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Vol. 5, Issue 6

Find Solutions & Strategies                          February 10, 2014

Legal Trends in the World of Comp
   
The lay of the land for 2014
In This Issue
-2014 WC TRENDS
-WC REFORMS STATUS
-LARSON'S SPOTLIGHT: Positional Risk, Statute of Limitations, Trip & Fall, Intoxication
-BLOGS: Disfigurement, Working Total, Rules & Responsibilities, Attorney Involvement
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
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"Monitoring the constant wave of legislative activity across this nation is one thing. Making it clear and understandable is quite another. Lexis has done an excellent job of both with the "Workers' Compensation Emerging Issues Analysis". Their choice of local experts is superb, and they provide both clear recap and commentary, giving clarity to what was, legislatively, a very tumultuous year."

 

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the world according to marsh: workers' comp industry insiders review the lay of the land for 2014

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

 

Karen YotisWhen it comes to gaining insight in order to assess risk, it's no secret that the legal, business, and insurance professionals often turn to Marsh USA for that particular global perspective which springs from the detailed knowledge of the organization's collective expertise. Marsh generously shared some of this valuable knowledge recently in the first of a four-part webcast series hosted by Christopher Flatt, Workers' Compensation Center of Excellence Leader at Marsh and his colleague, Workers' Compensation Market Research Leader Mark Walls. Joining these Marsh specialists was Max Koonce, Senior Director of Risk Management at Wal-Mart Stores, Inc., who added a great deal of practical, bottom line-focused input to the discussion. Read more.

jury still out on effectiveness of workers' compensation reforms

By John Stahl, Esq.

 

Stahl, JohnA November 21, 2013 seminar titled "The Legal Perspective of the Latest Workers' Compensation Reforms" at the 22nd Annual National Workers' Compensation and Disability Conference & Expo in Las Vegas examined the real-world impact of efforts by regulators to address high costs and other challenges in the workers' compensation system. Stuart D. Colburn, Esq., who is a shareholder in the law firm Downs Stanford, of Austin, Texas moderated the session. Thomas A. Robinson, J.D., a staff writer for Larson's Workers' Compensation Law, was one of the three speakers. Brad Bleakney, Esq., the Managing Partner in the law firm Bleakney & Troiani, of Chicago was another speaker. The third speaker was Rebecca Shafer, J.D., President of Amaxx Risk Solutions, Inc., of Hartford, Connecticut. Read more.

A Note From the Editor
Dear Workers' Comp Community: 
  
Support our free eNewsletter by letting your colleagues know about this service. They can sign up here
  
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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 thumbnailColorado: High Court Adopts Positional Risk Test for Unexplained Falls. The Supreme Court of Colorado, in a divided decision, affirmed a decision of the state's Court of Appeals, but on different grounds, holding that an "unexplained fall" satisfies....read more.

 

Mississippi: Statute of Limitations Tolled While Injured Worker Was Paid Wages to Watch TV in Safety Trailer. Where, following his injury, an employee was paid his regular wages, but mostly sat around in the employer's safety trailer watching television, the wages were...read more.

 

Missouri: Trip and Fall on Public Street Found Compensable. A Missouri appellate court affirmed an decision of the state's Labor and Industrial Relations Commission that awarded workers' compensation benefits to an employee who...read more.

 

Nebraska: Bartender's Fall After Consuming Multiple Shots Dooms Comp Claim. A Nebraska appellate court affirmed the dismissal of an employee's claim for benefits based on a finding that the employee was intoxicated at the time of...read more.

lexisnexis legal newsroom blogs
CassandraNickel and Dimed: Delaware Disfigurement Award for Systemic Nickel Poisoning, by Cassandra Roberts, Esq. Read it.  
  
  
  
  
Martin KlugMissouri: Commission Rejects a New Disability  Claim for a "Working" Total, by Martin Klug, Esq. Read it.  
  
 
 
  
P1652 sealCalifornia: A New Year With New Rules and New Responsibilities. Read it.
 
 
 
 
 
CWCICalifornia: CWCI Analysis Measures Attorney Involvement in California Workers' Comp. Read it.
national & state news

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

 

WILG, MBA, AGs Discuss Workplace Safety Measures.

New Study: Shiftworkers More Likely to Have Pro-Inflammatory Diets.

ExamWorks Purchases Gould & Lamb Medicare Compliance Services.

Insurance Expert Warns of WC Market Deterioration if TRIPRA Not Renewed.

CA: DWC to Hold Hearing Mar. 11 re HOPD/ASC Fee Schedule Changes.

CA: ALJ Upholds Cal/OSHA Enforcement of Worker Protection for Adult Film Performers.

CO: SB 120 Would Provide Continuous Appropriation of State Employee WC Account.

CO: SB 137 Would Change Rules re Certification of Workers Comp Insurance Forms.

FL: DWC to Hold Hearing March 3 re 69L-3, FAC Rule Revisions.

ID: SB 1273 Would Create Cancer Presumption for Firefighters.

LA: OWC Receives Award for Return to Work Program.

MD: WCC Posts 2014 Medical Treatment Reimbursement Rates.

MD: WCC Posts 2014 Orthopedic/Neurological Surgical CPT Codes.

ME: Workers Comp Rates to Drop 7.7 Percent.

MT: Legislative Committee Examines Restructuring of Montana State Fund.

NH: Governor Presses for WC Reforms (HB 255).

NM: Dem Lawmakers Block Workers Comp Bill re Intoxicated Workers.

NM: Governor Announces Appointment to WC Advisory Council.

NY: Governor Pressured to Reopen Hornell Workers Comp Hearing Office.

NY: WCB Posts Revised List of Health Care Providers.

OK: AG Touts Success in Preventing $23M in Fraudulent Benefit Payments.

OR: WCD Posts Guidance re Determining Gainful Occupation for PTD Evaluations.

TX: DWC Approves 11 Companies to Self Insure for Workers Comp Claims.

TX: Exclusivity Not Applicable to Health Care Providers Billing for Treatment of Injured Worker.

UT: SB 160 Would Change Rules re Workers Comp Settlements.

WA: L&I Reports $19.6M in Savings to Businesses Using Light Duty Work Program.

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 [email protected].

February 3, 2014: Prescription Drug Monitoring Program.

January 27, 2014: Why Injured Workers Lawyer Up

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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