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Find Solutions & Strategies March 31, 2014 |
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 Hurricane Obamacare
Experts attempt to forecast impact of Affordable Care Act on workers' compensation |
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| A Note From the Editor |
Dear Workers' Comp Community:
This week's issue includes the second and third articles in our series about the Affordable Care Act's impact on workers' comp.
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hurricane obamacare |
Experts Attempt to Forecast Impact of Affordable Care Act on Workers' Compensation
By John Stahl, Esq.
Workers' Compensation Research Institute (WCRI) Executive Director Richard Victor, Ph.D. of Cambridge, Massachusetts stated in his presentation "Impact of the Affordable Care Act on Workers' Compensation" during WCRI's 2014 Annual Issues and Research Conference on March 12-13, 2014 in Boston that predicting the impact of the Affordable Care Act (ACA) on workers' compensation was comparable to forecasting the path of a hurricane. He explained that both the effect of the ACA on workers' compensation and the characteristics of large storms possessed uncertain elements and that the impact of those events may vary among different geographic areas. Victor added that the ACA (better known as Obamacare) was unlike a hurricane in that desirable impacts were possible. A chart that he presented further visually represented the numerous possible paths that the positive and negative effects from that law could travel...read more. |
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marsh report on aca & workers' comp |
Helping Employers to Keep a Foothold on Snowy Roads and Black Ice
Karen C. Yotis, Esq., our Feature Resident Columnist for the LexisNexis Workers' Compensation eNewsletter, provides insights into workplace issues and the nuts and bolts of the workers' comp world.
Whatever your views happen to be about the Patient Protection and Affordable Care Act of 2010, if your interests touch upon the workers' compensation industry, you'd best stop for a minute and listen to what the experts at Marsh are starting to say. These are the business insiders who spend their time in the trenches learning about day-to-day, practical trends, the ones who are witnessing first-hand how the ACA has quickly become a great source of uncertainty for employers. So far, everyone has focused on the ACA in the context of group health coverage. But the winds of change being fanned by the ACA will also seriously impact employers' strategies for managing their workers' compensation costs. This is the unadorned conclusion (warning?) that Marsh broadcasts in its March 2014 Risk Management Research Briefing entitled Health Care Reform and Workers' Compensation (Briefing)...read more. |
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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.
 Louisiana: Medicare Set Aside Account "Seed Money" Cannot Be Used to Pay Attorney Fees. A Louisiana appellate court held that under the "clear, unambiguous, and plainly stated" provisions of the parties' Medicare Set-Aside Agreement, the funds in the account could only be used to pay for medical services related to the injured worker's work-related injury that normally would have been paid by Medicare. Accordingly, the state Office of Workers Compensation did not err in denying a request that...read more.
New York: PTSD Claimant Fails to Show Level of Stress Was Unusual. Repeating the New York rule regarding stress claims, that mental injuries caused by work-related stress are compensable if the claimant can show that the stress that caused the injury was "greater than that which other similarly situated workers experienced in the normal work environment," a New York appellate court affirmed a...read more.
West Virginia: Accident in Employer's Vehicle While on Paid Lunch Break Still Barred by Going and Coming Rule. That a worker was driving a company vehicle and subject to being called back to work at the time he was rear-ended by a third party during a paid lunch break did not mean the injuries were compensable since the worker was not performing a...read more.
Missouri: Call-A-Ride Van Operator Awarded Carpal Tunnel Syndrome Benefits. Reiterating that it is for the Commission to accept or reject medical evidence and that the appellate courts should affirm the Commission's decision to accept one of two conflicting medical opinions if that decision was supported by substantial and competent evidence, a Missouri appellate court affirmed a decision awarding...read more. |
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| lexisnexis legal newsroom blogs |
 Grasshopper Cheesecake and an Extension of the Wyatt Doctrine in Delaware, by Cassandra Roberts, Esq. Read it.
 California: How to File an Appeal of a Final Determination of an Independent Medical Review, by Robert G. Rassp, Esq. Read it.
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| national & state news |
National & State-by-State News on the Free Web:
House Passes HR 4302 to Delay ICD-10 Transition, Medicaid Amendments.
