2013 Edition Now Available | |
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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
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carve outs, minnesota style |
Union Carve-Outs: Labor-Management's Alternative to Workers' Compensation in Minnesota, by John Stahl, Esq. Collectively bargained workers' compensation programs, which are commonly known as carve outs, are a cousin to "opt-out" programs in that both are alternatives to traditional workers' compensation systems. The similarities extend to both programs avoiding many of the expensive and administratively burdensome elements that are associated with traditional workers' compensation systems. Significant differences between carve-outs and opt-outs include... read more.
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new york state of mind |
 New York Workers' Compensation State of Mind, by Ronald E. Weiss, Esq. and Ronald Balter, Esq. The year 2012 saw growing controversy over the cost and the effectiveness of the 2007 reforms to the Workers' Compensation Law. The New York Compensation Insurance Rating Board requested an 11.5% increase in premium rates which it ascribed to the increase in workers' compensation indemnity rates without corresponding savings from implementation of the durational caps. In response, the Commissioner of Financial Services actually directed a 1.2% rate decrease. Read more.
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larson's on aoe/coe |
Claimant Cannot "Swap Horses Between Courts, by Thomas A. Robinson, JD. Using a colorful metaphor penned in an earlier Appeals' Court opinion, that "law does not permit parties to swap horses between courts in order to get a better mount on appeal" [quoting Floyd v. Exec. Pers. Grp., 194 N.C. App. 322, 329, 669 S.E.2d 822, 828 (2008)], a North Carolina appellate court recently affirmed a finding by the state's Industrial Commission that found an employee's injuries did not arise out of and in the course of the employment. Read more about this case and other cases on Idiopathic Fall, Unwitnessed Death, and Intentional Tort.
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