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Vol. 4, Issue 33

Find Solutions & Strategies                           August 19, 2013

United States Supreme CourtTexas Workers' Comp vs. Medicare Secondary Payer Act 
 
Will the High Court grant cert in Caldera?
In This Issue
-TX WORK COMP v. MSP
-NAT'L WC CONFERENCE
-LARSON SPOTLIGHT: Deviation, Retaliatory discharge, Incarceration, Mailbox rule
-NEWSROOM BLOGS: Disfigurement, Brain impairment, Discovery violations, Underreporting of payroll
-LAW360 HEADLINES
-NATIONAL, STATE-BY-STATE NEWS
-eNEWSLETTER ARCHIVES
 A Note From the Editor
 Robin Kobayashi 2010 
Dear Work Comp Community:  
 
Is the third time the charm? First there was Hadden, and then In re Avandia, both of which were denied cert. Will Caldera be taken up by the U.S. Supremes? It's time for the high court to step up and give us guidance on the Medicare Secondary Payer Act.
 
We hope you will join us at the National Workers' Comp Conference, Mandalay Bay Resort, Las Vegas, Nov. 20-22. Note that there are two sessions on the MSP at this event.
 
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 
texas workers' comp vs. msp
Jen Jordan March 2010 thumbnailTexas Workers' Comp vs. Medicare Secondary Payer Act: Will the Supreme Court Decide Which Will Prevail? by Jennifer C. Jordan, Esq. On August 8, 2013, Guadalupe Caldera petitioned the U.S. Supreme Court to take cert in his case against The Insurance Company of the State of Pennsylvania. Last spring, the Fifth Circuit Court of Appeals upheld a District Court opinion finding that the insurer had no obligation to reimburse Medicare for medical care that the carrier had stipulated its responsibility for in an Agreed Judgment, because at the time of the surgeries in question, the claimant failed to seek pre-authorization pursuant to state workers' compensation law from the carrier, despite the fact that carrier had administratively closed his claim several years before....Read more.
national workers' comp conference

LexisNexis has once again partnered with the National Workers' Compensation & Disability Conference, to bring you firsthand insights from NWCDC 2013 logorespected attorneys including Lex K. Larson, Stuart D. Colburn, Robert G. Rassp, Jennifer C. Jordan and many more. Plus, you'll earn CLEs just by attending. Best of all, because of our partnership with the conference our members get a special discount: $325.00 off the conference's on-site rate. You attend for only $995 by registering with Promo Code LNENL by Nov. 4.

larson's spotlight: DEVIATION, RETALIATORY DISCHARGE, INCARCERATION, MAILBOX RULE

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

 

Pennsylvania: Shortness of Deviation Time Not Determinative to Claim. Reversing a decision by the state's Workers' Comp. Appeal Board that, in turn, had affirmed a judge's award of workers' compensation benefits to a claimant who sustained serious injuries to his thumb when he stepped away from his post for a few minutes to polish a bolt for his child's go-cart...read more.

 

Federal: Retaliatory Discharge Action Not Dependent Upon CBA. The 7th Circuit Court of Appeals recently held that a former employee's state court...read more.

 

Virginia: Credit for Claimant's Incarceration Limited to When Employer's Petition Filed. Upon a claimant's conviction and sentencing, the employer is...read more.

 

Illinois: "Mailbox Rule" Applies to Appeals From Commission to Circuit Courts. Reversing a decision of a state appellate court that had vacated...read more.

lexisnexis legal newsroom workers' comp blog posts

CassandraBeauty is in the eye...A Primer on Delaware's Bagley analysis for disfigurement, by Cassandra Roberts, Esq. Read it. 

  

 

 

 

 

CassandraIf I only had a brain...DE IAB rules on issue of "biological depression" and brain impairment, by Cassandra Roberts, Esq. Read it.

 

  

 

 

 

CassandraExcuses, excuses...and a lack of Excusable Neglect in DE: Discovery violations lead to $182K bond and $23K in attorney's fees, by Cassandra Roberts, Esq. Read it

 

 

 

 

Fraud SignWorkers' Comp Fraud Blotter: Awesome Cleaning Products Underreported Payroll by $8MRead it and other news items. 

 

 

 

law360 headline news
national & State news

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

 

Former CEO of Arkansas Workers' Comp Commission Joins WCRI.

ICD-10 to Impact Workers Comp, Nursing Homes, Home Health Agencies.

A.M. Best Releases Report on U.S. Captive Insurance Results.

Barbara Silverstone Named New Executive Director for NOSSCR.

CMS Posts New Excluded ICD-9 Diagnosis Codes for No-Fault Claim Records.

 

AZ: IC Posts NCCI Report on Medical Costs in Arizona.

CA: How Multicultural Healthcare Providers Can Help Solve Doctor Shortage.

CA: New Face of the Culturally Sensitive Generation of Healthcare Providers.

CA: OSIP Launches E-Filing Portal for Self-Insured Public Agencies.

CA: Amended AB 1309 Clarifies Bill Applies to Pro Athletes Only.

CA: Pepper Spray Cop at UC Davis to Receive WC Benefits.

CA: DWC Final Interpreter Services Rules Now in Effect

CA: DWC Posts Fact Sheet for RBRVS Physician Fee Schedule.

CA: DWC Issues Notice of Public Hearing for MPN Rules.

CA: WCIRB Reports Impact of SB 863 on Loss Development.

CA: CDI Approves TRIPRA Endorsements.

FL: FLOIR to Review NCCI's 1% Workers Comp Rate Increase Filing.

KS: Nominating Committee for Comp Judges Plans Open Meetings.

MD: WCC Posts Information on Carriers in Liquidation.

MT: Dept of Labor Cites Decrease in Workplace Injuries, Benefits of Reforms.

NH: LGC Names Senate President Peter Bragdon as New Director.

NH: Public Hearing on NCCI Rate Filing Scheduled for 10/2/2013.

NY: WCB to Work With Stakeholders to Improve WC System.

NY: WCB Partners With Deloitte to Reengineer Claims Management System.

NY: WCB Post Changes to List of Authorized Providers.

OH: BWC Highlights Preventative Measures for Workers Near Grain Bins.

OH: Facebook Photos Reveal Man Fraudulently Collected WC Benefits.

OR: WCD Proposes Changes to Electronic Data Interchange Rules.

OR: WCD Posts 2012 ALJ, Mediator Rating Scores.

SC: WCC Posts FAQs on Mediation Rules Eff. 6-28-2013.

SC: WCC OKs Proposed Amendments to Lump Sum Payment Rules.

TX: Commissioner Bordelon Appoints New Medical Advisor.

TX: DWC Posts Safety & Health Update August 2013.

TX: OIEC Calls for Reform of State WC System Unfair to Injured Workers.

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 12, 2013: Industry Bloggers Debate the Workers' Comp System.

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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