Vol. 6, Issue 17

Find Solutions & Strategies April 27, 2015

ACOEM Guidance on Marijuana in the Workplace

Keeping employers sane amidst the reefer madness

In This Issue

- ACOEM ON MARIJUANA

- MEDICAL OPINION EVIDENCE

- IMR OUTCOMES IN CALIF.

- LARSON'S: AOE/COE, Exclusive Remedy, Intentional Tort, Third Party Settlement

- FORFEITURE, ILLEGALS, OBESITY, UNUSUAL STRAIN

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

Workplace Safety Matters!

Larson's National Workers' Compensation Advisory Board

Workers' Compensation Emerging Issues Analysis, 2014 Edition

acoem guidance on marijuana in the workplace

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

For a Schedule I drug with no currently accepted medical use (at least according to the United States government) you'd think that employers would be able to establish some bright line rules against anything to do with marijuana in the workplace and call it a day. After all, "the Devil's Harvest" is the most prevalent psychoactive substance (second only to alcohol) to turn up in DUI cases and the most often detected item in workplace drug testing and can clearly have a significant (and unfavorable) impact on employers, workplaces and workers' compensation...read more.

evaluation and weighing of medical opinion evidence in longshore cases

By Yelena Zaslavskaya, Senior Attorney for Longshore, Office of Administrative Law Judges, U.S. Dept. of Labor, Washington, D.C.

Longshore Rope This paper highlights some of the considerations relevant to the determination of the probative value and relative evidentiary weight of medical opinions. As a trier-of-fact, an administrative law judge (ALJ) is entitled to evaluate the credibility of all witnesses and to weigh the evidence and draw his or her own inferences and conclusions therefrom...read more.

new cwci study looks at independent medical review outcomes in calif. workers' comp

CWCI A new analysis of independent medical review decisions issued in 2014 suggests that the medical dispute resolution process mandated by the workers' compensation reform bill enacted in 2012 is working to assure that the treatment...read more.

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Robert G. Rassp, Esq. calls the study "smoke and mirrors". Read his commentary here.

LARSON'S SPOTLIGHT ON RECENT CASES

Thomas A. Robinson, J.D., our Feature National Columnist, is the co-author of Larson's Workers' Compensation Law (LexisNexis).

Mississippi: Bringing Home the Bacon--Injuries Sustained in Collision With 400-lb. Wild Hog Found Compensable. Injuries sustained by a Mississippi casino employee when her car struck a 400-lb. wild hog arose out of...read more.

Michigan: Truck Driver Held to Be Steel Company's Employee for Exclusive Remedy Purposes. A driver who leased a semi-truck and trailer from one firm and, pursuant to an arrangement with a transportation broker, transported steel for the defendant corporation was the latter's employee...read more.

Ohio: Worker's Intentional Tort Action Against Employer Fails. An employer could not be held liable, under an intentional tort theory, for serious injuries sustained by an employee who suffered amputation of both legs when...read more.

Pennsylvania: Claimant's Contention That Third-Party Tort Action Settled for $1 Found Less Than Credible. Claimant could not recover workers' compensation benefits because he failed to disclose to the employer or its insurer...read more.

lexisnexis legal newsroom blog posts

Section 2353 Extravaganza in Delaware: A Forfeiture Based on Both Intoxication and Failure to Use a Safety Device, by Cassandra Roberts, Esq. Read it.

The Bangladesh Post: Spousal Benefits Less for Illegals per Delaware Death Statute, by Cassandra Roberts, Esq. Read it.

Missouri: Commission Rejects 'Obesity Defense' to Broken Chair, by Martin Klug, Esq. Read it.

Missouri: Court Affirms Worker Had 'Unusual' Strain From Routine Activities, by Martin Klug, Esq. Read it.

national & state news

Who's Opting Out of Workers' Comp: Employers or the States Themselves?

BLS Releases 2013 Census of Fatal Occupational Injuries Counts.

