National Banner 2012 Chess Board
Vol. 5, Issue 1

Find Solutions & Strategies                           January 6, 2014

Top 10 BizarreTop 10 Bizarre Workers' Comp Cases for 2013
  
National expert Thomas A. Robinson's annual picks 
In This Issue
-TOP 10 BIZARRE CASES
-LARSON'S SPOTLIGHT ON RECENT CASES
-LN NEWSROOM BLOGS: Fraud, Minnesota Adopts Increased Risk Test
-50 STATE TRENDS & LEGISLATION
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor

   

Dear Work Comp Community:

 

Happy New Year!

 

Our national enewsletter is back from vacation.

 

This week's issue continues the tradition of the top bizarre workers' comp cases for the past year. Thanks to Thomas A. Robinson for another great top 10 list!

 

To sign up for this

free weekly eNewsletter, click here

  
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
 
top 10 bizarre workers' comp cases 2013

Tom Robinson thumbnail

The Top 10 Bizarre Workers' Comp Cases for 2013, by Thomas A. Robinson, JD. During the past several Januarys, I've shared with readers my annual list of bizarre workers' compensation cases for the prior year. In doing so, I reenact, in part, a tradition that my mentor, Arthur Larson, and I shared prior to his death some years ago. Each January, Arthur and I would meet in Arthur's home on Learned Place, near Duke University's campus and review our respective lists of unusual or bizarre workers' compensation cases reported during the previous 12 months...And so, to continue in the spirit of that January ritual, here follows my list (in no particular order) of 10 bizarre workers' comp cases during 2013. Read more.

larson's spotlight on recent cases

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

 

Federal: Evidence Letter Carrier Competed in Triathlons While on "Light Duty" Supported Conviction of Workers' Comp Fraud. In a decision designated as unpublished, the Eleventh Circuit Court of Appeals recently affirmed a federal district court's denial of a defendant's motion for a judgment of acquittal under Fed. R. Crim. P. 29...read more.

 

Ohio: Intentional Tort Action Against Employer Fails. An Ohio appellate court has affirmed a trial court's summary judgment decision in favor of an employer in an injured employee's intentional tort claim, agreeing with the trial court that the employee failed to show the employer intended to cause the employee injury...read more.

 

New York: Exposure to Potato Chip Seasoning Caused Employee's Pulmonary Condition. A New York appellate court affirmed a finding by the state's Workers' Compensation Board that awarded benefits to a worker who claimed he suffered from an occupational disease or condition in the form of chronic hypersensitivity pneumonitis...read more.

lexisnexis legal newsroom blogs
Fraud SignWorkers' Comp Fraud Blotter: Firefighter Charged With Faking Ankle Injury. Read it and other news items.      
  
  
  
  
  

Minnesota Supreme Court Explicitly Adopts "Increased Risk Test" as Basis for Determining Compensable Work Injuries, by Tom Atchison, Esq. Read it. 

  
  
50 STATE TRENDS & LEGISLATION; now in its second printING

Price $99*; Books shipping now! 

   

"Larson's Emerging Issues is a MUST for all workers' compensation professionals, be they policy makers, adjudicators, claims specialists or attorneys. Not only is the state-specific analysis engrossing, but it also provides insight and potential solutions for a highly complex system as it continues to evolve to meet present-day challenges."

-Susan V. Hamilton, Former Deputy Commissioner, California Workers' Compensation Appeals Board 

 

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.

 

*Price does not include sales tax, shipping or handling. Price subject to change without notice.

 
national & state news

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

 

NCOIL Work Comp Insurance Comm. Chair Defends Recommendations re Opioid Abuse.

Pro Publica Reports on High Injury Rates for Temp Workers.

CMS Proposes Rule re Civil Penalties for MSP Non-Compliance.

CMS Restructuring COB Effective 2-1-2014.

AZ: IC Releases Special Fund Insolvent Carrier Report.

AZ: Federal Judge Says RICO Case Against York Risk Services Group Can Move Forward.

CA: OAL Approves Electronic Document Filing, Lien Filing Fee Rules.

CA: DWC Files Certificate of Compliance for IMR, IBR Rules With OAL.

CA: DWC Issues 15-Day Notice re MPN Proposed Rule Changes.

CA: AD Announces 2014 Profile Audit Review, Full Compliance Audit Performance Standards.

CA: DWC Posts RBRVS-Based Physician Fee Schedule, 2014 Updates.

