Vol. 6, Issue 1

Find Solutions & Strategies                 January 5, 2015

Top 10 BizarreTop 10 Bizarre Workers' Comp Cases for 2014
In This Issue
- TOP BIZARRE CASES
- LARSON'S SPOTLIGHT: Bad Faith, Pain Management, Disqualification From Benefits, Average Weekly Wage
- KETAMINE INFUSIONS, OCCUPATIONAL HERNIA, ATTORNEY FEE
- NATIONAL & STATE NEWS
- eNEWSLETTER ARCHIVES
 A Note From the Editor
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Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
Attn: Risk Managers, Insurance & HR Professionals, Attorneys

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50 State Workers' Comp Legislation

Expert Analysis, Larson's Cases

 

top 10 bizarre workers' comp cases for 2014

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

 

For the past five or six years, I've shared with readers my annual list of bizarre workers' compensation cases for the prior year. In doing so, I reenact, at least in part, a tradition that my mentor, Arthur Larson, and I shared prior to his death some years ago. Each January, Arthur and I would meet in Arthur's home on Learned Place, near Duke University's campus and review our respective lists of unusual or bizarre workers' compensation cases reported during the previous 12 months. Usually our respective lists would overlap a bit, but he'd always have several with truly quirky fact patterns that I had missed.

 

One thing we always kept in mind: one must always be respectful of the fact that while a case might be bizarre in an academic sense, it was intensely real. The cases mentioned below aren't law school hypotheticals; they affected real lives and real families. And so, to continue in the spirit of that January ritual, here follows my list (in no particular order) of 10 bizarre workers' compensation cases during 2014. I'm gratified that the annual list's popularity has grown over the years. It's even been featured on National Public Radio's Saturday morning show, "Wait, Wait ... Don't Tell Me"...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. 

 

Federal: No Bad-Faith Denial of Benefits Where Insurer Refused to Pay for Worker's Groceries and Cable TV. The 8th Circuit Court of Appeals affirmed an order granting a workers' comp insurer summary judgment in an action originally filed in Iowa state court alleging the insurer had exercised bad faith...read more.

 

Tennessee: Pain-Management Physicians Exempt From State's "Community" Doctor Rules. Under the recently enacted pain-management provisions, pain-management physicians whose offices are within 175 miles of the injured worker's residence are exempt from the "community" doctor rule...read more.

 

Florida: Truck Driver Disqualified From Comp Benefits for Misleading Physicians. A Florida appellate court affirmed a decision barring a long-haul truck driver from receiving workers' comp benefits for an alleged work-related injury based on findings that the driver had given false...read more.

 

Iowa: Annual Profitability Bonus Should Be Included in Injured Worker's AWW Computation. An assistant manager's annual bonus was sufficiently "regular" to be included in his "gross salary, wages, or earnings", and should, therefore, be included in the computation of...read more.

lexisnexis legal newsroom blogs

CassandraChristmas in Budapest: Delaware IAB Rules Disallows Ketamine Infusions, by Cassandra Roberts, Esq. Read it.

 

 

 

 

Martin KlugMissouri: Commission Opens Door for "Occupational" Hernia, by Martin Klug, Esq. Read it.

 

 
 
 
Martin KlugMissouri: Court Finds No Automatic Attorney's Fee When a Comp Carrier Pays a Disputed Medical Bill, by  Martin Klug, Esq. Read it
 
national & state news

NIOSH Examines Link Between Firefighting and Cancer.

Expert Provides Guidance on FLSA From Worker Perspective.

AL: Labor Dept. Explains New OSHA Reporting Requirements Eff. Jan. 1.

AL: Injuries Sustained While Seeking Medical Treatment for Earlier Injury Held Compensable.

AK: Labor Dept. Reports Lost Time Injury, Illness Rate Down by 46% in FY2014.

AK: Governor Appoints Heidi Drygas as Labor Commissioner.

AR: WCC Posts Advisory on Payment Methods for Workers Comp.

AZ: ICA Corrects Fee Schedule Reimbursement Values.

CA: DWC Responds to Inquiries Re 2015 Update to Physician Fee Schedule.

CA: AD Announces 2015 Profile Audit Review, Full Compliance Audit Performance Standards.

CA: DWC Posts Example of End of MPN Coverage Notice.

CA: WCIS to Form Working Group for Self-Insureds.

CA: Sean McNally Elected 2015 Chair of CHSWC.

CA: WCIRB Posts Agenda for Jan. 6 Classification & Rating Meeting.

