Vol. 6, Issue 7

Find Solutions & Strategies                 February 17, 2015

Workers' Compensation and Its Secondary Payers: Medicare and Medicaid
In This Issue
A Note From the Editor
WCRI 31st Annual Conference
or call 800.223.1940
workers' compensation and its secondary payers: medicare and medicaid

By Vernon Sumwalt, Esq.

 

Vernon SumwaltLast November I had the pleasure of participating in a panel with two more eminently qualified folks--Jennifer C. Jordan of MEDVAL, LLC and Tim Nay at Nay & Friedenberg--about Medicare Secondary Payer (MSP) compliance at the 23rd Annual National Workers' Compensation and Disability Conference in Las Vegas. Of course, we spoke about Medicare and the MSP provision, but we also warned that the expansion of the Affordable Care Act might trigger similar reimbursement issues with Medicaid given recent changes in the law. This article summarizes the panel discussion...read more.

five good reasons why you shouldn't miss wcri's 31st annual conference: a view from the top

Karen C. Yotis, Esq., our Feature Resident Columnist, provides insights into workplace issues and the nuts and bolts of the workers' comp world.

 

Anyone familiar with the Workers Compensation Research Institute's 31-year history of providing the data and analysis that industry mavericks rely upon to understand, manage and effect real change have come to expect WCRI conferences to provide the kind of keen insight, new lessons, and key strategies that you can't get anywhere else. And after another banner year involving opt-outs, health care reform, physician dispensing, fee schedules, and an aging workforce, WCRI has adopted as their conference theme the concepts of Resilience and Reform as they relate to the evolution, adaptability and survival of the 100-year-old state workers' compensation systems, so this year's event promises to be a hum dinger...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. 

  

Iowa: Employer Not Responsible for Individualized Counseling for Injured Employee's Spouse. While the employer is required to furnish reasonable services and supplies to treat an injured employee, the plain language of the statute does not require the employer to pay for individualized counseling services for someone other than...read more.

 

Nebraska: Wyoming Coroner's Report Not Entitled to Full Faith and Credit. A Wyoming county coroner's report that listed the cause of death as an accidental overdose of medications an injured worker was taking to relieve pain following a compensable injury is evidence to be considered, but...read more.

 

Connecticut: Apportionment Not Allowed For Employee's Pre-existing Diabetic Neuropathy. The Supreme Court of Connecticut reiterated the general rule that an employee is ordinarily responsible for all the consequences of a compensable injury...read more.

 

Arkansas: Injuries Sustained Walking to Employer's Work Trailer Found Compensable. An Arkansas court ruled that an ironworker sustained a compensable injury when he slipped on ice while walking from the main gate of a construction site to his employer's work trailer prior to clocking in...read more.

 

West Virginia: State Regulation Denying Reimbursement for In-Office Treatment for Heavy Metal Illness Declared Invalid. An injured worker's medical expenses related to intravenous chelation therapy performed in a medical office should have been paid by the employer in spite of a specific state regulation  that precluded the reimbursement...read more.

lexisnexis legal newsroom blogs
CassandraA Tale of Two Rudins: A Juxtaposition Of Outcomes On Surgery In Delaware, by Cassandra Roberts, Esq. Read it.
  
  
  
  
Can You Require Vaccines for Your Employees? by Jon Hyman, Esq. Read it.
  
  
    
  
  
Odds of Getting EEOC to File Suit for You? Not Much Better Than Odds of Getting Struck by Lightning, by Donna Ballman, Esq. Read it.
  
  
  
  
Updated OSHA Reporting and Recordkeeping Rule: What Employers Need to Know, by Nicole Cheuk, Esq. Read it.
national & state news

Doctors, Drug Companies Exploit Loopholes in Physician Dispensing.

Gig Workers Seek Labor Protections, Benefits.

Zurich 4Q Profit Drops 20 Percent.

H.R. 994 Would Improve Workers Compensation for Uranium Mining.

Affordable Care Act Raises Stakes for Worker Misclassification.

AZ: High Court Ruling Helps Injured Workers Work While Recovering From Injuries.

CA: Former Administrative Director Walter R. Brophy, Jr. Passes Away at Age 90.

CA: Governor Appoints Schur to Calif. Fair Employment and Housing Council.

FL: DWC Proposes Changes for Health Care Provider, ASC Reimbursement Manuals.

FL: Firefighters Seek Law That Would Consider Cancer Job-Related.

GA: Senate Committee Approves Study on Employee Misclassification.

KY: Governor Reappoints Keller to Workers Comp Nominating Commission.

LA: LWCC Announces New Board Member Patrick Mockler.

ME: WCB Submits 2015 Report on Workers Comp System to Legislature.

MD: Lawmakers Agree Not to Limit Physician Dispensing to Work Comp Patients.

MI: Lawmakers to Reintroduce Two Medical Marijuana Bills.

NV: DIR Posts 2014 Occupational Disease Claims Report.

NH: Lawmakers Debate Capping Payments for Medical Services.

NJ: Chief Judge Peter Calderone to Retire March 1; Replacement Announced.

NM: House Committee Approves HB 250 Return to Work Bill.

NM: House Committee Amends HB 238 Intoxication, Won't Cut Off Survivor Benefits.

NM: SB 223 Would Limit Lifetime Benefits to 700 Weeks for Some Disabled Workers.

NY: NY WC Alliance Posts 2015 Legislative, Regulatory Agenda.

NY: WCB Updates Authorized Health Care Provider List.

NY: WCB Updates Newly Authorized Health Care Provider List.

OK: HB 1725 Would Give WCC More Leeway on Confidentiality, Executive Sessions.

OK: Opt Out Law Challenged by Two Injured Workers.

OR: WCD Amends Claim Closure & Reconsideration, Disability Rating Standard Rules.

PA: Court Denies Worker's Appeal That Fracking Chemicals Injured Him.

TN: SB 721 Would Create Opt Out to Workers Compensation.

TN: Expert Says Tennessee Opt Out More Like Texas, Not Oklahoma, Model.

TX: DWC Audits Recover More Than $500K Owed to Injured Workers, Beneficiaries.

TX: TDI Posts Report on Health Care Cost, Utilization in TX Work Comp System.

TX: Report Examines Use of Telemedicine in TX Work Comp System.

TX: Teacher Attacked by Second Grader Files for Workers Comp.

VT: State Lawmakers Hit Impasse on Independent Contractor Bills.

VT: DOL Posts Proposed Workers Comp, Occupational Disease Rule Changes.

ENEWSLETTER ARCHIVES

ArchivesTake a deep dive into our past eNewsletters for 2015 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

Feb. 9, 2015: Geographic Variation in Use of Treatment Guidelines for Occupational Injuries

Feb. 2, 2015: Occupational Injury Patterns of U.S. Workers With Physical or Mental Disabilities

Jan. 26, 2015: Temp Nation: Risk Management Tips

Jan. 20, 2015: Ambulatory Surgical Center Payments vs. Hospital Outpatient Payments

Jan. 12, 2015: WCRI Study Strikes Serious Blow to Physician-Dispensed Strong Opioids.

Jan. 5, 2015: Top 10 Bizarre Workers' Comp Cases for 2014

ACCESS 2010-2014 ARCHIVES AND ARTICLES LIST HERE.