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Vol. 4, Issue 39

Find Solutions & Strategies                     September 30, 2013

The Flaming Pig Case  
 
When is a work injury substantially certain to occur?
In This Issue
-FLAMING PIG CASE
-NEW BOOK! WORKERS' COMP EMERGING ISSUES
-SPECIAL PRESALE PRICE
-LARSON'S SPOTLIGHT: RICO, Temporary Disability, Exclusive Remedy
-LAW360 HEADLINES
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
NEW! Presales start this week!
Announcing a unique compendium of  50 state workers' comp issues, trends, cases & legislation
Publisher: LexisNexis
  
"Anyone who wants to keep up with the pulse of the workers' comp industry would be wise to get their hands on a copy of this fabulous resource." -Rebecca A. Shafer, JD, President, Amaxx Risk Solutions
A Note From the Editor
Robin Kobayashi 2010  
Dear Work Comp Community:  
 
Thank you to all the contributors to our new Workers' Comp Emerging Issues Analysis book.  Take advantage of the special presale price today!
 
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
Defense Attorneys: Don't Keep Your Clients in the Dark...
   
Teach them how to control their workers' compensation costs!
Publisher: Amaxx Risk Solutions
the flaming pig case

Tom Robinson thumbnailCaterer Not Liable in Tort for Employee's Injuries Caused by "Flaming Pig", by Thomas A. Robinson, JD. In an unpublished decision, a New Jersey appellate court recently affirmed summary judgment in favor of a catering employer that had been sued by a waitress who sustained severe burns when an inexperienced co-employee doused a flaming pig with grain alcohol, causing it to "erupt" in flames, resulting in burns and eventual scarification to the plaintiff's right hand, forearm and right abdomen. Read more.

new! workers' compensation emerging issues analysis, 2013 edition

Special Presale Price $79*; Book ships late October 2013

 

Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get: 

  • A 50 state survey at a glance of workers' comp-related legislation, including selected drug bills, with commentary from 27 defense attorneys, 16 claimant's attorneys, and National expert Thomas A. Robinson, stafff writer for Larson's Workers' Compensation Law
  • In-depth analysis and insight on key issues, including exclusive remedy, medical marijuana, opt outs, Affordable Care Act & much more
  • Larson's Spotlight on interesting cases for 2013, written by Thomas A. Robinson

View the brochure & table of contents.

View sample pages.

Order online or contact Christine Hyatt below.

PROMO CODE: WCEIA

 

*Price does not include sales tax, shipping or handling. Price subject to change without notice. Discount cannot be combined with other offers. Expires 12/31/2013.

Workers' Comp Emerging issues analysis: reserve your copy today
Christine HyattTake Advantage of the Special Presale Price: Contact Christine Hyatt Today. Workers' Compensation Emerging Issues Analysis, part of the Larson Series, is an essential tool for the insurance industry, corporate risk managers, policy makers, and lawyers to understand what changes are being contemplated on the national level as well as in every state. Everything you need to know about workers' compensation in 2013 is contained in this compendium of legal issues, cases and legislation.

 

Who should use this resource:

  • Producers and Executives at brokers, TPAs or service providers preparing for client stewardship meetings
  • Claim Supervisors handling or overseeing multiple states
  • Corporate Risk Managers needing critical information to help develop a forward-looking risk management plan
  • Lawyers advancing the rule of law for their clients in the workers' compensation setting
  • Legislatures and policymakers seeking to improve their state's workers' compensation system

Bulk orders accepted!

 

Books start shipping in late October 2013.

 

To take advantage of this offer, contact Christine asap:

Direct: 937-247-8166

Email: Christine.E.Hyatt@lexisnexis.com

Fax: 1-800-624-8278

dol west coast symposium alert!

Attention! In the event of a government shutdown this week, please note that the location of the October 1st Symposium will be moved from the Federal Building on 7th Street, San Francisco, to Hastings College of the Law, 198 McAllister St, San Francisco (Louis B. Mayer Lounge). Contact clelaw@loyno.edu for the latest information on location.

larson's spotlight: RICO, temporary disability, exclusivity

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

  

Federal: Sixth Circuit RICO Suit Related to Workplace Injury Claims Dismissed. Reversing a decision entered last year by a three-judge panel of the 6th U.S. Circuit Court of Appeals, a divided en banc panel (11 to 5) of the Court has dismissed a suit alleging that a third-party claims administrator's collusion with Coca-Cola Enterprises to deny injured employee's workers' compensation benefits violated the RICO Act...read more.

