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Vol. 4, Issue 32

Find Solutions & Strategies                           August 12, 2013

Blog signIndustry Bloggers Debate the Workers' Comp System
In This Issue
-BLOGGER'S DEBATE
-FLORIDA & OPIOIDS
-LARSON SPOTLIGHT: Successive injury, Attorney's fees, Temporary worker, Heart attack
-NEWSROOM BLOGS:
-LAW360 HEADLINES
-NATIONAL, STATE-BY-STATE NEWS
-eNEWSLETTER ARCHIVES
 A Note From the Editor
Mac L 
Dear Work Comp Community:  
 

This issue is dedicated to Macaroon, my trusty Jack Russell (3/2/1998-8/9/2013) and our eNewsletter mascot.

 

Like the dew on the mountain, Like the foam on the river, Like the bubble on the fountain, Thou art gone, and forever!

 
 
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
Law360: Get Breaking News 
Law360 
work comp bloggers debate
Industry Bloggers Debate the Workers' Compensation System. At the recent California Coalition on Workers' Compensation 11th Annual Conference in Anaheim, CA, industry bloggers Mark Walls (Work Comp Analysis Group on LinkedIn), Robert Rassp (The Rassp Report), Rebecca Shafer (ReduceYourWorkersComp), David DePaolo (DePaolo's Work Comp World), and Roberto Ceniceros (Comp Time) participated in a spirited debate on how we can improve the workers' compensation, what needs to be changed, and how to achieve those goals. Read more.
florida & opioids

Stahl, JohnImpact of Florida Law Targeting Physician-Dispensed Opioids: Results Show More Reform Required, by John Stahl, Esq. The latest report on Florida from the Workers' Compensation Research Institute (WCRI) is a trifecta in the sense that it addresses topics that arguably are the current "top three" workers' compensation drug-related issues: Overuse of opioids by workers' compensation claimants; "pill mills" in the form of doctors liberally (and profitably) dispensing prescription medicines from their offices; and the impact of legislative reforms on workers' compensation practices. Read more.

larson's spotlight: successive injury, attorney's fees, temporary worker, heart attack

Tom Robinson thumbnailLarson's Spotlight on Recent Cases, by Thomas A. Robinson, JD  

 

Alabama: Non-occupational "Factors" No Bar to Compensability of Successive Injury Claim. Quoting Larson's and stressing that with regard to successive injuries, (a) the location of the claimant's second injury need not be the same as the first and (b) the fact that non-occupational factors may have caused the second injury was not relevant, an Alabama appellate court...read more.

 

North Carolina: Attorney's Fees in 3rd Party Actions Limited to One-Third of Injured Employee's Recovery. While the North Carolina Industrial Commission does not have jurisdiction to determine the reasonableness of...read more.

 

Tennessee: Roofer Not "Temporary Worker" Under Terms of General Liability Policy. A worker engaged to assist the owners of a commercial building with the recoating of the building's roof was an "employee" and not a "temporary worker"...read more.

 

Texas: Compensable Heart Attack Need Not Occur During Work Hours. A Texas appellate court, construing Tex. Lab. Code Ann. � 408.008(1)...read more.

lexisnexis legal newsroom workers' comp blog posts

CassandraSalt Water Taffy and a Tad of Permanency - DE IAB Rules on Disputed Value of a Pelvis and Creates a Value for the Biliary Tract, by Cassandra Roberts, Esq. Read it.  

 

 

  

CWCICWCI Research Examines Effect of AMA's Reclassification of Obesity on California Workers' Comp. Read it.

 

 

 

 

Richard JacobsmeyerCalifornia: Appellate Court Publishes Opinion Reversed PTD Award Without Apportionment, by Richard M. Jacobsmeyer, Esq. Read it.

 

 

 

 

Fraud SignWorkers' Comp Fraud Blotter: Purchasing Insurance After Indictment Could Not Repair the Damage at This Auto ShopRead it and other news items. 

law360 headline news
national & State news

National and State-by-State News on the Free Web:

 

Ninth Circuit Issues Decision on Intoxication Defense Under Longshore Act.

IAIABC to Celebrate 100 Years in 2014.

Wal-Mart Signs Corporate-Wide Settlement With US DOL Over OSHA Citations.

Thousands Eligible for Workers Comp Due to Radiation at Fukushima Nuclear Plant.

Australia High Court Hears Motel Sex Injury Case.

 

AZ: Firefighters File RICO Lawsuit Against Third Party Administrator York Risk Services.

AZ: IC Conforms Fee Schedule to CPT-4, Updates Values of Selected Codes.

CA: WCIRB Proposes 3.4% Pure Premium Rate Increase.

CA: WCIRB Submits Regulatory Filing to Dept. of Insurance.

CA: WCIRB Posts Annual Conference Video Presentations.

CA: CSIMS Argues Insurers Hold the Key to Controlling Workers Comp Costs.

CT: Auditor Says WCC Should Not Transfer WC Admin Funds to General Fund.

FL: DWC Adopts Change to Notice of Election to be Exempt Per HB 941 (2012 Legislation).

IL: NCCI Seeks 4.5% Workers Comp Rate Decrease.

IL: Governor Appoints 3 New Arbitrators, 1 New Commissioner.

IL: Supreme Court Holds Mailbox Rule Applies to Commission Review Cases.

IL: First Felony Conviction Won Against Uninsured Employer.

IL: NCCI Files for 4.5% Decrease in 2014 WC Advisory Insurance Rates.

IL: Expert Says Medical Marijuana Act Won't Require Major Changes to Employers' Policies.

NH: NCCI Files for Decrease in Loss Costs, Assigned Risk Rates.

NY: WCB Requires WTC Health Program Approval for � 32 Agreements.

NY: WCB Implements Desk Arbitration of Health Care Billing Disputes.

NY: NYCIRB Revises Experience Rating Plan Rating Values Eff. Oct. 1, 2013.

NC: IC to Review Disapproved Rules to Comply With SB 174.

NC: IC Updates Medical Fee Schedule.

OR: DCBS Suspends Decertification of Oregon Employers Trust.

OR: WCB Proposes Comprehensive Rule Changes.

PA: State Bar WC Section to Honor Attorney Vincent J. Quatrini, Jr.

TX: DWC Posts Information re SB 1322 DME, Home Health Care Services Changes.

TX: DWC Adopts Amended Rule re Certification of MMI, Evaluation of Permanent Impairment.

TX: OEIC Amends Employers' Notification of Ombudsman Program Forms.

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].

August 5, 2013: Pain Disorders and the New DSM-5.

July 29, 2013: Cost of Depression and Absenteeism.

July 22, 2013: Premiums Charged by Hospital for Treating WC Claimants.

July 15, 2013: Tinnitus and Injury to the Ear.

July 8, 2013: Compound Drugs and Meningitis Outbreak.

July 1, 2013: Comparing Workers'  Comp and General Healthcare Costs.

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