Vol. 5, Issue 42

Find Solutions & Strategies                   October 20, 2014

Patient Barriers to Effective Treatment and Recovery: Workers' Comp Experts Speak Out
In This Issue
- PATIENT BARRIERS
- NAT'L WC CONFERENCE
- LARSON'S SPOTLIGHT: Workers' Comp Coverage, Exclusive Remedy, Notice of Injury, Cash Advance
- CALCULATING WAGE BASIS
- NATIONAL & STATE NEWS
- eNEWSLETTER ARCHIVES
A Note From the Editor
Join our community today. Sign up here for our free eNewsletter.

 

Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
Attn: Risk Managers, Insurance & HR Professionals, Attorneys

 

2014 EDITION NOW AVAILABLE

 

50 State WC Legislation

Larson's Spotlight on Cases
Expert Analysis & Commentary
  
Purchase now at special discount rate of $79.50 + tax + shipping
  
Workers' Injury & Law Advocacy Group
2014 Convention

Oct. 27-29, 2014

Bacara Resort

Santa Barbara, CA

 

Register here

 

Opioids
Opt Outs
Affordable Care Act
Immigration & more
  
11+ hours of top notch CLE that is applicable to every state. Programs focused on WC/FECA/Longshore/DBA.
healthcare expert warns of patient barriers to effective treatment and recovery

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

 

Keep improving the efficiency and effectiveness of our healthcare delivery system and lower costs and better patient outcomes will automatically follow, right? That sentiment may echo conventional wisdom, but it may not be the case at all, says healthcare consultant Tim Kilpatrick. In a recent blog post, "14 Patient Barriers That May Delay or Prevent Recovery," he argues that an efficient and effective healthcare system may only have minimal or no impact, if persistent patient barriers-patient needs that if left unaddressed, could delay or prevent recovery-are left unaddressed...read more.
national workers' compensation and disability conference, Nov. 19-21, 2014

Get firsthand insights from respected attorneys including Brad Bleakney, Lex K. Larson, Richard Lenkov, Jennifer C. Jordan, Thomas A. Robinson and many more at the National Workers' Compensation & Disability Conference. Plus, you'll earn CLEs just by attending. Best of all, you get a special discount: $325.00 off the standard rate. You attend NWCDC for only $995 by registering with Promo Code LNL by Nov. 3.

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. 

 

Ohio: Statute Precluding Comp Coverage for Worker Temporarily in the State Does Not Apply to Employee of Texas Non-Subscriber. Ohio has a provision in its comp act precluding workers' comp coverage for an employee when: (1) the employee is a resident of another state; (2) the employee is insured in a state other than Ohio; and (3) the employee is only temporarily within Ohio when injured...read more.
 

Arkansas: Special Employer Enjoys Exclusive Remedy Defense in Wrongful Death Action Filed Against It. A deceased worker was the defendant-company's "special" employee since, at the time of the worker's fatal injury, the defendant-company had the right to control the work being done by the worker...read more.

 

Florida: Employer's Failure to Notify Carrier of Injury Claim Proves Prejudicial to Carrier. A worker should have been reimbursed for all his medical expenses, mileage and co-payments incurred for treatment of a work-related injury in spite of the fact that he made no formal demand...read more.

 

Florida: Judge Errs in Failing to Award $2,000 Statutory Cash Advance. A claimant's request for a $2,000 advance should have been granted where claimant's uncontroverted testimony was that she was off work for "more than 18 months on sick leave," that she returned to work...read more.

lexisnexis legal newsroom blogs
CassandraSmall Change: DE Superior Court Holds There Is No Distinction Between a "Probationary" and "Regular" Pay Rate in Calculating Wage Basis, by Cassandra Roberts, Esq. Read it.
national & state news

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

 

WCRI Study Compares Medical Costs for Injured Workers in 16 States.

Investigation: Heroin, Opioid Use by Workers Surges.

Study Calls for Earlier Surgery of Injured Workers to Reduce Claim Duration.

Insurance Information Inst. Warns of Insurance Ramifications of Spread of Ebola Virus.

US Sup Ct Denies Cert in Longshore Attorney's Fee Dispute.

CMS Withdraws Rulemaking on MSP and Future Medicals.

AZ: NCCI Explains 6 Percent Decrease in Loss Cost Filing.

CA: DIR Director Finds Fault, Problems With Oregon Rankings.

CA: Two Dozen Lawsuits+ Filed for Counterfeit Hardware in Spinal Surgeries.

CA: DIR Begins to Post Ebola Resources, Alerts.

CA: WCAB Final Rules Published, Eff. 1-1-2015.

CA: Insurance Commissioner to Issue Decision on WCIRB Filing Within 30 Days.

CA: DWC to Hold Public Hearing Nov. 14 to Revise OMFS.

CA: WCIS to Discuss Medical Billing, FROI/SROI at Oct. 20 Annual Meeting.

CO: DWC to Hold Hearing Nov 12 on Treatment Guidelines for Thoracic Outlet.

DE: DCRB Proposes WC Rate Decrease.

DE: Insurance Commissioner Encouraged by DCRB Proposed Rate Decrease.

FL: AIF Cautiously Optimistic About 3.3 Percent Workers Comp Rate Reduction.

FL: AIF Opposes Legalization of Medical Marijuana Under Amendment 2.

IL: Governor, DOI Tout Ranking Study as Proof of WC Reform Success.

IL: Construction Industry Still Waiting for Substantial Reductions in Premium Costs.

IA: Judge Recuses Self From Ex-Commissioner Discrimination Suit Against Governor.

IA: Labor Commissioner Proposes Rule Amendments for Recording, Reporting of Injuries.

KY: Kentucky Commissioner Dwight Lovan Elected President of IAIABC.

MA: LWD Updates Maximum/Minimum Benefit Rates.

ME: WCB Creates Task Force to Investigate Opioid Use.

MI: Businesses Continue to See Drop in WC Rates Since 2011.

MS: NCCI Explains 3.2 Percent Decrease in Loss Cost Filing.

NV: Injured Worker Shoots Lawyer, Contentious WC Claim Possibly Involved.

NM: WCA Surveys Employers on Substance Abuse in the Workplace.

NM: WCA Final Rules Re Bad Faith Claims Processing, Dispute Resolution Eff. 10-1-2014.

NY: WCB Proposes to Streamline Collection of Admin, Special Fund Assessments.

OK: WCC Covers Employee Harassment, IMEs, Funding, Dispute Resolution at Oct. Meeting.

TX: Ebola-Stricken Nurse; Possible Negligence Suit if Hospital a Non-Subscriber.

TX: DWC Posts Instructions for Electronically Filing Up to 500 Forms in XML Format.

UT: Labor Commission to Adopt Optum 2014 Essential RBRVS, 2014 CPT Codes.

VT: Governor Appoints Judge With Workers' Comp Background to State Supreme Court.

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 [email protected].

Oct. 13, 2014: Temporary Workers and Their Unique Risks

Oct. 6, 2014: 75 Percent of Injured Workers Get Opioids

Sept. 29, 2014: Earnings Losses Persist Much Longer After Work-Related Injury.

Sept. 22, 2014: Arthritis Study Shows O*Net Could Help Predict Chronic Disease.

ACCESS 2010-2014 ARCHIVES AND ARTICLES LIST HERE.

LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.

Privacy & Security Copyright � 2014 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.