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Vol. 5, Issue 9

Find Solutions & Strategies                                        March 3, 2014

Bariatric Surgery
  
Is it a workers' compensation medical benefit? 
In This Issue
-BARIATRIC SURGERY
-LARSON'S SPOTLIGHT: Horseplay, Brain Cancer, Penalty, Contempt
-BLOGS: In Memoriam: Raymond Radulski, Disfigurement, Ambulatory Surgical Centers, Utilization Review
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
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March 12-13, 2014

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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

 
bariatric surgery: IS IT A WORKERS' COMPENSATION MEDICAL BENEFIT?

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

 

Tom Robinson thumbnailLast week, I was very pleased to be a part of an Orlando, Florida risk management conference sponsored by Artex Risk Solutions. Along with two good friends and colleagues, Rebecca (Becki) Shafer, J.D., President of Amaxx Risk Solutions, Inc.,...and Brad Bleakney, experienced trial lawyer and workers' compensation law expert, of Bleakney & Troiana (Chicago), I participated in two panel discussions on "Cutting-Edge Ideas for 2014," as well as a "fireside chat" during the cocktail hour before one of our dinners...We covered a number of important topics during our sessions. One that seemed to resonate strongly among the attendees was our discussion of chronic and co-morbid conditions...read more.

 

© Copyright 2014 The WorkComp Writer, www.WorkCompWriter.com. All rights reserved. Reprinted with permission.

A Note From the Editor
Dear Workers' Comp Community: 
  
Keep up with the ever-changing world of workers' comp. Join our community today. Sign up here for our free eNewsletter. 
  
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 thumbnailNew Mexico: Compensation Awarded to "Non-Participating" Victim of Horseplay. A New Mexico appellate court affirmed an award of benefits to a worker injured during a workplace horseplay incident in which...read more.

 

North Carolina: Worker's Brain Cancer Claim Related to Alleged X-Ray Exposure Fails. In order to establish an occupational disease or injury claim, a North Carolina claimant is not required to prove that he or she was exposed to a specific quantity of a harmful agent....read more.

 

Louisiana: $5,000 Penalty Provision in Settlement Agreement May Not Be Enforced Against Claimant. While the terms of a compromise settlement agreement executed by a workers' compensation claimant and an employer are generally recognized and fully binding on the parties...read more.

 

Alabama: Trial Court's Judgment Based-in Part-On Employer's Contempt in Violating Mediation Order Was Erroneous. Where a trial court expressly stated that it was sanctioning the employer by taking the employer's contempt-the violation of a mediation order-into account when...read more.

lexisnexis legal newsroom blogs
CassandraOne More Sox Fan for Eternity: Delaware Work Comp Bar Mourns the Passing Of Raymond Radulski, by Cassandra Roberts, Esq. Read it.
  
  
CassandraRay's Red Sox and a home run on the Bagley analysis in a DE disfigurement case, by Cassandra Roberts, Esq. Read it.
    
  
  
CWCICWCI and WCIRB Release Joint Ambulatory Surgical Center Study. Read it.
  
  
  
  
Richard JacobsmeyerCalifornia: W.C.A.B. Issues En Banc Decision on "Defective UR", by Richard M. Jacobsmeyer, Esq. Read it. 
  

EFFECTIVE STRATEGIES FOR MEETING MSA OBLIGATIONS (online course)

 

Jen Jordan March 2010 thumbnail  

Instructor: Jennifer C. Jordan,  Esq.
Editor-in-Chief of
The Complete Guide to Medicare Secondary Payer Compliance (LexisNexis)
 
national & state news

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

 

ACOEM Targets 5 Things Doctors, Patients Should Question.

US DOL Program to Help Some Miners Increase Chances of Black Lung Benefits.

7th Circuit Rules No WC Retaliation for Discharge After Refusal to Take Drug Test.

AR: High Court Reverses Denial of WC Benefits for Workers Who Tested Positive for Marijuana.

CA: OAL Approves Rules for Predesignation of Personal Physicians, PTP Reporting Duties.

CA: DWC Issues Reminder re Required Documents for IMR, IBR Applications.

CA: DWC Announces Appointments to Workers' Comp Ethics Advisory Committee.

CA: AB 2604 Would Increase Penalty for Unreasonable Delay of Payment.

CA: AB 2052 Would Expand Presumptions for Additional Peace Officers.

FL: DWC Meeting re ASC Reimbursement Manual Scheduled for April 1.

FL: SB 1214 Addresses PTD Awards, Preexisting Conditions, Drug Testing.

IA: High Court to Hear Oral Arguments in WC Commissioner's Defamation Suit.

MD: WCC Security Changes for Public Claim Data Inquiries Eff. 2-26-2014.

MD: Insurance Expert Says Questionable WC Claims Account for 5-10 Percent of Total Claims.

NH: HB 1489 Would Create Firefighters With Heart, Lung, Cancer Disease Fund.

NY: SWCB Adopts Rule Changes re Independent Medical Examinations.

OH: Comatose IW's Additional Claim for Loss of Vision, Hearing Fails.

OK: WCC Clarifies Forms to File for Injuries/Death Occuring On or After 2/1/2014.

OK: SB 1821 Would Require Doctors to Check State Prescription Drug Monitoring Program.

PA: WCAB Proposes Changes to Rules of Practice and Procedure.

SC: WCC Posts Feb. 21 Business Meeting Report.

SC: Class Action Alleges Legal Malpractice for Inability to Pursue WC Claims.

SD: Governor Signs HB 1053 Revisions for Regulating Insurance Rating Organizations.

TX: DWC Commissioner Approves Revised Legacy Claims Plan-Based Audit.

WV: Volunteer Fire Depts. Receive Another $4M to Subsidize WC Premiums.

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 24, 2014: M is for Meso

February 18, 2014: Texas Blueprint for How to Lower Workers' Comp Costs

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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