 

Florida: Divided 1st DCA Creates "Virtual" MMI Date for Those Suffering Lengthy Periods of TTD. In a split (8 to 3) decision, the full First District Court of Appeal of Florida recently withdrew its earlier panel opinion in Westphal v. City of St. Petersburg, and receded from its previous en banc opinion in...read more.

 

Missouri: Exclusive Remedy Does Not Apply to Occupational Disease Claims. Agreeing with the appellate court for the state's Western Division which, in a split decision, had held that the exclusivity provisions of § 287.120 RSMo do not apply to occupational disease claims, the Court of Appeals for the state's Eastern District recently held that a trial court erred in dismissing a civil action filed against an employer...read more.

law360 headline news
state news

State-by-State News on the Free Web: 


US DOL Posts Final Rule re Byrd Amendments to Black Lung Benefits Act.

White House Delays Small Business Implementation of Affordable Care Act.

CMS Posts Interim Final Rule re Web Portal Required by SMART Act.

NICB Reports Questionable WC Claims Increasing.

GAO Reports $3.7B in US Postal Workers Comp Costs for FY 2012.

 

AL: NCCI Recommends 3.3% Increase for Loss Cost Filing.

CA: DWC Issues 15-Day Notice re Proposed Changes to UR-IMR Rules.

CA: WCAB Issues Final Rules Eff. 10-23-2013.

CA: WCIRB Reports 21% Increase in Written Premium for 1st Half of 2013.

CA: CDI to Hold Hearing Oct. 28 on WCIRB Pure Premium Rate Filing.

CA: Most Pro-Athlete Injury Claims Filed by Athletes With Short-Lived Careers.

CA: Governor Signs SB 251 Electronic Transmission of WC Insurance Notices.

CA: Governor Signs Domestic Worker Bill of Rights.

CA: Governor Signs SB 670 Limits on Prescribing of Controlled Substances.

CA: Governor Signs SB 809 CURES Controlled Substance Monitoring.

CA: Governor Vetoes SB 62 Coroner Reporting of Prescription Drug Misuse.

CT: NCCI Files 3.2% Increase in WC Loss Costs.

CT: High Court Rules Severance Claim Didn't Settle WC Claim.

DE: Rating Bureau to File 40% Increase in WC Rates Despite Reforms.

DE: Lawmakers, Business Groups Question Rating Bureau's Rate Filing.

FL: Court Skirts Constitutionality Issue Re: 2 year Limit on TD Benefits.

HI: NCCI Recommends 6.2% Increase in Loss Cost Filing.

IA: DWC Announces $5.8M Assessment for Second Injury Fund.

KS: NCCI Recommends 0.9% Increase in Loss Cost Filing.

KY: DWC Schedules Oct.10 Meeting re Proposed Physician Fee Schedule.

MD: IWIF Changes Name, Structure to Private, Not for Profit, Eff. Oct. 1.

MA: LexisNexis Author Deborah Kohl Recognized by Best Lawyers for 2014.

NY: WCB Announces Business Process Reengineering Stakeholder Outreach Events.

OH: BWC CEO Holds Business Roundtable re WC Premiums.

OR: WCD Posts Compensable Fatality Report Update 2012.

OR: WCD Revises Proposed Rules re Medical Fee and Payment.

OR: WCD Revises Proposed Rules re Self-Insureds Reporting Requirements.

OR: WCD Revises Proposed Rules re Medical Services.

OR: WCD Revises Proposed Rules re Managed Care Organizations.

OR: WCD Revises Proposed Rules re Vocational Assistance to IWs.

OR: WCD Updates Reimbursement Rates for Travel/Food/Lodging Costs.

RI: DLT Proposes Use of RBRVS in Fee Schedule.

TX: DWC Posts New Maximum Benefit Rates.

TX: DWC Posts 4Q Interest, Discount Rate.

WV: Worker's Claimed Injury From Forklift "Bumpy Ride" Denied.

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 23, 2013: Prevalence/Costs of Physician-Dispensed Drugs

September 16, 2013: Who's Going Postal Now

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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