CA: Governor Makes Appointments to OSHA Board, Fraud Assessment Commission.

CT: State Senator-elect Tony Hwang (R) to Head Labor and Public Employees Committee.

DE: Ins. Commissioner to Hold Hearing on WC Rate Decreases for 2015.

FL: DWC Posts New Maximum Weekly Compensation Rate Eff. 1-1-2015.

FL: FOIR Touts Health of Florida Workers Comp Insurance Market.

HI: DLIR Cancels Proposed Amendments to Medical Fee Schedule.

ID: Supreme Court to Consider Amending Idaho Appellate Rules.

ID: IC Posts More Proposed Rule Changes for 2015 Legislative Session.

ID: IC Posts Update to Records Request Procedures.

IL: IWCC Posts Reminder of Deadline for Public Self-Insured Employers' Report.

IL: IWCC Stops Uninsured Employers.

IL: New Fee Schedule Posted Jan. 1.

IN: WCB Posts 2015 Second Injury Fund Recommendation Report, Certification Forms.

IA: No Bad Faith Denial for Refusal to Pay Undocumented Worker's Groceries, Cable TV.

KY: Court Affirms Limitation of Attorney's Fee in Comp Claim Involving Multiple Beneficiaries.

LA: Insurance Commissioner Announces Workers Comp Rate Decline 2nd Year in Row.

MA: State Loses $100M a Year Due to Worker Misclassification.

MI: WCA Posts New Maximum Weekly Benefit Rates.

MI: WCA Says Amended Rules to Reduce Opioid Abuse, Medical Costs.

MI: WCA Announces New Fee Schedule Eff. Dec. 26, 2014.

MN: Commissioner OKs 2.9 Percent Decrease in Assigned Risk Premium Level.

MO: Insurance Dept. Recommends Workers Comp Rate Decrease for 2015.

MS: WCC Posts New Weekly Maximum Benefit Rate.

NE: Governor Appoints Julie Martin to Workers' Compensation Court.

NH: Workers Comp Commission Study Inconclusive, Calls for Further Study.

NJ: Workers Comp Medical Costs Per Claim Remains High, While Rate Growth Slows.

NJ: Labor Commissioner Swears In Industrial Safety Committee Members.

NY: Non-Acute Pain Medical Treatment Guidelines Eff. 12-15-2014.

NY: Rev. Medical Treatment Guidelines Eff. 12-15-2014.

NY: Governor Signs Bill to Close Loophole Denying Benefits to First Responders.

NY: Governor Announces Draft Medical Marijuana Regulations.

NY: Court Finds Worker's Refusal of Light Work Justified.

NY: Business Council Proposes Changes to Schedule Awards, Preferred Provider Networks.

OH: Worker May Receive TTD Benefits Despite Positive Drug Test After Injury.

OK: WCC to Evaluate, Review Private Self-Insured Entities It Oversees.

OR: WCD Provides Guidance on Preferred Worker Program, Revised Form 4122.

OR: WCD Posts Guidance on Interpretation of Repetitive Use of Body Part: Spurger v. SAIF.

OR: DCBS Releases Statistics for 2013 Workers' Comp Claims Characteristics.

OR: WCD Posts Revised Claims Processing Administrative Cost Factor.

OR: WCD Posts Injured Worker Vehicle Mileage Rate Eff. Jan. 1.

PA: PCRB Recommends 5.99 Percent Decrease in Loss Costs Filing.

PA: BWC Posts 2015 Maximum Weekly Benefit Rate.

PA: BWC Experiencing Backlog in Processing Record Requests.

RI: Governor Makes Appointments to Board of Directors for The Beacon Mutual Ins. Co.

SC: WCC Posts 2015 Maximum Weekly Compensation Rate.

TX: NCCI Explains 10.9 Percent Decrease in Loss Cost Filing.

TX: DWC Announces Insurance Carrier Performance Based Oversight Results.

TX: DWC Reports Lower Rate of Work-Related Injuries Requiring Time Off Work.

TX: DWC Approves 10 Companies to Self-Insure for Workers Comp.

TX: DWC Seeks Comments on Form 230 Surety Bond for Certified Self-Insurance Liabilities.

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.

Dec. 15, 2014: Employers' Costs of Lost Productivity Due to Obesity-Related Absenteeism.

Dec. 8, 2014: Workplace Violence: Employer Strategies

Dec. 1, 2014: Predictive Analytics and Big Data in the Workplace and Beyond

ACCESS 2010-2014 ARCHIVES AND ARTICLES LIST HERE.

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