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Vol. 4, Issue 37

Find Solutions & Strategies                     September 16, 2013

Search WarrantWho's Going Postal Now?  
 
U.S. Special Agents alleged to have stormed postal worker's home to investigate workers' comp fraud
In This Issue
-GOING POSTAL?
-LARSON'S SPOTLIGHT: Toxic Mold, Traveling Employee, Covered Claims
-LONGSHORE SYMPOSIUM
-NEWSROOM BLOGS
-LAW360 HEADLINES
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor
Robin Kobayashi 2010  
Dear Work Comp Community:  
 
This week we report a doozy of case from the federal district court in California. 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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going postal?

Tom Robinson thumbnailPostal Employee's Intentional Infliction of Emotional Distress Action Re: Search Warrant "Invasion" of Residence May Proceed, by Thomas A. Robinson, JD. A federal district court, sitting in California, recently refused to grant the federal government's motion for summary judgment in an intentional infliction of emotional distress action (among other claims) filed against it by a postal service employee who claimed that heavily-armed U.S. Postal Service special agents stormed into her residence and executed an invalid search warrant that had been issued in connection with the government's claim that the woman had engaged in workers' compensation fraud. She alleged that the agents confronted her with guns, aimed their rifles at her dog, "grabbed her," refused to allow her to use her bathroom without being accompanied by one of the officers, and otherwise harassed and intimidated her without justification.... Read more.

larson's spotlight: toxic mold, traveling employee, covered claims

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

 

Mississippi: Employee's Tort Action Against Law Firm for Exposure to Toxic Mold Fails. The Supreme Court of Mississippi recently reversed a trial court's denial of a law firm's motion to dismiss a civil action filed against it and the firm's individual partners...read more.

 

Illinois: "Traveling Employee" Rule Relates to Comp Cases Only; May Not Be Extended to Tort Law. An Illinois appellate court recently held that workers' compensation law's "traveling employee" doctrine may not...read more.

 

Georgia: Uninsured Fund May Not Challenge Constitutionality of Statutory Amendment Expanding "Covered Claims". A public entity, such as the Georgia Insurers Insolvency Pool, created as it was by the Georgia legislature...read more

longshore act symposium, oct. 1, 2013

Loyola University New Orleans College of Law

In Conjunction with

The United States Department of Labor

Presents

 

DOL West Coast Symposium III

Tuesday, October 1, 2013

San Francisco Federal Bldg., 90 7th Street, Joint Auditorium B-040 - B-020,

7th and Mission, San Francisco, CA 94103

 

Register here. The West Coast has unique and interesting developments with respect to processing Longshore and Defense Base Act claims. In conjunction with Loyola University, the U.S. Dept. of Labor is putting on a West Coast Symposium to discuss some of these developments. Topics include Handling Claims before OWCP and the ALJ--A to Z; attorney fee awards; DBA issues including a discussion of 6(c) and pertinent recent legal cases; War Hazards issues; San Francisco OALJ pre-trial Procedures; and much more. CLE Credit Hours: 6.50

lexisnexis legal newsroom blogs
Martin KlugMissouri: Young Woman Who Won't Quit Smoking Awarded Permanent Total, by Martin Klug, Esq. Read it.    
  
  
  
  
Raymond CorreioCalifornia: A Radical/Diametrical Change in the Law of Apportionment, by Raymond F. Correio, Esq. Read it.   
    
  
   
  
Fraud Sign
Workers' Comp Fraud Blotter: Video Demolishes  Fraudulent Workers' Comp ClaimRead it and other news items.
 
law360 headline news
national & State news

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

 

NCCI Posts Workers' Comp Claim Frequency 2013 Update.

9th Cir Ruling Enables CMS to Refer Debt to Collections During Appeals.

 

CA: WCIRB Submits 6.9% Workers Comp Rate Hike for 2014.

CA: WCAN Hopes SB 863 Reforms Kick in to Slow Down Rate Increases.

CA: DWC Readopts Emergency Regs: IMR, IBR, Lien Filing Fee.

CA: 43 Football Coaches, Staff Have Pending Workers Comp Claims in Calif.

CT: Labor Union Urges Expansion of WC Law to Cover Mental Distress.

CT: WCC Posts 2012-2013 Annual Report.

FL: DWC Posts 2014 Legislative Agenda; Increase in Compensation Rate.

ID: IC Posts Reminders on Expediting Lump Sum Settlements.

ID: IC Provides Guidance on Electronic Payments of WC Benefits.

IA: NCCI Recommends 2% Decrease in Workers Comp Rates Eff. Jan. 1.

KS: Workers' Comp Nominating Committee's First Session Closed to Public.

MO: Governor's Veto of SB 34 WC Database Sustained by Legislature.

NJ: A2000 Independent Contractor/Trucking Business Bill Vetoed by Governor.

NJ: DWC Proposes to Increase Max. WC Benefit Rates (see 45 N.J.R. 2022(a)).

OH: IC, BWC Propose Rule Changes re Wage Loss Compensation.

OK: Governor Makes Appointment to Workers Comp Transition Team.

OR: DCBS Announces 7.6% Decrease in Workers Comp Rates.

TN: NCCI Recommends 8.4% Decrease in Loss Costs.

TN: DWC Proposes More Regs to Implement Reforms.

TX: Insurance Carrier Pharmacy Closed Formulary Data Call Results Posted.

TX: DWC Marks Centennial of Workers' Comp Laws.

WV: NCCI Explains 8.8% Decrease in Loss Cost Filing.

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.

September 9, 2013: IAIABC Policy Guide on Reducing Opioid Abuse

September 3, 2013: The Farm Labor Exclusion

August 26, 2013: The Fog of Adequacy

August 19, 2013: Texas Workers' Comp v. Medicare Secondary Payer Act

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.

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