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Find Solutions & Strategies November 25, 2013 |
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 Workers' Comp Doctrines in the Tort Arena: Moradi & Halliburton
Have a Happy Thanksgiving Holiday! |
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A Note From the Editor | |
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Dear Work Comp Community:
Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
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Defense Attorneys: Don't Leave Your Clients in the Dark...Buy Now and Save $100 | |
Teach them how to control their workers' comp costs
Publisher: Amaxx Risk Solutions | | |
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workers' comp doctrines in the tort arena: moradi & halliburton |  Use of Workers' Comp Doctrines Within Tort Arena: Borrowed Legal Doctrines Don't Really Fit, by Thomas A. Robinson, JD. During a conversation years ago with my mentor and friend, Arthur Larson, I asked him if there were special challenges in teaching workers' compensation law. Arthur allowed that there were indeed several, but that perhaps the most difficult challenge, particularly early in the course of any semester, was to cajole the law students into an understanding that workers' compensation law is not a branch or subset of tort law. Indeed, Arthur added that on those multiple occasions in which workers' compensation law had borrowed concepts or doctrines from the tort law arena (e.g., the "substantially certain" test), the result had seldom been satisfactory. "Borrowed legal doctrines are like borrowed coats," said Arthur. "They work to a degree, but they don't really fit." Read more. |
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interpreter fees | |
This noteworthy panel decision will be added soon to the LexisNexis Services.
 WCAB Procedure; Interpreter Fees. WCAB rescinded findings and order in which WCJ determined that interpreter was entitled to reimbursement for all dates of service at market rate of $100.00 per hour, that defendant was liable for 10 percent payment increase for late payment of interpreter's bills, and that two hour minimum charge for interpreter services of less than two hours or for cancelled appointments was not appropriate, and held that...read more.
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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.
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Workers' comp insurance industry | | Examining the Profitability of the Workers' Comp Insurance Industry 2012.
 Issue 7 of the Workers' CompensationResources Research Report examines the profitability of the workers' compensation insurance industry in 2012 as reported by A.M. Best. The operating ratio, which is the most comprehensive measure of underwriting results because it considers investment income, decreased from 100.4 in 2011 to 93.8 in 2012. An operating ratio of greater than 100 indicates that the industry is not profitable, and thus the industry was unprofitable in 2011. An operating ratio of less than 100 indicates that the workers' compensation insurance industry is profitable, and thus the industry was profitable in 2012. The operating ratio of 93.8 in 2012 means the industry earned $6.20 of profits for every $100 of net premiums.
The operating ratio has usually been less than 100 in recent decades, indicating that the workers' compensation insurance industry has generally been profitable when investment income earned by insurance carriers is considered. Since 1993, the insurance industry has been profitable in 16 of the 19 years - all but 2001, 2002, and 2011.
An order form for Issue 7 of the WCRRR can be downloaded from www.workerscompresources.com |
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| california news headlines | |
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| lexisnexis newsroom blogs |
 Vocational Expert Failed to Conduct Research or Labor Market Survey: Cal. Comp. Cases December Advanced Postings (11/22/2013). Read it.
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| 50 state workers' comp trends & legislation | |
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 interpreter fees, cont.
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(1) interpreter did not meet its burden of proof as to its entitlement to payment for interpreting services and increased fees, (2) although WCAB could not conclude that two-hour minimum billing applies to all medical treatment appointments attended by interpreters, some of which may only take 10-15 minutes, interpreters do need some minimum rate of reimbursement as sufficient incentive to provide services during medical treatment, (3) given insufficiency of evidence submitted by interpreter in this case regarding billing for missed or cancelled appointments, record requires further development on issue of two hour minimum billing to enable determination of if or when such billing would be appropriate, (4) new evidence could include evidence of actual billing and payment received for missed medical appointments and for actual time spent by interpreter attending appointments missed by injured worker as well as for appointments that injured worker did not miss or, alternatively, evidence showing routine scheduling that would be impacted by attending missed appointment or by having appointment cancelled without proper notice, and (5) with respect to increased fee award, there should be evidence submitted indicating dates bills were sent, received and paid in order to accurately assess parties' compliance with timelines in Labor Code §§ 4603.2(b) and 4622. See Hovanessian panel decision. |
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