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Vol. 4, Issue 46

Find Solutions & Strategies                        November 18, 2013

150,000 Medical Diagnostic Errors Estimated Per Year
 
In This Issue
-DIAGNOSTIC ERRORS
-LARSON'S SPOTLIGHT: Subrogation, AWW, Exclusivity, Attendant Care
-NEW! WORKERS' COMP EMERGING ISSUES
-LN NEWSROOM BLOGS
-NATIONAL & STATE NEWS
-LAW360 NEWS
-eNEWSLETTER ARCHIVES
 A Note From the Editor

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Dear Work Comp Community:

 

This week is the National Workers' Comp Conference in Las Vegas. Hope to see you there! To sign up for this free weekly eNewsletter, click here

  
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
Conference Begins This Week!
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Register and be sure to viisit LexisNexis Booth #1753.
medical diagnostic errors

150,000 Medical Diagnostic Errors Estimated Per Year: Study Finds Doctor/Patient Communications Largely to Blame, by Teresa McLoughlin Rice, Esq. Over 100 years ago the esteemed physician, William Ostler, advised medical students to listen to the patient and the patient would give them the diagnosis. A recent study has confirmed the enduring nature of this advice. Undertaken by Dr. Hardeep Singh, MD, MPH and colleagues, and published in the March edition of JAMA Internal Medicine, the study Types and Origins of Diagnostic Errors in Primary Care Settings, concluded that in confirmed cases of diagnostic errors in primary care settings (generally defined as missed, delayed or wrong diagnoses) a staggering 78.9% were due, in part, to mistakes made in the doctor-patient clinical encounter. Read more.

larson's spotlight on recent cases

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

  

NJ: Small Dog Has Big Bite, Yet Subrogation Claim Fails Since Recovery Could Have Been Had Under State's No-Fault Auto Law. In an unpublished decision, a New Jersey court recently held that a workers' compensation insurer was not entitled to pursue a subrogation claim for $900 in medical bills  associated with injuries a police officer sustained when he was bitten on the hand by a Chihuahua sitting in the lap of a driver...Read more.

 

DC: Average Weekly Wage Must Include Housing Allowance Provided to Employee. The D.C. Court of Appeals recently held that the district's Compensation Review Board erred in directing an ALJ to disregard a housing allowance...Read more.

 

GA: Kidnapped and Sexually Assaulted Employee's Negligence Action Against Employer Barred by Exclusivity. A Georgia appellate court recently affirmed a trial court's decision granting summary judgment in favor of an employer in a negligence action...Read more.

 

NC: Commission Erred in Refusing Retroactive Attendant Care Services Reimbursement to Spouse. In a divided decision, the Supreme Court of North Carolina recently held that the state's Industrial Commission may not bar family members from...Read more.

50 STATE TRENDS AND LEGISLATION

Special Discount Price $79*; Books shipping now! 

  

"An excellent resource for tracking national and state trends..."

-Paul Salafia, Esq., Devine, Millimet & Branch, Manchester, NH

 

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

  

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 at  ph. 937-247-8166, or Email: Christine.E.Hyatt@lexisnexis.com.

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*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.

 
lexisnexis legal newsroom blogs
Fraud SignWorkers' Comp Fraud Blotter: Fatal Lightning Strike Reveals Lack of WC Insurance. Read it and other news items.    
  
  
  
  
Richard JacobsmeyerCalifornia: Supreme Court Affirms COA in Valdez, by Richard M. Jacobsmeyer, Esq. Read it.
  
  
  
   
CWCIInitial Data on 2012 Private Self-Insured Claims Show Stable Claim Frequency, Declining Severity, by CWCI. Read it.
  
  
  
  
CassandraNo Room at the Inn: DE's Work Comp Inn of Court Makes History With Largest Inaugural Membership of Any Inn to Date, by Cassandra Roberts, Esq. Read it.
  
  
   
Martin KlugMO Supreme Court Announces New Standards for Fund Cases, by Martin Klug, Esq. Read it.
  
Defense Attorneys: Don't Keep Your Clients in the Dark...Buy Now and Save $100
Teach them how to control their workers' compensation costs!
Publisher: Amaxx Risk Solutions
national & state news

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

 

BLS Releases 2012 Employer-Reported Workplace Injuries and Illnesses.

