A Note From the Editor | |
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
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texas workers' comp vs. msp |
Texas 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. |
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national workers' comp conference |
LexisNexis has once again partnered with the National Workers' Compensation & Disability Conference�, to bring you firsthand insights from respected 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. |
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larson's spotlight: DEVIATION, RETALIATORY DISCHARGE, INCARCERATION, MAILBOX RULE |
Larson'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. |
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