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Find Solutions & Strategies November 25, 2013 |
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 LHWCA Sec. 20(a) Presumption and Secondary Conditions
Have a Happy Thanksgiving Holiday! |
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| A Note From the Editor | |
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Dear Work Comp Community:
My favorite pumpkin pecan pie recipe is from Cafe for All Seasons in San Francisco. To sign up for this free weekly eNewsletter, click here.
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Robin E. Kobayashi, JD
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Defense Attorneys: Don't Keep Your Clients in the Dark...Buy Now and Save $100 | |
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Teach them how to control their workers' compensation costs!
Publisher: Amaxx Risk Solutions |
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LHWCA: Sec. 20(a) Presumption and secondary conditions |
 The Vickers Decision: Inapplicability of the Section 20(a) Presumption to Secondary Conditions Under the Longshore and Harbor Workers' Compensation Act, by Monica F. Markovich, Esq. & Krystal L. Layher, Esq. Should the Section 20(a) presumption linking an injury to a claimant's employment apply in cases involving secondary conditions? Until 2013, the courts that wrestled with this question provided inconsistent results. In Insurance Company of the State of Pennsylvania v. Director, Office of Workers' Compensation Programs (Vickers), the Fifth Circuit eliminates this issue by firmly establishing that the claimant bears the burden to link secondary conditions to employment without aid from the Section 20(a) presumption (33 U.S.C.S. § 920(a)). 713 F.3d 779, 47 BRBS 19(CRT) (5th Cir. 2013). 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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larson's spotlight on recent cases |
 Larson's Spotlight on Recent Interesting Cases, by Thomas A. Robinson, JD
OK: Moonlighting Sheriff's Office Major Was Employee of Restaurant When He Was Shot and Robbed. Finding that the "plain, clear, unmistakable, unambiguous, mandatory, and unequivocal language" of 85 O.S. 2011 § 313(G) mandated that private employers, hiring off-duty municipal employees, should alone be responsible for...Read more.
MO: Injured Employee's Overdose Death Leads to Lifetime Benefits for Surviving Dependents. In a case that shows what can happen when a court determines that it is absolutely bound by a rigid reading of statutory language, a Missouri appellate court recently held that...Read more.
AR: Co-employee Immunity Applies to Erratic Driving of Golf Cart. The majority of jurisdictions provide immunity from tort liability for co-employees whose actions are within the course and scope of the employment. Arkansas has a somewhat more restrictive rule, allowing co-employee immunity only where...Read more.
US: Claimant May Not Use Federal Court to Re-litigate Unsuccessful Comp Claim. The Fifth Circuit Court of Appeals recently affirmed the dismissal of a plaintiff's § 1983 civil rights claim that alleged that her employer and others had fraudulently influenced her and had conspired to interfere with her rights under the Louisiana Workers' Compensation Act...Read more. |
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| 50 STATE TRENDS AND LEGISLATION | |
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| lexisnexis legal newsroom blogs |
 Workers' Comp Fraud Blotter: Interpreting Business Used Fraudulent Billing Scheme. Read it and other news items.
 DE Supreme Court Clarifies Emergency Treatment Exception to Section 2322B(8)(b), by Cassandra Roberts, Esq. Read it.
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