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Vol. 5, Issue 12

Find Solutions & Strategies                                       March 24, 2014

Architect of Affordable Care Act Estimates Three-Year Delay in Accurately Understanding Impact of ACA on Workers' Comp
In This Issue
-AFFORDABLE CARE ACT
-LARSON'S SPOTLIGHT: Transportation expense, Wrongful death, Surviving spouse, Seaman status
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor
 
  
Dear Workers' Comp Community: 
  
This week's issue includes the first in a series of articles on the Affordable Care Act's impact on workers' comp.
 
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Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations

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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

 
affordable care act & workers' comp

Obamacare Architect Estimates Three-Year Delay in Accurately Understanding Affordable Care Act Impact on Workers' Compensation

 

By John Stahl, Esq. 

 

Stahl, JohnThe statement of economist Jonathan Gruber, Ph.D., of the Massachusetts Institute of Technology in Cambridge, Massachusetts that a three-year news blackout regarding the Affordable Care Act (ACA) would have had merit was arguably the most memorable moment during WCRI's 2014 Annual Issues and Research Conference. Gruber observed that accurately determining the impact of ACA on the American healthcare system would require approximately three years, this according to his presentation "Health Care Reform: What Will the Health Care System Look Like in 5 Years?" Gruber says the fact that the proverbial man on the street evaluated Obamacare based on what he believed was a stronger understanding of that complex law than what he actually possessed, further illustrates that no one currently knows enough about this wide-spread reform to judge how it will impact the general healthcare system and workers' compensation with any significant degree of accuracy... 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 thumbnailVirginia: Even After Modifying Vehicle for Wheelchair, Employer Still Responsible for Transportation to Medical Appointments. An employer was required to provide transportation to medical appointments for a permanently impaired employee who was wheelchair dependent in spite of the fact that it had earlier paid to modify the employee's vehicle...read more.

 

Massachusetts: Estate May Not Maintain Wrongful Death Against Directors of Nonprofit Employer. The estate of a residential treatment counselor at a mental health clinic may not maintain a wrongful death action against two directors of the mental health association that employed the decedent...read more.

 

New Jersey: Person in "Committed Relationship" With Deceased Worker Was Not His Surviving Spouse. In an unpublished decision, a New Jersey court held that notwithstanding the "committed relationship" that existed between the petitioner and the deceased employee, who sustained fatal injuries in a work-related accident...read more.

 

Federal: Cook Was not a Seaman: No Jones Act Liability on Part of Employer. A cook, who spent approximately 6 out of a total of 195 days of his employment engaged in seaman's work aboard the quarterbarge UNITY was not a seaman under the 30 percent status test set forth in Chandris, Inc. v. Latsis...and could not maintain a Jones Act case against his employer...read more.

national & state news

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

 

Opinion: Workers Comp No Fault System Should Be Applied to Personal Injury Cases.

Opinion: States Should Duplicate PA Workers Comp Ruling to Curb Products Liability Cases.

Should 'Big Food' Be Held Liable for Obesity and Food-Related Health Issues?

Blue Collar Temp Workers Face Labor Abuses.

Reed Group Releases Evidence-Based Guidelines for Opioid Treatment.

Revenue Up, Jobs Down at CNA Financial Corp.

CA: High Court to Hear Workers Comp Drug Overdose Case.

CA: DWC Posts Proposed Rule Changes for Transition From ICD-9 to ICD-10.

CA: DIR/DOSH Reminds Employers to Post Annual Work-Related Injury, Illness Summary.

CA: WCIRB Elects New Committee Members at 98th Annual Meeting.

CA: Public Service Mutual Ins. Co. Leaves Calif. WC Market.

CA: Port Truckers Win NRLB Settlement Over Union Organizing.

CA: Former Police Officer Researching WC Fraud Obtains $185K Settlement in Car Crash.

CO: SB 92 Would Crack Down on Insurance Fraud by Agents, Brokers.

CT: HB 5527 Would Establish Domestic Worker Bill of Rights.

CT: HB 5326 Would Allow Doctors to Prescribe Fatal Dose of Drugs in End-of-Life Situations.

FL: DWC Proposes Rule Changes for Self-Insurers Net Worth, Per Occurrence Retention Rate.

ID: SB 1373a Firefighter Cancer Bill Stymied Due to House-Senate Argument.

ID: Governor Signs SB 1252 to Amend Laws Relating to Self-Insured Employers.

IL: HB 6013 Would Allow Tax Deduction for Workers Comp Costs.

IL: Northwestern Football Players Seek to Form Labor Union.

IA: Pothitakis Elected VP of Iowa Assoc. of Workers' Comp Lawyers.

KY: SB 137 Extending WC Coverage to 70 Years of Age Opposed by Chamber of Commerce.

KY: Dem. Lawmaker Defends SB 137 Extension of WC Coverage for Older Workers.

ME: Labor Advocates Question WCB Exec. Director's Actions in Removing Hearing Officer.

ME: WCB Exec. Director Responds to Allegations of Favoritism to Employers.

MD: Physician Dispensing Bill Remains in Committee, Time Running Out.

MA: Div. of Insurance Reaches Settlement for Zero Percent Overall WC Rate Change.

MI: New Medical Director Named at Accident Fund Holdings.

NJ: A2734/S491 Would Create Comp Program for Corrections, Parole Officers.

NY: WCB Explains Changes to Amended Rules on Independent Medical Examinations.

ND: WSI Medical Director Blasts Legal Process for Bypassing Medical Opinions.

OH: HB 359 Would Require Opioid Fact Sheet for Patients.

OR: WCD Posts Compensable Fatalities by Industry 2009-2013.

OR: WCD Posts Updated List of Insurers Required to Submit Medical Billing Data.

OR: WCD Revises Updated Adjusted Cost-to-Charge Ratios for Oregon Hospitals.

PA: House Committee Approves HB 2081 to End Dual State WC, Fed LHWCA Coverage.

RI: NCCI Recommends 3 Percent Increase in Voluntary Loss Costs.

TX: DWC Posts Transition to ICD-10 Code Sets.

TX: DWC Posts Discount Rate, Interest Rate for 4/1/2014-6/30/2014.

TX: DWC Posts Recent Enforcement Actions.

WV: Legislature Passes Budget, Helps Pay Off WC Program Multibillion Dollar Debt.

WY: Governor Signs SB 17 P&C Insurers Use of Electronic Policy Submissions to Policyholders.

WY: Governor Signs SB 21 Annual Solvency Assessments of Insurance Companies.

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)
 

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.

March 17, 2014: Medical Costs Impact Workers' Comp Less Than Widely Believed.

March 10, 2014: Carpal Tunnel Syndrome.

March 3, 2014: Bariatric Surgery: Is It  a Workers' Compensation Medical Benefit

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.

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