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Vol. 5, Issue 4

Find Solutions & Strategies                           January 27, 2014

Why Injured Workers Lawyer Up
  
The mindset, motivations & foibles of the workers' comp client
In This Issue
-INJURED WORKERS
-LARSON'S SPOTLIGHT: Out of State Employer, Statutory Employer, Going and Coming, Physician Report
-50 STATE LEGISLATION
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
  

Larson's Workers' Compensation, Desk Edition (3 vols.)

Purchase here.

Get 20% off the regular price by using Promo Code JCM164146.

A Note From the Editor

  Robin Kobayashi 2010   

Dear Work Comp Community:

 

This week's issue spotlights why injured workers seek legal representation.

 

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free weekly eNewsletter, click here

  
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
 
my big fat annual conference: why injured workers lawyer up

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

 

Karen YotisLegal, insurance, and business professionals go to conferences to learn about the cutting edge new stuff, to attend the meet-and-greet events where the booze (and the blarney) flows free, and perhaps to be inspired by the energy that invariably builds throughout a good conference venue over the course of days. But when you come right down to it, people endure the travel and lost time away from the office, and cough up some pretty hefty registration dollars in most cases, because conference attendance can create--especially for the well-initiated--the kind of solid new business potential that can have a noticeable effect on a company's bottom line. Since conferences are like El Yunque when it comes to making rain, it should come as no surprise that the conference planners for the National Workers' Compensation and Disability Conference & Expo, which has been running for over 22 years, catered to the crowd by including a session called Top Reasons Why Injured Workers Get Attorneys in their 2013 program repertoire. Read more.

LARSON'S SPOTLIGHT ON RECENT CASES

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

 

Tom Robinson thumbnailArizona: Mexican Employer Subject to Arizona Act for In-State Injury. A Mexican corporation and employer, whose employee--a citizen and resident of Mexico--was severely injured in Arizona while driving a diesel fuel transport truck from Phoenix to Nogales, Mexico, was subject to Arizona's workers' comp statutes...read more.

 

Federal: Tennessee Employee May Not Sue Statutory Employer for Work-Related Injury. Noting that Tennessee courts have held that the exclusive remedy rule protects statutory employers from tort claims by employees of their subcontractors for injuries covered by...read more.

 

New Jersey: Casino's Own Surveillance Video Defeats Employer's "Going & Coming" Argument. A casino's security surveillance video supported the employee's claim that at the time of a vehicular accident, in which she was injured, a small portion of her SUV was...read more.

 

Ohio: Admission of Non-Testifying Physician's Report Allowed Where Employer Sought Submission to IME. A non-testifying physician's report was admissible as an admission against the interest of the employer, where the employer requested...read more.

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: 

 

Lawmakers Propose Amendment to LHWCA re Definition of Recreational Vessel.

CDC Posts 2009 Life Tables.

Travelers Posts 2013 4Q Results; Net Income Increased 225%.

CA: DWC Posts Form for Claims Reported During CY 2013.

CA: DWC Posts Adjustments to Physician, Non-Physician Services in OMFS.

DE: Study Shows Soaring Work Comp Insurance Prices Related to High Medical Costs.

HI: SB2365 Would Limit Reimbursement for Repackaged Drugs in WC Claims.

HI: HB1960 Would Cap Prices for Prescription Drugs in WC Claims.

HI: SB 2127/HB1973 Would Impose Penalty for Late Payment of TPD Benefits.

HI: SB2123/HB1961 Would Require IMEs, Ratings by Mutually Agreed Upon Physicians.

HI: HB1974 Would Require DLIR to Update Fee Schedule Annually, Set Caps.

ID: HB 350 Would Regulate Manufacturer/Distributors Supplying of Prescription Drugs.

ID: HB 396 Would Require Most Prescribers to Use Online Prescription Database.

IL: GOP Pushes Workers Comp Reform Bills: SB 2622, 2623, 2624, 2625, 2626.

MO: HB1133 Would Create Prescription Drug Monitoring Program.

MO: SB526 Would Require DWC to Develop WC Claims Database.

MO: HB1234/HB1468 Would Not Apply WC Laws to Volunteers of Tax-Exempt Orgs.

MO: HB1343 Would Increase No. of Employees Needed to Be Considered an 'Employer'.

MO: HB1486 Would Allow Shareholders of S Corps to Elect to Reject WC Coverage.

MT: Workers Comp Judge Applies for Vacant Seat on State Supreme Court.

NJ: Injured Worker Awarded Comp When Rear of Car Still in Employer's Driveway.

NY: Lawmaker Calls for Reforms to Help Injured Workers Avoid Treatment Delays.

NY: S803 Would Allow Treatment of Injured Workers by Acupuncturists.

NY: S2360A Would Allow Treatment of Injured Workers by Specified Social Workers.

NY: S1114a Would Allow Massage Therapy for Injured Workers.

OH: BWC Says Changes to Pharmacy Management Program Saved Over $20M.

OH: BWC Proposes Rule Change re Self-Insuring PEOs.

OR: LC188 Would Include Medical Services Under Health Plan as Interim Medical Benefits.

OR: LC52 Would Give DCBS More Authority Over Distressed Self-Insurance Groups.

TX: DWC Revises Form for Request for Designated Doctor Examination.

TX: DWC Posts Safety & Health Update January 2014 Issue.

WA: High Court to Hear Controversial Asbestos Case Against Boeing Company Feb. 13.

WA: DLI to Perform Housekeeping on Workers Comp Classification Plan Rules.

WA: SB 6223 Would Create New Causation Standard for Musculoskeletal Disorders.

WA: SB 6179 Would Establish New Rules for Self-Insurance Groups.

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 21, 2014: Role of Presumptions Within the Workers' Comp Arena

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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