CA: CHSWC Releases 2013 WOSHTEP Advisory Board Annual Report.

CA: CHSWC Announces Injury, Illness Prevention Program for Agriculture.

CA: WCIRB Posts Report on Q3 2013 Insurer Experience.

CA: WCAB Lacks Jurisdiction When Pro Athlete Played Single Game in California.

CO: Business Leaders Question Need for Workers Comp Reforms.

CO: Labor Outlines Concerns for Workers Comp Reforms.

DE: PCI Supports Actions by Governor, Workers Comp Task Force.

FL: DWC Posts Maximum Workers Comp Rate Eff. 1-1-2014.

FL: FLOIR Posts 2013 Annual Report.

IL: IWCC Posts 2014 Fee Schedule.

IL: Divided High Court Finds Injured Worker Not a Traveling Employee.

IN: WCB Posts 2014 Second Injury Fund Recommendation Report, Certificates.

IA: Two Deputy Commissioners Announce Their Retirement.

LA: Ins. Commissioner Announces 5.1% Workers Comp Rate Decrease.

LA: OWC Hearing on Medical Treatment Guidelines Scheduled for 1-27-14.

ME: WCB Posts Medical Fee Schedule Annual Update.

MD: WCC Posts 2013 Annual Report.

MD: Doctors in WC System Charge Four Times the Standard Cost of Drugs.

MA: WCIRB Recommends 7.7% Rate Hike.

MO: Dept of Insurance Recommends 10.1% Workers Comp Rate Increase.

NE: High Court Dismisses Appeal in Worker's Traumatic Brain Injury Case.

NE: WCC Posts Revised Rules of Procedure.

NM: Governor Appoints LeFevre to Advisory Council on WC and Occupational Disease.

NY: Governor Announces $370M in Bonds to Resolve Workers Comp Claims.

NY: Governor Vetoes Bills A400, A4099 Related to Volunteer First Responders.

NY: Actions to Resolve Group Trust Default Problems Now Working.

NY: WCB Announces Changes for UEF Claims.

NY: WCB Announces New Reimbursement Rates for Inpatient Hospital Care.

NY: WCB Posts Latest List of Approved Health Care Providers.

OH: BWC Administrator/CEO Outlines Successes of 2013.

OH: BWC Awards More Than $9.4M in Safety Rebates.

OK: Workers Comp Court Administrator Leaves Jan. 3 for WCRI Position.

OK: High Court Upholds Workers Comp Reforms.

OK: High Court Leaves Door Open for Future Constitutional Challenges to WC Reforms.

OR: WCD Posts Revised Bulletin re Adjustments to Hospital Fee Schedule.

OR: WCD Posts Updates re Reimbursement for IW Travel, Food, Lodging Costs.

OR: WCD Posts Proposed Changes re EDI for Reporting Medical Bill Data.

OR: WCD Posts Revised Bulletin re Claims Processing Administrative Cost Factor.

OR: MAC to Consider Endorsing New Opioid Prescription Guidelines at Jan. 10 Meeting.

PA: DLI Announces New Maximum/Minimum Benefit Rate Changes.

SC: WCC Posts 2014 Maximum Weekly Compensation Rate.

SC: WCC Posts Advisory Notice re Withdrawal of Counsel Fee.

SC: High Court Rules Nurse Anesthetist Was Employee, Not Independent Contractor.

TX: DWC Announces Performance Based Oversight Results.

TX: DWC Finalizes Medical Quality Review CY2014 Annual Audit Plan.

TX: DWC Issues Guidance re Injured Worker Analysis Sent to Designated Doctors.

TX: DWC Proposes Increase in Attorney's Fees.

TX: Ins. Carrier Pharmacy Closed Formulary Data Call Results on Legacy N-Drug Claims.

TX: DWC Posts Discount, Interest Rate for 1/1/2014 Through 3/31/2014.

UT: Labor Commission Posts 2012 Occupational Injuries, Illnesses Rate.

WI: DWD Posts 2014 Maximum Wage and Rate Chart.

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.

December 16, 2013: Opioids and Workers' Comp Survey

December 9, 2013: 2013 Top Blogs for Workers' Compensation

December 2, 2013: Evidence-Based Medicine Can Be Hazardous to Your Health

ACCESS 2010-2013 ARCHIVES AND ARTICLES LIST HERE.

LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.

Privacy & Security Copyright © 2014 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.