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Vol. 5, Issue 7

Find Solutions & Strategies                                  February 18, 2014

Texas Yellow SignThe Texas Blueprint for How to Lower Workers' Comp Costs
In This Issue
-TEXAS BLUEPRINT
-LARSON'S SPOTLIGHT: Aggravation, Defamation, Wage Loss, Increased Risk
-BLOGS: Pulled Groin, Work Hazard, Expedited Hearing
-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."

 

-Robert H. Wilson, President & CEO, WorkersCompensation.com, LLC

 
the texas blueprint for how to lower workers' comp costs

By Albert Betts, Jr., Esq. & Stuart D. Colburn, Esq., authors of Texas Workers' Compensation Handbook, 2014 Edition (LexisNexis) - An Essential Everyday Guide

 

Albert BettsStuart Colburn 2After continued implementation of the 2005 reforms to the Texas workers' compensation system, and legislative review of the system in 2011, 2013 was a year in which system stakeholders and other interested parties were able to step back and evaluate the current state of the Texas system and better assess the impact of changes over the last few years. The Texas workers' compensation system in 2013 had something for everybody. A legislative session, significant court decisions, several rule developments and the full implementation of the closed formulary were just some of the year's developments. The results in Texas are seen by many as a blueprint on how states can lower their workers' compensation costs. For example...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 Kobayashi 2010Robin 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 thumbnailHawaii: Aggravation of Asthma by "Vog" Found Compensable. The Supreme Court of Hawaii held that an employee's claim for the aggravation of his asthma resulting from alleged work-related exposure to volcanic smog was compensable...read more.

 

Montana: Civil Suit Fails Against Nurse Who Noted in Medical Record That Claimant Might Be Malingering. The Supreme Court of Montana affirmed a trial court's summary judgment order favoring a nurse who had been sued for defamation by a workers' compensation claimant after the defendant nurse documented...read more.

 

Ohio: Firefighter's Decision to Take Low Paying Job as Deer Herder Nixes Claim for Working Wage Loss. An Ohio appellate court affirmed a ruling that a former firefighter had not utilized his best efforts to obtain suitable employment that would...read more.

 

Virginia: Employee's Large Feet Help Establish His Claim. A Virginia appellate court affirmed an award of benefits to a convenience store employee who claimed he sustained a severe fracture of the foot when...read more.

lexisnexis legal newsroom blogs
CassandraDelaware: The Pulled Groin Extrapolation, by Cassandra Roberts, Esq. Read it.   
  
  
  
  
Martin KlugMissouri: Crack in Pavement Found to Be a Work Hazard, by Martin Klug, Esq. Read it.  
  
 
 
  
Richard JacobsmeyerCalifornia: W.C.A.B. Rules Expedited Hearing Available Remedy to Enforce MPN During 90 Day Delay, by Richard M. Jacobsmeyer. Read it. 
 

EFFECTIVE STRATEGIES FOR MEETING MSA OBLIGATIONS

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national & state news

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

 

Insurance Expert Warns ACA High Costs, Problems Could Push Workers Back to WC Realm.

Traveler's Releases White Paper on Impact of ACA on P&C Industry, Workers' Comp.

Pharmacy Benefit Managers Warn PBM Legislation Could Spill Over to Workers Comp.

AIG Net Income Soars to $1.98B in 2013 4Q.

Marsh Releases U.S. Insurance Market Report 2014.

AZ: HB 2221 Would Create Procedures for Opioid Treatment for Injured Workers.

AZ: HB 2361 Would Exempt Insurer From Liability for Certain WC Payments.

CA: New RAND Report: Permanently Disabled Workers w/Disproportionate Earnings Losses.

CA: OAL Approves IBR, IMR Final Rules.

CA: DWC Provides Update on Santa Barbara Satellite Office Conference Scheduling.

CA: DWC Posts Proposed Copy Service Fee Schedule Regs for Public Comment.

CA: CalOSHA Slammed for Lack of Workplace Safety Inspections.

CA: Federal Judge Throws Out WC Case of Deputy Sheriff Injured in Copter Crash.

CO: Senate Passes SB 120 Appropriations for State Employee Workers Comp Account.

CO: SB 92 Would Make Workers Comp Fraud a Felony Regardless of Amount.

DE: Lt. Gov. Decries Lack of Information on How WC Rate Increases Determined.

DE: Actuarial Expert Disputes DCRB's Rate Filing, Finds Lack of Support for Procedures Used.

DE: OWC Posts Rule Changes on Hot/Cold Pack Eff. 2/11/14.

FL: DWC to Hold Rule Hearing re Reimbursement Manual for Hospitals on March 4.

FL: HB 785 Would Authorize Employers to Negotiate Retrospectively Rate Premium w/Insurers.

FL: DWC Proposes Adoption of Form for Reporting Quarterly Assessments.

GA: SBWC Monitoring Tree Services, Construction for WC Compliance.

HI: Injured Worker's Attorney Says Court Decided "Vog" Case Correctly.

ID: Court Rules Tying Shoe Laces Caused Compensable Herniated Disc.

IN: ACLU Calls Mandatory Drug Testing for Chronic Pain Patients Unconstitutional.

LA: EMT's Mileage Payment Doesn't Bring Travel Within Exception to Going and Coming Rule.

ME: MEMIC Receives A (Excellent) Rating From A.M. Best.

MD: Top 200 Workers' Comp Payouts for Past Fiscal Year Posted for Baltimore City.

MD: Physicians Propose Caps on Prescription Fees for Workers Comp.

MD: PCI Opposes SB 507 WCC Adoption of Repackaged Drugs Fee Schedule.

MD: PCI Supports SB 215 to Curb Physician Dispensing.

MD: HB411 Would Extend Heart Presumption/Hypertension Presumption to Correctional Officers.

MA: HCSB to Discuss Draft of Shoulder Medical Treatment Guidelines Feb. 22.

MO: Senate Passes SB 526 to Create Online Database re Workers' Comp Claims.

NY: Court Rules No Reopening Allowed in Established Claim re Murdered Employee.

NY: WCB Announces Change in Reimbursement Rate to Claimants for Auto Travel.

NY: Court Denies PTSD for Police Officer in Deadly Shoot Out.

NY: Cornell Grad Students Push for Workers' Comp Coverage for Campus Work.

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.

February 10, 2014: Workers' Comp Legal Trends: The World According to Marsh

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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