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Vol. 4, Issue 16

Find Solutions & Strategies                               April 22, 2013

Tax MagnifierProposed Tax on Workers' Comp Benefits
  
Trying to avert a crisis in Massachusetts
 
In This Issue
-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
A Note From the Editor
Workers Memorial Day CC 
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
proposed tax

Tax blocksA 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.

boston & west, texas

Workers' compensation & workplace safety news coverage...from terrorism insurance and first responders, to post traumatic stress disorder and opt outs in general...

 

Unclear if Boston Marathon Bombings Covered by TRIA.

Boston Raises Important Questions About TRIA.

Why Heroes Risk Their Lives for Complete Strangers.

Impact of Stress From Boston Bombings.

First Responders Perish in Fertilizer Plant Explosion.

West Fertilizer Co. Last Inspected by OSHA in 1985.

West Fertilizer First Responders Exposed to Toxic Fumes.

A History of the West Fertilizer Company.

West Fertilizer Risk Management, Insurance Issues.

larson's on idiopathic fall

Tom Robinson thumbnail

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.

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."

lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter: Former NY Giants Player Indicted for $1.5M Insurance Fraud Scheme. Read it and other news items.

 

         

 

 

CWCICWCI Scorecard Examines California Workers' Comp "Other Injury, Poisoning & Toxic Effect" Claims. Read it. 

 

  

 

 

Mark KahnCalifornia: The Element of Surprise as an Ex Parte Communication, by Mark Kahn, Esq. Read it.

 

 

 

 

Penalty FlagCalifornia: Labor Code Does Not Permit Defendant to Bury Its Head in the Sand to Dodge Its Obligations. Read it.

 

   

 

 

CassandraMake Mine a Chimichanga: DE Supreme Court Issues Long Awaited Ruling on UR Appeal Deadline, by Cassandra Roberts, Esq. Read it

  

 

 

 

CassandraDoctor in the House: DE Superior Court Calls for Use of Video Depositions in IAB Hearings, by Cassandra Roberts, Esq. Read it. 

 

 

 

 

Keith KasperVermont Workers' Compensation Update: January - March 2013, by Keith J. Kasper, Esq. Read it.

national news
State news

CA: DWC to Hold May 7 Meeting to Discuss IMR, IBR Communications.

CA: DWC Posts WCIS Administrative Penalty Regulations for Public Comment.

CA: DWC Posts Revised Benefit Notice Rules for Public Comment.

CA: DWC Audit Unit Begins Investigating Violations of Electronic Billing Rules.

CA: Retired Pro Athletes Protest Bill That Would Clamp Down on Filing WC Claims in Calif.

CA: WCIRB Provides Guidance re Audit Requirements for Dual Wage Classifications.

CT: Chairman of WC Advisory Board Under Attack for Lobbying, WC Cases Connection.

ID: Industrial Commission Adopts Rules re Self-Insured Employers, Medical Fees.

IN: WCB Revises Notice of Suspension of Compensation and/or Benefits Form.

MN: HF 504 Would Eliminate Workers Comp Reinsurance Association Prefunded Limit.

MN: HF 1319 Would Prohibit Employer Steering Practices re Chiropractic Services.

MN: HF 1378 Would Modify Workers Comp Court of Appeals Personnel Provisions.

MN: HF 1359 Would Make Various Policy, Housekeeping Changes for Workers Comp.

MT: Former Montana Power Agrees to $1.2M Settlement re Unpaid Work Comp Claims.

NV: AB 427 Would Change AWW Calculation, Allow Specified Bad Faith Claims.

NJ: LWD to Review Court Rules.

NY: WCB Reports 2013-14 NYS Budget Includes Major Changes to Workers' Comp.

NY: WCB Announces New Printable eClaims Transaction Reports Now Available.

NY: WCB Rejects License Renewal for TPA of Public Employer Risk Management Assoc.

NY: 2nd Circuit Rules NFL Collective Bargaining Agreement Preempts NY Work Comp Law.

NY: Pastor Ordered to Pay Back Workers' Comp Benefits, Fined With Penalty.

NC: IC Provides Guidance on Prepayment of Negotiated Rates for IMEs, Second Opinions.

NC: IC Announces Updated Insurance Coverage Search System.

OH: BWC Appeals Judge's Order re $860M Repayments.

OK: House Republicans May Lodge 10 to 25 Amendments for Workers' Comp Bill.

OK: Attorney Says Opt Out Provision Would Result in "ObamaComp".

OR: SAIF Posts 2012 Annual Report.

OR: WCD Proposes Changes to Preferred Worker Program: RTW Pilot Projects.

OR: Permanent Rules Published re Reducing Employer-at-Injury Program Wage Subsidies.

SC: WCC Approves Recommendation on Lump Sum Payments.

TX: DWC Posts Hotline Number, Information re West Fertilizer Company Explosion.

TX: DWC Posts Guidance on IW Requests for Post-Designated Doctor Exams of MMI.

TX: DWC Posts Audio of Hearing re Certification of Maximum Medical Improvement.

TX: DWC Posts April 2013 Safety & Health Update Newsletter.

TX: DWC Posts Recent Enforcement Actions.

UT: Labor Commission Summarizes New Laws re Workers' Comp.

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].

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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