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Vol. 5, Issue 2

Find Solutions & Strategies                           January 13, 2014

Medicare Secondary Payer: Litigation Strategies & 2013 in Review
In This Issue
-MSP STRATEGIES
-MSP 2013 IN REVIEW
-LARSON'S SPOTLIGHT ON RECENT CASES: Attendant Care, Exclusivity, Increased Risk, Insurance Fraud
-BLOGS: Vermont Cases, Calif. Medical Dispute Resolution, AMA Guides
-50 STATE TRENDS & LEGISLATION
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES

New! 2013 Edition

Purchase here.

A Note From the Editor

  Robin Kobayashi 2010   

Dear Work Comp Community:

 

This week's issue spotlights Medicare Secondary Payer litigation trends and the year in review.

 

To sign up for this

free weekly eNewsletter, click here

  
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
 
my big fat annual conference: msp litigation strategies to manage some very risky business

Karen C. Yotis, Esq., our Feature Resident Columnist, provides insights into workplace issues and the nuts and bolts of the workers' comp world.

 

Karen YotisAlthough not many could see their far-reaching impact when the Medicare Secondary Payer Act's reporting requirements first arrived on the regulatory scene in 2010, there were a few prescient individuals in the workers' compensation industry who understood the nature of the new beast. The folks in charge of planning the annual National Workers' Compensation and Disability Conference & Expo recognized that something important had occurred...read more.

msp law: 2013 in review

Jennifer C. Jordan, Esq., is General Counsel at MEDVAL, LLC and Editor-in-Chief of The Complete Guide to Medicare Secondary Payer Compliance (LexisNexis).

 

Jen Jordan March 2010 thumbnailI have come to realize that there are no easy solutions for the MSP pr oblems we face in claims because the MSP is not the problem. Our MSP issues are collateral damage of more systemic societal problems we face as a nation. We clearly do not know how to treat chronic pain properly and instead have essentially let workers' compensation legalize drug addiction, which increases claim costs that get projected out into the future....read more.

larson's spotlight on recent cases

Tom Robinson thumbnailThomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.    

 

Pennsylvania: Attendant Care-Providing Mother's Injuries at Hands of Knife-Wielding Son Are Compensable. In a split decision involving bizarre circumstances, a Pennsylvania appellate court held that a woman employed under a state-funded program to provide attendant care services at her residence for her adult son, and who was brutally attacked by the knife-wielding son while she slept, may recover workers' compensation benefits for her injuries. Read more.

 

North Carolina: Inmate-Barber's Tort Claim Related to Assault by Fellow Prisoner Is Barred By Exclusivity. Read more.

 

Illinois: Increased Risk of Injury May Be Either "Qualitatively" or "Quantitatively" Shown. Read more.

 

Federal: Bed and Breakfast Owner Guilty of Insurance Fraud for Failing to Disclose Farm Operation Associated With His Inn. Read more.

lexisnexis legal newsroom blogs
Keith KasperVermont Workers' Comp Update: Oct.-Dec. 2013, by Keith J. Kasper, Esq. Read it.  
  
    
  
CWCINew CWCI Study  Looks at California's Workers' Comp Medical Dispute Resolution. Read it.
  
  
  
   

Robert Rassp grayAre Chronic Pain Syndromes and Drug Dependency Ratable Under the AMA Guides? If So, How? by Robert G. Rassp, 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. 

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: 

 

NIOSH Publishes Workers Comp Insurance Primer for Public Health.

AFG Acquires WC Insurer Summit Holdings From Liberty Mutual.

CA: SB 626 Would Change 24-Visit Cap, IMR Appeals, Impairment Ratings.

CA: Governor Releases Budget Summary 2014-15.

CO: Changes Sought re Doctor Choice, Safety Rule Violations, Separation Agreements.

FL: HB 271 Would Limit Penalties for Workers Comp Insurance Coverage.

HI: HB 272 Would Protect Public Employees From Workplace Bullying.

HI: DLIR Posts 2014 Workers Comp Medical Fee Schedule Changes.

ID: IC Adopts Pending Rule re Self-Insured Employers Security for Compensation.

IL: GOP Lawmakers File SB 2622 to Limit Workers' Comp Benefits.

IL: Governor Appoints Arbitrator Mathis as Commissioner.

MA: Div. of Insurance to Hold Hearing Jan. 30 on Workers Comp Rate Hike.

MS: Ex-Felons Job Challenged Due to Work Comp Insurance Policies.

MS: WCC Announces New Maximum Weekly Benefit Rate.

MT: Labor-Management Advisory Council to Meet Jan. 16.

NH: HB 439 Would Increase WC Benefits to 66 2/3% of Worker's AWW.

NJ: SB 613 Would Phase In COLA Benefit Increases; Fiscal Analysis Posted.

NM: GOP Lawmaker Seeks to Close Loophole for Intoxication Cases.

NY: Governor's Executive Order OK's Medical Marijuana With Restrictions.

NY: WCB Releases Business Process Re-Engineering Fact Sheet.

NY: WCB Executive Director Explains Need to Improve Outdated WC System.

NY: WCB Accepting Comments Through Feb. 7 on Proposed IME Rule Changes.

NY: NYSIF Welcomes New Executive Director.

NY: WCB Posts 1/10/2014 List of Authorized Health Care Providers.

OK: Governor's Husband to Stop Practicing Law Before Workers Comp Commission.

OK: WCC Posts Proposed Emergency Rules to Enact Reforms.

PA: Court Reverses WCAB's Decision That Denied Lung Cancer Victim's Claim.

TX: Dept. of Insurance Files Petition to Adopt NCCI Workers Comp Manuals.

ENEWSLETTER ARCHIVES

ArchivesTake a deep dive into our past eNewsletters for 2014 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

January 6, 2014: The Top 10 Bizarre Workers' Comp Cases 2013

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

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