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Find Solutions & Strategies April 14, 2014 |
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 Will California Rank No. 1 in Nation for Highest Workers' Comp Premium Rates?
WCIRB comments on its latest insurer experience report |
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A Note From the Editor | |
Dear Work Comp Community:
This week's issue includes the third article in our series on the ACA and our continuing coverage of prescription drugs.
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It's a Classic! | |
Books now in stock again! | |
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| will calif. rank #1 in nation for highest workers' comp premium rates? | |
By John Stahl, Esq.
 Two years ago California ranked third in the nation in terms of the highest workers' comp premium rates. In a webinar on April 10, 2014, WCIRB observed that, given the rate activity in the state from 2012 to 2013 and most likely continuing into 2014, California could have the highest-or close to the highest-workers' comp premium rates in the nation when the 2014 Oregon workers' compensation premium rate ranking study is completed later this year. To understand what, in part, is driving rates, see the "WCIRB Report on December 31, 2013 Insurer Experience" released on April 4, 2014 that includes...read more.
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discovery & newly obtained evidence |
Supplemental medical reports from doctors listed at mandatory settlement conference held admissible. This noteworthy panel decision will be added soon to the LexisNexis services.
 Discovery; Closure; Newly Obtained Medical Reports. WCAB, in split panel opinion, rescinded WCJ's order excluding medical evidence obtained by applicant/laborer after closure of discovery at 1/11/2012 mandatory settlement conference, and held that, while WCJ correctly excluded reports from four physicians and vocational expert who had not previously reported and were not disclosed at mandatory settlement conference, supplemental medical reports from doctors listed at mandatory settlement conference were admissible under Labor Code § 5502(d)(3), when applicant testified that...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....read more.
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| prescription drug trends for 2013 include hard pills to swallow |
By John Stahl, Esq.
 The recently released research from pharmacy benefit manager The Express Scripts Lab in the "2013 Workers' Compensation Drug Trend Report" is equivalent to the State of the Union regarding prescription drug benefits for injured workers. These conclusions reflect data from workers' compensation payers which are Express Scripts clients. The featured takeaways included: The Top 10 therapy classes of drugs constituted nearly 84 percent of the total spent on prescription drugs in workers' compensation in 2013; The average annual prescription drug cost per injured worker....read more.
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| california compensation cases |
 Workers's Injuries From Cave-in Caused by S&W Misconduct of Employer: Cal. Comp. Cases April Advanced Postings (4/10/2014). Lexis.com and Lexis Advance subscribers can read it.
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| california news headlines | |
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 discovery, cont. |
...his condition relating to 4/10/2006 pelvis and bladder injuries had worsened in 2012, after declaration of readiness to proceed (DOR) was filed in 2011, causing him to resume medical treatment after having been released by his treating physician in 2008, and WCAB found that under specific terms of Labor Code § 5502(e)(3), evidence is admissible after close of discovery upon showing that evidence was unavailable or undiscoverable with exercise of due diligence prior to mandatory settlement conference, that applicant's changed circumstances constituted good cause to permit admission of supplemental reports from previously disclosed physicians who evaluated applicant's new complaints and issued supplemental reports, that to allow their supplemental reports to be considered was consistent with limitation in Labor Code § 5502(e)(3) on admission of evidence not disclosed at mandatory settlement conference, and that admission of doctors' reports was not based on WCAB's duty to develop record, as this duty does not arise until there has been determination of adequacy of existing record by WCJ after submission of case. See Rios panel decision. |
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NOTICE OF CORRECTION |
The DWC has brought to our attention an error in Table 1, Present Value of Permanent Disability, in Workers' Comp Laws of California, 2014 Edition. Access a corrected table here. We apologize for the error and inconvenience. |
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enewsletter archives |
Take 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.
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