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Vol. 5, Issue 20

Find Solutions & Strategies                                         May 19, 2014

Sitting 9 to 5 in the Workplace
   
Are sedentary workers just as sedentary outside of the workplace?
In This Issue
-SEDENTARY WORKERS
-LARSON'S SPOTLIGHT: Burden of Proof, RICO, Fall, Drug Test
-CALIF. REFORMS; DENIAL OF PAIN MEDS
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor
Robin Kobayashi 2010 

Dear Workers' Comp Community:

 

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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

 
sitting 9 to 5 in the workplace

Could We Change that Sedentary Way of Living?

 

By Teresa McLoughlin Rice, Esq.

 

The health benefits of exercise are well established, as are the risks associated with not being active. The modern workplace, however, often involves sitting for long periods of time. So what do most people do when their workday is over? Do they balance out all that sitting at work by being more active in their free time? Since research on this issue is sparse, a team of British researchers decided to investigate further. Their study, Office Workers' Objectively Measured Sedentary Behavior and Physical Activity During and Outside Working Hours, was published in the March 2014 edition of the Journal of Occupational and Environmental Medicine. The results are sobering. In short, the office workplace was found to be primarily sedentary and, despite the risks associated with a sedentary lifestyle (for example Type II diabetes, weight gain, cancer and cardiovascular disease), workers did not compensate by being more active during their leisure time...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 thumbnailWyoming: Burden of Proof Has Two Elements: Burden of Production and Burden of Persuasion. Reminding the parties that the burden of proof consists of two elements: the burden of production and the burden of persuasion, the Supreme Court of Wyoming affirmed the denial of workers' compensation benefits for back pain that the claimant believed was related to an earlier workplace accident...read more.

 

Federal: U.S. Supreme Court Denies Certiorari in Sixth Circuit's RICO Decision. The United States Supreme Court has denied review of the Sixth Circuit's en banc decision in Jackson v. Sedwick Claims Mngmt. Servs. Readers will recall that the Jackson case, which questions whether an injured employee may recover under RICO when...read more.

 

Illinois: Courthouse Employee's Fall Near Courthouse Door Found Compensable. Reversing the denial of benefits to a county courthouse employee, who caught her two-inch heel in a crack in the sidewalk just outside the courthouse door as she returned from a...read more.

 

Louisiana: Injured Employee Successfully Rebuts Positive Post-Accident Drug Test. A Louisiana appellate court, acknowledging that La.R.S. 23:1081 provided the defense of intoxication and also provided an employer with certain presumptions if an injured employee tested positive for various drugs...read more.

lexisnexis legal newsroom blogs
Tom Robinson thumbnailWCRI Continues to Build Baseline to Monitor Impact of California's Workers' Compensation Reforms, by Thomas A. Robinson, JD. The $64,000 question is whether independent medical review will actually reduce medical costs. Read it. 
 
 
 
Pain Pills PinkCalifornia: Unreasonable Denial of Medical Treatment by Abruptly Withdrawing Authorization of Injured Worker's Opioid Pain Medication. Both utilization review physician and medical treatment utilization schedule recommended slow tapering of opioid pain medications. Read it.
national & state news

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

 

Employer Reps Say Wage Theft Unintentional Due to Complex Regulations.

Obese Workers Cost Employers $4K More in Health-Related Costs Each Year.

NIOSH Center for Workers Comp Studies Seeks to Reduce Risk of Opioid Dependence.

CA: Governor Signs AB 1035 Extension of Time for Filing Firefighter Death Benefits.

CA: Speaker of Assembly Appoints New Commissioner to CHSWC.

CA: DWC to Hold Public Hearing for MTUS Regulations.

CA: DWC to Hold Public Hearing for Proposed Copy Service Fee Schedule.

CA: 500 CEO's Rank California as Worst State in Nation for Businesses.

CO: DWC Posts Notice to Decrease Premium Surcharge Rate.

DE: Governor Applauds Task Force's Workers' Comp Recommendations.

FL: DWC Proposes Rule re Stop Work Orders Against Successor Corporations.

IN: WCRI Study Indicates Hospital Outpatient Costs Increased 51 Percent.

IN: Northwest Indiana Seeks to Lure Businesses From Chicago.

LA: Louisiana Continues High Rate of Narcotic Use Than Typical States.

ME: MEMIC Appoints 3 Senior Underwriters in VA, MD, FL.

MN: DLI to Publish Notice of Intent to Adopt Spinal Cord Stimulators, Drug Pump Rules.

MN: DLI Wraps Up 2014 Legislative Changes.

NE: Attorney Seeks to Rein in OSHA Investigations.

NV: WCS Warns PPD Evaluations Not Interchangeable With IMEs.

NY: Insurance Group Urges Lawmakers to Pass SB 7268/AB9224 Notice of Renewals.

NY: New York Continues High Rate of Narcotic Use Than Typical States.

OH: Court Rules BWC Overcharged Premiums to Thousands of Employers.

PA: Political, Labor Leaders Decry Lack of Enforcement of Construction Misclassification Laws.

TN: LWD Appoints Eight Judges to Newly Formed Workers Comp Court.

TN: Businesses Get Ready for Workers' Comp Changes in July 2014.

TX: Lawmakers Consider More Regulation to Address Wage Theft in Construction Industry.

TX: DWC Posts Procedural Change re Scheduling Orders at Initial Benefit Review Conferences.

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.

May 12, 2014: Employer-Provided Flu Shots; Benefits Review Board Update

May 5, 2014: Affordable Care Act: A New Body of Law With Lots of Moving Parts

April 28, 2014: Workers Memorial Day: Honoring the Dead as We Fight for the Living

April 21, 2014: Quality "Continuum of Care" for Worst Case Lumbar Patients

April 14, 2014: Prescription Drug Trends for Workers' Comp.

April 7, 2014: Health Behaviors Contribute to Socioeconomic Differences in Mortality

ACCESS 2010-2014 ARCHIVES AND ARTICLES LIST HERE.

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