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Vol. 5, Issue 3

Find Solutions & Strategies                           January 21, 2014

The Role of Presumptions Within the Workers' Compensation Arena
In This Issue
-PRESUMPTIONS
-CANCER & FIREFIGHTERS
-LARSON'S SPOTLIGHT: Abandonment of Workplace, Failure to Pay Claim, EEOC, Safety Standard
-BLOGS: Missouri Denial of Treatment
-50 STATE LEGISLATION
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
  

Larson's Workers' Compensation, Desk Edition

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A Note From the Editor

  Robin Kobayashi 2010   

Dear Work Comp Community:

 

This week's issue spotlights the role of presumptions in the workers' comp arena.

 

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Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
 

New! 2013 Edition

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the role of presumptions within the workers' compensation arena

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

 

At the core of the American system of workers' compensation law is the grand bargain struck between employers and employees (with society being an engaged third party as well) in which each side to the scene both received and gave up something of considerable value for a more streamlined system of handling injured workers' claims. Employers gave up common law defenses to civil actions filed against them by the injured employees-contributory negligence, assumption of risk, etc.-and in most cases received in return some specific limitation of damages. While they were required to provide medical care and some statutory wage loss benefits, they faced no outlay for the injured employee's pain and suffering. In most states, since the employer was paying for the medical care, the law provided some measure of control as to how that care was dispensed. Read more.

new study shows correlation (but no direct causal link) between fire-fighting and cancer

By Teresa McLoughlin Rice, Esq.

 

It is axiomatic that firefighting is a hazardous occupation. But should the more insidious risk of developing cancer be added to list of more obvious hazards faced? Building on previous research that seems to point in this direction, a recent study, Mortality and cancer incidence in a pooled cohort of US Firefighters from San Francisco, Chicago and Philadelphia (1950-2009) undertaken by Robert D. Daniels, Travis L Kubale, James H Yin et al and published online October 14, 2013 [doi:10.1136/oemed-2013-101662] by Occup Environ Med, concludes that there may indeed be a correlation between a firefighter's occupational exposure and an increased risk of certain cancers. In particular, the study suggests a link to malignant mesothelioma resulting from asbestos exposure. 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.    

 

Ohio: Abandonment of the Workplace, Rather than Psychological Injury, Was Cause of Claimant's Lack of Earnings. Where a claimant suffered a compensable back injury and medical evidence later indicated she had reached maximum medical improvement and where it also appeared that the claimant had not sought out employment after the MMI designation...read more.

 

South Carolina: Guaranty Association Ordered to Pay Penalties and Interests Where It Failed to Pay Claim in Timely Fashion. The Supreme Court of South Carolina held in relevant part that with regard to the handling of claims related to insolvent workers' compensation carriers, the "covered claim" limitation applies only in the context of claims deriving from insolvent carrier's policies...read more.

 

Arkansas: Claimant May Pursue Comp Benefits in Spite of Claim During EEOC Dispute That She Was Capable of Working. A divided Arkansas appellate court held that a former employer that paid $60,000 to a former employee to settle the latter's EEOC & ADA charges might be entitled to at least a partial credit under...read more.

 

North Carolina: Failure to Provide Welding Shields to Maintenance Worker Was Not Willful Violation of Safety Standard. A North Carolina appellate court affirmed a decision by the state's Industrial Commission denying an injured employee's claim for a ten percent compensation increase pursuant to...read more.

lexisnexis legal newsroom blogs
Martin KlugMissouri: Court Finds Denial of Treatment While Carrier Investigates Comp Claim, by Martin Klug, Esq. Read it.
50 STATE TRENDS & LEGISLATION; now in its second printING

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"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. 

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national & state news

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

 

Standard & Poor's: Possible Revenue Decline for U.S Work Comp Insurance Industry.

NAIC Releases Report on Profitability by Line by State in 2012.

Federal Judge Rejects $765M Settlement of NFL Concussion Suits.

Impact of NCCI Experience Mod Calculation Split Which Increases to $13,500 in 2014.

Safety National President Announces Retirement Effective March 1.

AZ: Court Rules NAFTA Does Not Excuse Mexican Businesses' Lack of WC Coverage.

AZ: SB 1075 Would Restrict Physician Dispensing for Workplace Injuries.

AZ: HB 2040 Would Restrict Injured Workers' Choice of Pharmacy.

CA: DWC Posts Presentation Slides of UR IMR Meeting.

CA: DWC Announces Decrease in Mileage Rate.

CA: DWC Medical Unit Accepting Applications for April 12 QME Exam.

CA: Governor Appoints Three, Reappoints One to SCIF Board of Directors.

CA: CWCI Schedules Seminars on New Workers' Comp Regulations.

CA: Cal Chamber Calls Governor's 2014-15 Budget Proposal "Prudent".

CA: Cal Chamber Calls SB 626 a Job Killer.

CA: Senator Cancels Jan. 15 Hearing on SB 626.

CA: WCIRB Launches Classification Search Tool.

CO: HB 1091 Would Change Reporting of WC Injury Dollars in X-Mod Factor of Employers.

FL: SB 444 Would Revise Requirements for Work Stop Orders.

FL: DWC Proposes Rule Changes re Reemployment Services.

IA: DWC Hires New Deputy Workers' Comp Commissioner.

IL: New Study Examines Effect of Reducing Illinois Fee Schedule.

LA: Sup Ct Grants Writs (Cook, Dardar) re Retroactivity of Medical Treatment Guidelines.

LA: Fed Ct Rules Establishing "Substantial Certainty" in Intentional Tort Cases Is Difficult.

MI: Counties Association Fund Announces $2.5M Dividend.

MS: SB 2128 Would Prohibit Civil Liability of Person/Entity Reporting Insurance Fraud.

NV: DIR Revises Occupational Disease Claim Report Form.

NM: SB 9 Would Create Business Portal to Access Workers Comp Information.

NM: HB 113 Would Bar Benefits for Intentional Acts, Intoxication.

OH: BWC Proposes Rule Changes as Part of Five-Year Review.

OR: MAC Finds BiOM Ankle Scientific, Thus Compensable; Guidelines Needed.

OR: WCD Proposes Rule Change re Agency Representation at Certain Hearings.

OR: WCD Proposes Rule Changes re Medical Billing.

OR: WCD Proposes Rule Changes re Medical Services.

PA: 2014 Maximum/Minimum Benefit Rates Posted.

SC: House Passes PTSD Bill, HB 3147, for Police Officers.

SC: WCC Announces New Mileage Rate.

TN: DWC Announces New Medical Director.

TN: Insured Owed Add'tl Premiums Based on Compensation Paid to Independent Contractors.

WY: SF 51 Would Elective Coverage Eligibility.

WY: HB 16 Would Clarify Penalties for Employee Misclassification.

WY: SF 21 Would Enact Insurance-Own Risk Solvency Measures.

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 13, 2014: MSP Litigation Strategies and 2013 in Review

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

ACCESS 2010-2013 ARCHIVES AND ARTICLES LIST HERE.

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