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Vol. 4, Issue 21

Find Solutions & Strategies                               May 28, 2013

Carve OutUnion Carve-Outs
 
Labor-Management's Alternative to Workers' Compensation in Minnesota
  
In This Issue
-CARVE OUTS
-NEW YORK WORK COMP
-LARSON SPOTLIGHT: AOE/COE, Idiopathic Fall, Unwitnessed Death, Intentional Tort
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
2013 Edition Now Available
1230 2013 Edition 
Purchase at the LexisNexis Store
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
carve outs, minnesota style

Stahl, JohnUnion 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.

new york state of mind

Ronald WeissNew 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.

larson's on aoe/coe

Tom Robinson thumbnailClaimant 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.

national news

Physician Fee Schedules Work More for Evaluation/Management, Not Surgery.

Physician Dispensed Share of Prescription Costs Continued to Increase in 2011.

PEOs Responsible for Three Recent Workers Comp Insurer Insolvencies.

Success of PPACA Depends on Health Care Delivery/Finance/Insurance Reforms.

Terrorism and Workers Comp: Al Qaeda's Ample Opportunities for "Come Back".

U.S. Economic Stabilization Presents "Enormous Consequences" for P/C Insurers.

Medical Cost Containment, First Responders Expanded Benefits as Top Legal Trends.

"Balloon Theory" of WC Market Warns of Pressure on Residual Market.

NCCI Posts Residual Market State Activity Reports.

Op Ed Explores Problems With Legalizing Marijuana.

Experts Debate Over How to Safely Sell Marijuana.

GAO Slams Transportation Worker ID Program for Longshore, Maritime Workers.

Pro Football Player Injuries: NFL Medical Standards Practices.

Pro Football Player Injuries: Pain Management and Prescription Drug Abuse.

Pro Football Player Injuries: Costs of Retired Players Medical Bills.

State news

CA: Modified Proposed Interpreter Services Rules.

CA: Eliminating Delays in Processing PQME Requests.

CA: Latest IMR Decisions Posted.

CA: SB 863 Adjustments to QME Writing Course.

CA: DWC Annual Ethics Report.

CA: CorVel Allowed to Remove Doctor From MPN.

CA: SB 439 Would Clarify Legality of Medical Marijuana.

FL: NCCI to Recommend 0.7 Percent Workers Comp Rate Reduction. 

FL: DWC Proposes Changes to Medical Services Billing, Filing, and Reporting.

GA: SBWC Revises Form for Election/Rejection of Workers Comp Coverage.

IL: Audit Shows IDOT Road Fund Used Like "Credit Card" for Ailing Workers Comp Fund.

LA: HB 728 re Expedited Dispute Resolution Process Approved by House.

NE: WCC Advisory Explains Compliance w/Timely Electronic Filing of First, Second Reports.

NE: WCC Posts Statistical Report re Injuries Occurring in CY 2003-2012.

NJ: Assembly Passes Revised Social Media Employee Privacy Bill.

NJ: Assembly Clears Bill to Stop Trucker Misclassification.

NJ: WC Claim Not a Protected Activity to Trigger Whistleblower, Discrimination Laws.

NJ: Kids' Chance New Jersey Announces First Annual Fundraising Gala July 18.

NJ: NJCRIB Posts 2012 Annual Report.

NY: Court Affirms Death Benefits for Mother of Slain EMT.

NY: S5376 Would Require Audits Every 2 Years of Non-Construction Employers.

NY: S4090 Would Continue Death Benefits to Surviving Spouse Upon Remarriage.

NY: S2360 Would Allow Social Workers to Treat Injured Workers.

NY: A1792 Would Require Workers Comp Coverage for Farm Workers.

OK: Governor Signs SB 692 School District Insurance Pools Filing of Audit Statements.

OR: WCD Posts New Self-Insured Base Rates, Info re Method for Premium Determination.

OR: WCD Provides New Info re Medical Arbiter, Physician Review Exams.

OR: MAC Seeks to Define Chronic Opioid Use, Considers Drug Testing.

PA: Workers' Comp Judges Not Entitled to Raise, Pa. Justices Say.

PA: Bar Assoc. Announces 149 Attorneys Now Certified in Workers Comp Law.

TN: SB 833 re Worker Misclassification in Construction Industry Signed by Governor.

TX: SB 381 re Regulation of DWC Name, Symbols Sent to Governor.

TX: SB 1322 re Durable Medical Equipment, Home Health Services Enrolled.

TX: HB 3152 re Certified Workers Comp Networks Sent to Governor.

TX: HB 581 re Sovereign Immunity in Employment Lawsuits by Nurses Enrolled.

TX: HB 2645 re Independent Review Organizations Passed by House.

TX: HB 1762 re Injured Temporary Employees Sent to Governor.

TX: SB 801 re Security Deposit Requirements for Insurers Sent to Governor.

UT: Utah Workers Comp Fund Declares $8M Dividend to Policyholders.

WV: Supreme Court Rules Against Psychiatric Drugs for Worker Injured by Electric Shock.

WV: Supreme Court Gives University Worker's Carpal Tunnel Claim Another Chance.

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.

May 20, 2013: Update From the Benefits Review Board.

May 13, 2013: Killing Our Workers.

May 6, 2013: Oklahoma Opt Outs and ERISA.

Apr. 29, 2013: Arthur Larson and the Rule of Law.

Apr. 22, 2013: Proposed Tax on Workers' Comp Benefits.

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.

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