Experts Speak Out on Impact of NLRB Ruling for Northwestern Football Players.
NSC Releases Latest Injury, Fatality Statistics & Trends Report.
1 in 10 Small Businesses Report Employees Working While Using a Controlled Substance.
Opinion: Conservative Visions of Social Insurance, Charity Based on Fairy Tale.
New Study Finds Uninsured Vastly Confused About Obamacare, Penalties.
Group Health Stops Coverage for Work-Related Health Issues.
Poor People Face More Challenges in Fighting Nicodine Addiction.
GA, FL, IL, IN, ME, KY Urge HHS to Overturn Approval of Zohydro ER (Hydrocodone Pill).
AK: HB 370 Would Clamp Down on Long Term Opioid Prescriptions for Injured Workers.
CA: CWCI Elects 2014 Board of Directors.
CA: Governor Signs AB 369 Continuity of Care Under ACA.
CA: SB 1262 Would Allow State to Regulate All Aspects of Medical Marijuana.
CA: Supreme Court to Hear Oral Argument 4/2/2014 in Salas v. Sierra Chemical.
CO: DWC Posts Procedures for Submitting Electronic Settlements.
CO: Hearing Impaired Claimant Wrongfully Denied ASL Interpreter at Work Comp, Unempl. Hearings.
GA: Legislature Passes Pro-Gun Law for Bars, Schools, Restaurants, Churches, Airports.
GA: SB 401 Would Clamp Down on Misclassification of Workers.
GA: SB 402 Would Provide Penalty for Misclassification of Workers.
IL: NLRB Decision Rules Northwestern Football Players Are Employees Entitled to Unionize.
IL: Chicago Cab Drivers File Class Action re Misclassification as Independent Contractors.
IL: Chairman Latz Appoints Ronald Rascia as Acting Secretary of Commission.
IL: Workers Comp Reforms Fail to Make State Competitive.
IL: Court Remands Case Because Settlement Agreement Ambiguous.
IN: Governor Signs SB 294 to Restrict Physician Dispensing of Repackaged Drugs.
IN: AIA Applauds Governor for Signing SB 294.
KY: Court Affirms Verdict for Manufacturer of Asbestos-Containing Cigarettes.
LA: Court Restricts Payment of Attorney Fees Out of Medicare Set-Aside.
ME: Lawmakers Call on WCB Chief to Explain Removal of Hearing Officer.
ME: Injured Worker Attorney Says 2012 Reforms Eliminated Rights of Injured Workers.
MA: Insurance Commissioner Stipulates to No Rate Hike.
MO: Father Sues Oil Companies for Death of Son Working in Oil Fields.
MT: Montana State Fund Posts 2013 Financial Statement.
NM: A.M. Best Affirms A- Rating for New Mexico Mutual Casualty Company.
NY: CorVel Sued Over Alleged Unauthorized Fees for Workers Comp Management Services.
NY: Grand Jury Recommends Changes to Prevent Workers Comp Insurance Fraud.
NY: Members of Insolvent Self-Insurance Trust Bring RICO Action Against Ins. Brokers, Agencies.
ND: WSI Medical Director Now Reports to WSI Director.
OH: HB 203 Would Ease Restrictions on Concealed Handguns.
OH: Attorney Whistleblower at BWC Claims He Faced Severe Retribution.
OK: Workers Comp Commission Clarifies Mileage Reimbursement for Claimants.
OR: WCD Updates Info re Audit for Employer-at-Injury Program Reimbursements.
OR: WCD Provides Forms for Request of Administrative Review of Medical Disputes.
RI: Medical Advisory Board to Meet 5/6/2014 re Fee Schedule, Chronic Pain.
TX: TDI Adopts NCCI Basic Manual With Texas Exceptions.
TX: DWC Accepts Comments on Proposed SOAH Rule Changes.
TX: WCRI Finds Rise in Medical Prices Has Increased Cost Per Claim of Medical Care.
TX: DWC Posts Safety & Health Info re Distracted Driving, Eye Safety, Eating Habits. |
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