

larson's on offset

No Offset Against Workers' Comp Benefits Allowed for Injured Worker's Receipt of Unemployment Benefits, by Thomas A. Robinson. Extensively citing and quoting from Larson's Workers' Compensation Law, a Nebraska appellate court recently held that the relevant provision of Nebraska Employment Security Law disqualified a person from receiving unemployment benefits while receiving compensation for temporary disability under the Nebraska Workers' Compensation Act, unless the amount of workers' compensation benefits was less than the amount recoverable for unemployment. Read more about this case and other cases on retirement, independent contractor and choice of law/forum.

lexisnexis workers' comp law community

Workers' Comp Fraud Blotter: Disabled Mail Carrier Gets Five Months in Prison for Running Spa and Fitness Center. Read it and other news items.

Baseline Provided for Evaluating California SB 863 Reforms, by John Stahl, Esq. Read it.

Richard Jacobsmeyer

California: W.C.A.B. Issues Significant Panel Decision on Activation Fee Procedures, by Richard M. Jacobsmeyer, Esq. Read it.

Up the Appellate Ladder and Still No Section 2326 Permanency for Estate of Injured Worker in DE Who Was Smothered in Grain, by Cassandra Roberts, Esq. Read it.

The April Fools Post: The DE Supreme Court Excludes UIM Policy Proceeds From Statutory Comp Lien, by Cassandra Roberts, Esq. Read it.

A Significant Bench Ruling on Delaware's Section 2311 Contractor statute .... as it Happily Collides With the Doctrine of Exclusivity, by Cassandra Roberts, Esq. Read it.

Better Late Than Never? Not So Much on Motion Day in The First State, by Cassandra Roberts, Esq. Read it.

national news

Judges Rule AIG/Liberty Mutual Settlement Won't Adversely Affect Pending Appeal.

AIG Reduced Workers Comp Portfolio in U.S. in 2012.

Amerisafe's COO to Retire, New COO and CFO Named.

CMS to Hold WCMSA Town Hall April 11 re Workers' Compensation Review Contractor.

CMS Provides Guidance on Reporting a WC Case and Conditional Payments.

CMS Redesigning Website for COB, MSPR Sections of Medicare Tab on CMS.gov.

WCRI Releases 2013 Annual Report.

State news

AZ: SB 1148 Pro Athlete Ban on Filing Claims Out of State Sent to Governor.

CA: Judge Approves City of Stockton's Bankruptcy Application.

CA: WCIRB Says No July 2013 Filing as New Governing Committee Convenes.

CA: State Fund 2012 Annual Report Now Online.

CA: DWC Posts Adjustments to DMEPOS Section of OMFS.

CA: Three Arrested for Alleged Forged Counterfeit Workers Comp Insurance Certificates.

IN: SB 246 Would Create New Process for Attorney General's Inspection of Pill Mills.

IN: Attorney General Supports SB 246 Pill Mill Inspections.

KS: Governor Signs HB 2019 re Appointment of Court of Appeal Judges.

LA: OWC Files Notice of Intent to Amend Medical Reimbursement Schedule (p. 248 of PDF).

LA: OWC Proposes to Amend Portions of Hearing Rules (p. 484 of PDF).

ME: MEMIC Announces Promotion of McLain, Payton.

ME: Senator Tuttle Files Two Bills to Protect Injured Workers.

ME: LD 637 Would Prohibit Consideration of Preexisting Conditions in Short Term Disability Ins.

ME: LD 1087 Would Help Injured Workers With Gradual or Cumulative Injuries.

MD: WCC Posts Reminder re Best Practices for Subpoenas.

MI: WCA Adopts Rules re Electronic Payments for Injured Workers (p. 17 of PDF).

MI: Ins. Dept. Reminds WC Insurers re Policy Language for MCL 418.621 Provisions.

MO: Judge Upholds Kansas City Chiefs' Players Contract re Filing of WC Claims.

MT: DLI Proposes Rule Changes re Lump Sums, Attorney Fees, Change of TPA (p. 25).

MT: Hutterite Colony Petitions US Sup Ct re Workers Comp Insurance Decision.

NY: Wall Street Journal Reports Political Sleight of Hand in Fund Raid.

NY: WCB Suspends Two Authorized Providers.

NY: Lawmaker Lopez Objects to State Budget Raid of Workers Comp Fund.

ND: House Amendments Give WSI Power to Decide Use of Treating Doctor's Opinion.

OK: House Introduces Amendments to Workers Comp Reform Plan.

OK: House Hearing on Workers Comp Reform Plan Scheduled for Tuesday.

OR: Audio for MAC's March 15 Meeting Now Available.

OR: WCD Provides Guidance on Form 827 Worker's, Physician's Report for WC Claims.

PA: Audit by Philly City Controller Shows Taxpayers Pay for Excessive WC Claims.

TN: Senate Passes Workers' Comp Reform Bill.

TN: DWC Adopts Extensive Rule Changes Effective June 23.

WV: Supreme Court Upholds Need for Drug Tests in Record for Intoxication Claim.

WY: ESPC Think Tank Favors Workers Comp 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.

Apr. 1, 2013: Successes and Failures of Fee Schedules.

Mar. 25, 2013: Distracted Drivers and Workers' Comp.

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.

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