Lockton: Red Herrings, Medical Overdiagnosis Impact Large Loss Workers Comp Claims.

WCRI Webinar to Cover Regulating Medical Costs & Care: Unintended Consequences.

Express Scripts Reports Workers Comp Prescription Drug Spend Increased 1.9% in 2014.

Aon Warns of Projected Rises in Pharmacy Costs in 2015-2016 Impacting Workers Comp.

Helios Releases 2015 Workers Compensation Drug Trends Report.

Changes Made by Big Pharma May Have Helped Reduce Opioid Prescribing, Overdoses.

Congressman Introduces Opioid Overdose Reduction Act.

Senator Introduces Bill for FDA Accountability for Approval of New Opioid Drugs.

Medicare Secondary Payer: CMS Posts Appeal Rights for Applicable Plans.

Cirque du Soleil: One of the Top Dangerous Workplaces for Injuries.

AZ: US DOL Investigation Secures Wages, Benefits for Misclassified Construction Workers.

CA: WCIRB's 2014 Insurer Experience Report Shows 11% Jump in Written Premium.

CA: DWC Final Medical Treatment Utilization Schedule Rules Now in Effect.

CA: WCAB Plans Reorganization, Renumbering of Practice and Procedure Rules.

CA: DWC Posts Changes to OMFS Physician/Non-Physician Practitioner Services.

CA: DWC Issues First 15-Day Comment Period for Benefit Notice Regulations.

CA: DIR Posts 2013 Workplace Fatality Report.

CA: WCRI Study Sets Forth Some Successes From SB 863 Reforms.

CA: Assembly Committee Unanimously Passes AB 1124 Drug Formulary Bill.

CA: Cal Chamber Lists SB 563 UR/IMR Elimination a Job Killer.

CA: Calif. Medical Association Backs SB 563 UR/IMR Bill.

FL: Senate Passes SB 1298 Ride-Sharing Companies Insurance Requirements.

IN: Governor Signs Overdose Intervention Drugs Legislation.

ME: MEMIC Promotes Harmon and Siegfried to Senior Vice President.

MN: MWCIA Releases 2014 Annual Report.

NV: DIR Workers Comp Section Names Gary Bell New Northern District Manager.

NY: Prescription Opioid Overdose Deaths Increased From 2003 to 2012.

ND: Governor Signs HB 1102 to Clarify Firefighter/Office Presumption.

OH: High Court Justice Explains Decision on Football Player Workers Comp Benefits.

OH: BWC New Workers Comp Billing System Eff. July 1 for Private Employers.

OK: WCC Submits Final Rules to Governor, Legislature for Approval.

OR: MAC to Discuss Impairment Rating Methods for Chronic Conditions.

SC: WCC Approves 15 Self-Insurance Applications.

SC: WCC Revises Medical Services Provider Manual Eff. July 1, 2015.

TN: Lawmakers Pass SB 174 Public Access of WC Policy Cancellation/Reinstatement Dates.

TN: Governor Signs Bill to Allow Creation of Captives for Workers Compensation.

TX: Court Issues Order to Prevent Hospital From Seeking Work Comp Claim for Ebola Nurse.

TX: DWC Posts Finalized Functional Capacity Evaluation Plan-Based Audit.

UT: US DOL Investigation Secures Wages, Benefits for Misclassified Construction Workers.

WA: State Health Officials Propose Revised Guidelines for Prescribing Narcotics.

WI: Labor, Insurance Heads Back Governor's Workers Comp Transfer Proposal.

ENEWSLETTER ARCHIVES

Take 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.

Apr. 20, 2015 Seasonal Patterns in Occupational Risk.

Apr. 13, 2015: Workers' Comp, Return to Work, and the Americans with Disabilities Act.

Apr. 6, 2015: Evolution of Reform: Resilience & Renovation in Workers' Comp.

Mar. 30, 2015: Ethnic Disparities in Occupational Injury Hospitalization Rates.

ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST HERE.

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