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Find Solutions & Strategies April 22, 2013 |
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Proposed Tax on Workers' Comp Benefits
Trying to avert a crisis in Massachusetts | |
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In This Issue |
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-PROPOSED TAX | -TRIA, FIRST RESPONDERS, PTSD. OPT OUT | -LARSON SPOTLIGHT: Idiopathic Fall, Late Filing, Filing of Claim, Job Search | -KIDS' CHANCE | -BLOGS: Fraud, Poison, Surprise, Penalty, UR, Video Depositions, Vermont Cases | -NATIONAL NEWS | -STATE NEWS | -eNEWSLETTER ARCHIVES |
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A Note From the Editor | |
Dear Workers' Comp Community:
In commemoration of Workers' Memorial Day, April 28, this issue is dedicated to the first responders and workers who lost their lives in Boston and West, Texas.
Please support Kids' Chance of America to provide educational opportunities for the children of workers seriously injured or killed on the job. Find your state organization here.
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
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proposed tax |
A Proposed Draconian Tax on Workers' Comp Benefits: Trying to Avert a Crisis in Massachusetts, by Robin E. Kobayashi, J.D. It has long been the case that workers' comp benefits are virtually universally exempt from state or federal taxation, the reason being that an injured worker does not stand to profit for losing some aspect of their health or being disabled; therefore, the injured worker should not be taxed for receiving workers' comp benefits. As reported by the Boston Globe on January 19, 2013, Governor Deval Patrick's proposed 2014 budget contains a long list of proposed state tax changes. Among these is a line item to remove the exemption for workers' compensation benefits, which would generate an estimated $8M annually in state revenue at the current tax rate of 5.25% and an estimated $10M annually at a 6.25% tax rate. Read more. |
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larson's on idiopathic fall |
Idiopathic Fall From Standing Position to Brick Floor Not Compensable, by Thomas A. Robinson, JD. Citing Larson's Workers' Compensation Law, an Oregon appellate court recently held that a cook/cashier's fall from a standing position onto the brick floor of her workplace did not arise out of her employment where the cause of the fall was idiopathic in nature. Read more about this case and other cases on late filing, filing of claim, and job search. |
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KIDS' CHANCE in the news |
Suzanne Emmet Named President of Kids' Chance of America. Suzanne Emmet, CPCU, CCEP, ARe, Senior Vice President of Claims and Corporate Compliance at Eastern Insurance Holdings, Inc. (Eastern) in Lancaster, was recently named president of Kids' Chance of America (KCA). The mission of KCA is to create, assist and support all Kids' Chance organizations and other similar programs nationwide that provide educational opportunities and scholarships for the children of workers seriously injured or killed on the job. Read more.
College of Workers' Compensation Lawyers Endorses Kids' Chance. The Board of Governors of the College of Workers' Compensation Lawyers (CWCL) has recently voted to endorse Kids' Chance. According to President Deborah G. Kohl, Esq., CWCL has donated money to Kids' Chance and is featuring Kids' Chance on the CWCL website. "It is our charity of choice as an organization," explained Kohl. "We intend to work closely with them over the coming years to support their excellent charitable goals."
Kids' Chance of Pennsylvania Golf Outing. In conjunction with the upcoming Pennsylvania Bureau of Workers' Compensation's Annual Conference, Kids' Chance is hosting a golf outing on June 9. All proceeds benefit Kids' Chance of Pennsylvania to help provide financial support through scholarship grants to children of Pennsylvania workers who have been killed or seriously injured in a work-related accident resulting in financial need. Kevin Connors, Esq. of Connors Law LLP says he plans to participate in the golf outing. "Our firm has donated $1,000 to this event," says Connors. "We proudly support the charitable goals of Kids' Chance." |
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lexisnexis workers' comp law community |
Workers' Comp Fraud Blotter: Former NY Giants Player Indicted for $1.5M Insurance Fraud Scheme. Read it and other news items.
CWCI Scorecard Examines California Workers' Comp "Other Injury, Poisoning & Toxic Effect" Claims. Read it.
California: The Element of Surprise as an Ex Parte Communication, by Mark Kahn, Esq. Read it.
California: Labor Code Does Not Permit Defendant to Bury Its Head in the Sand to Dodge Its Obligations. Read it.
Make Mine a Chimichanga: DE Supreme Court Issues Long Awaited Ruling on UR Appeal Deadline, by Cassandra Roberts, Esq. Read it.
Doctor in the House: DE Superior Court Calls for Use of Video Depositions in IAB Hearings, by Cassandra Roberts, Esq. Read it.
Vermont Workers' Compensation Update: January - March 2013, by Keith J. Kasper, Esq. Read it. |
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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 [email protected].
Apr. 15, 2013: Legal Impairment: Legalized Marijuana in the Workplace. Apr. 8, 2013: DBA/WHCA Procedures Clarified by Benefits Review Board. Apr. 1, 2013: Successes and Failures of Fee Schedules. ACCESS 2010-2013 ARCHIVES AND ARTICLES LIST HERE. |
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