Vol. 5, Issue 45

Find Solutions & Strategies                   November 10, 2014

Workers' Comp System Slammed for Poor Quality Health Care and Failure to Innovate
In This Issue
- WC SYSTEM SLAMMED
- FREE WEBINAR
- LARSON'S SPOTLIGHT: Divorce and Benefits, Insurer's Lien, Choice of Law, Impairment Rating
- EQUAL EXPOSURE DEFENSE
- NATIONAL & STATE NEWS
- eNEWSLETTER ARCHIVES
 A Note From the Editor
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Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
New! LexisNexis Practice Guide Massachusetts Workers' Comp
Attn: Risk Managers, Insurance & HR Professionals, Attorneys

 

Purchase now at special discount rate of $79.50 + tax + shipping

 

workers' comp system slammed for poor quality health care and failure to innovate

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

 

An important, but overlooked element associated with the swelling group of Americans permanently removed from the workforce is the failure of Federal and state workers' compensation systems to provide effective health care to treat non-catastrophic injuries, says a group of researchers in a recently released commentary...The authors of the commentary argue further that innovations in workers' compensation health care delivery and in the use of evidence-based coverage methods, such as prospective utilization review ...read more.
Thursday, Nov. 13, 2 p.m. (ET) / 11 a.m. (PT)

Duration: 95 minutes. Earn 1.5 CLE credits.

Register here for complimentary CLE webinar

Speakers: Lori Severson, Lockton, VP, Loss Control Consultant, Melissa A. Bailey, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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. 

 

Pennsylvania: Divorced Spouse May Attach Husband's LHWCA Benefits to Collect Unpaid Alimony. An injured worker's Longshore and Harbor Workers' Compensation Act benefits could be attached to pay the worker's alimony obligation...read more.

 

Massachusetts: Insurer's Lien Does Not Reach Injured Worker's Damages for Pain and Suffering in Third-Party Action. A workers' compensation insurer's lien under G. L. c. 152, § 15, does not reach the damages for pain and suffering recovered by the injured worker in a third-party action...read more.

 

Federal: Court Forced to Choose Between Conflicting State Versions of Exclusive Remedy Rule. Noting that a federal court sitting in diversity must apply the choice-of-law rules of the state in which it sits--here that of Mississippi--a federal district court held that...read more.

 

Pennsylvania: Psychologist's Testimony Not Competent to Rebut IRE Evidence Submitted by Employer. While a psychologist may provide competent testimony in the claim petition context, if a claimant seeks to rebut competent impairment rating evaluation evidence...read more.

lexisnexis legal newsroom blogs
Martin KlugMissouri Court Weakens "Equal Exposure" Defense in a New Parking Lot Case, by Martin Klug, Esq. Read it.  
national & state news

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

 

A.M. Best Reports Workers' Comp Line Has Third Straight Year of Improvement.

Investigation Looks at "Knock Off" Spine Surgery Hardware.

Study: Most Overdoses Seen in ER Involve Prescription Opioids.

NIOSH Posts Research Questions for How to Protect Employees From Ebola.

Study: Injury Risk From Night Shift Work Remains High After Changing to Day Shift.

ARAWC Seeks to Expand Alternative WC Systems to More States.

AK: Alaska Votes to Legalize Marijuana.

AR: WCC Posts Proposed Rules for Medical Treatment Guidelines, Drug Formulary.

CA: Jerry Brown to Serve Fourth Term as Governor.

CA: SCIF Offers Compliance Tips to Prevent Communication Tower Deaths.

CA: Brown Administration Issues Ebola Prevention Memo for State Workers.

DE: OWC Sets Nov. 24 Hearing on Proposed Fee Schedule Changes.

DC: District of Columbia Votes to Legalize Marijuana.

FL: Insurance Commissioner Rejects NCCI's Proposed 3.3% Rate Increase.

FL: High Court Hears Oral Arguments in Attorney's Fee Cap Case.

FL: OJCC Annual Report Shows Decrease in Claimant Attorney Fees.

GA: NCCI Explains 3.3% Decrease in Loss Cost Filing.

IN: WCB Posts 2015 Second Injury Fund Status Report.

ME: Corrections Officers Accidentally Given Flu Shots, Not TB Tests.

MA: Governor Appoints New Members to Workers Compensation Advisory Council.

MN: Investigation Shows High Rate of Hospital Workplace Violence in 2014.

NE: NCCI Explains 7% Decrease in Loss Cost Filing.

NE: WCC to Address Fee Schedule Changes at Dec. 9 Meeting.

NV: Steve George Appointed Division of Industrial Relations Administrator.

NH: Ins. Dept. Approves NCCI's Proposed Loss Cost Decrease.

NY: Former WCB Commissioner Decries State's Ponzi-like Scheme.

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.

Nov. 3, 2014: Late-Term Compensation Care for Injured Workers.

Oct. 27, 2014: Employers/Insurers Who Treat Ebola as Occupational Disease Do So at Their Peril

Oct. 20, 2014: Patient Barriers to Effective Treatment and Recovery

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

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

ACCESS 2010-2014 ARCHIVES AND ARTICLES LIST HERE.

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