U.S. Senate Subcommittee Discusses Payroll Fraud at Nov. 12 Hearing.

CA: DWC Will No Longer Collect Lien Activation Fees as of 11/19/2013.

CA: SCIF's CEO Rowe, CFO Dan Sevilla Have Resigned.

CA: DWC Posts Revised QME Form 105, Instructions for QME Forms.

CA: DWC to Hold Public Hearing to Revise RBRVS Physician Fee Schedule.

CA: Sen. Calderon Removed From Committee Assignments Pending Bribery Investigation.

CA: WCIRB Provides Guidance on Assignment by Analogy Based on Process & Hazard.

CO: Pinnacol Board Chair Says Privatization Not Top Priority.

FL: WCRI Reports Rapid Growth for Outpatient Hospital Costs Per Claim.

FL: DWC Proposes Rule Amendment re Limited Liability Companies.

FL: FWCJUA to Discuss Business Plan & Forecast at Dec. 11 Conference Call.

IN: WCB Reports Second Injury Fund "In the Black" at End of 2013.

IA: High Court Awards Benefits to Immigrant With Expired Visa.

MN: DLI Begins 2-Year Pilot to Help IWs With Serious Low Back Injuries.

MN: DLI Offers Best Practices, Tips for New Law on Voc Rehab Conferences.

MN: DLI Seeks Input on Possible Proposed Long-Term Opioid Use Rules.

MN: DLI Reports Drops in Number of Claims, Premium Costs.

MN: DLI Reports Increase in Workplace Fatalities for 2012.

MN: DLI Gears Up for Electronic Filing of FROI 1/1/2014 Implementation Date.

MN: DLI Reports Size of Stipulated Amounts Varies by Workers' Age.

MO: News Report Questions Governor's Veto of Prescription Drug Database Bill.

MT: Workers Comp Judge to Enter Race for High Court Position.

NE: WCC Posts Summaries of Top Cases for FY 2013.

NE: WCC Proposes Rule Changes re Fees, VR, Lump Sums for Dec. 12 Meeting.

NJ: DWC Announces New Maximum, Minimum Benefit Rates.

NM: NCCI Explains 4% Increase in Loss Costs/Rate Filing.

NY: State Bar Questions Governor's Plan to Shut Down 8 WC Hearing Sites.

NY: Senate Holds Hearing on Worker Misclassification.

NY: WCB Posts Changes to List of Health Care Providers.

NC: Insurance Commissioner Approves 0.3% Loss Cost Increase.

OK: High Court to Hear Oral Arguments Thursday for Challenge to WC Reforms.

OR: WCD Posts Final Rules re Medical Fee and Payment.

OR: WCD Posts Final Rules re Medical Services.

OR: WCD Posts Final Rules re Managed Care Organizations.

OR: WCD Posts Final Rules re Employer/Insurer Coverage Responsibility.

OR: WCD Posts Final Rules re Vocational Assistance to Injured Workers.

OR: WCD Posts Self-Insured Base Rates, Hazard Groups FY 7/1/13-6/30/14.

PA: Study Shows WC Costs Per Claim Moderating.

SC: WCC Seeks New Claims Director.

TN: TN Self-Insurers Association Seeks New Executive Director.

TX: DWC Invites Input on Rules re Independent Review Organizations.

TX: DWC Posts November Newsletter for Safety and Health.

TX: DWC Seeks Input for CY 2014 Medical Quality Review Annual Audit Plan.

TX: TDI Proposed Rules for Captives.

TX: OEIC Posts Actual Outcome for Performance Measures FY 2013.

TX: OEIC Posts Actual Performance for Output/Efficiency Measures FY 2013.

WV: News Report Touts Ongoing Success of WC Privatization.

law360 news

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.

November 11, 2013: Workers' Comp Doctrines in the Tort Arena

November 4, 2013: Workplace-Related Anxieties.

October 28, 2013: Meddlin' With Settlin'

October 21, 2013:  Workplace Wellness and Profitability.

October 14, 2013: Behind the Numbers: Workers' Comp Costs for Employers.

October 7, 2013: Workers' Comp Prescription Drug Costs

ACCESS 2010-2013 ARCHIVES AND ARTICLES LIST HERE.

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