Vol. 6, Issue 38

Find Solutions & Strategies September 28, 2015

The Adversaries and Frenemies of Workers' Compensation

In This Issue

- FRENEMIES OF COMP

- LARSON'S: AMA Guides, Exclusive Remedy, Horseplay

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

the adversaries and frenemies of workers' comp

Coming down on the side of a system that endures

"You have enemies? Good, that means you stood up for something." - Eminem

By Karen C. Yotis, Esq. and Robin E. Kobayashi, J.D.

When it comes to workers' compensation, some folks are just gonna hate. And others, well, they're not happy either, but at least they talk about different ideas instead of sitting around complaining all the time. It's a big, complicated system out there, and in spite of the naysayers, something about it just continues to work. That's the fresh message of positivity that Judge David B. Torrey conveys in his paper "The Durability of Workers' Compensation Law Against Its Adversaries," originally published in an IAIABC publication and reprinted in The Centennial of the Pennsylvania Workers' Compensation Act (� 2015 The Pennsylvania Bar Association). Torrey weaves historical highlights of the grand bargain together with its political realities and ends up with a...read more.

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).

Pennsylvania: Statute Requiring Use of AMA Guides, 6th Ed., Struck Down. In a sharply divided decision, a Pennsylvania appellate court held that the statutory provision in � 306(a.2) of the state's Workers' Comp Act that requires physicians to utilize "the most recent" edition of the AMA's Guides...read more.

California: Exclusive Remedy Provision Bars Separate Suit for Related to Asbestos-Laden Pipes Carried Home for Home Projects. Where survivors of a worker who died of asbestos-related mesothelioma sued the employer, a pipe manufacturer, for wrongful death...read more.

Kentucky: Igniting Cigarette Lighter While Holding Unidentified Explosive Object Was Not Horseplay. A Kentucky appellate court affirmed a determination by the state's Workers' Comp Board that a heavy equipment operator's severe injuries did not result from horseplay...read more.

Mississippi: General Contractor Waives Exclusive Remedy Defense by Waiting 26 Months Before Filing Summary Judgment Motion. The Supreme Court of Mississippi held that a general contractor waived its right to utilize the exclusive remedy defense where...read more.

national & state news

OSHA Extends Comment Period for Proposed Rule on Employer Record Keeping.

NIOSH Posts 2014 Mid-Year Worker Fatality Report for Oil and Gas Industry.

AFL-CIO Releases 2015 Edition of Death on the Job: The Toll of Neglect.

Museum of Tort Law, Which Includes Workers Comp Exhibit, Now Open to Public.

CA: DWC Posts Approved Rules Re: Transition of Rules, Forms to ICD-10.

CA: Ins. Commissioner Issues Ruling on WCIRB's 1/1/2016 Regulatory Filing.

CA: WCIRB Testifies at Pure Premium Rate Hearing.

CA: WCIRB Says 2016 X-Mods in WCIRB Connect Now Available.

CA: SCIF Hires Chief Claims Operations Officer.

CA: Flywheel Taxi Files Lawsuit Against PUC Over Regulation of Uber, Lyft.

HI: NCCI Explains 1.4 Percent Increase in Loss Cost Filing.

MA: Bill Seeks to Remove Loophole for Retirees Receiving Permanent & Total Benefits.

MI: House Committee Pushes Through 3 Bills to Make Over Medical Marijuana Program.

MT: DLI Posts Draft of Rules on Reopening of Terminated Medical Benefits.

NV: DIR to Hold Workshop Oct. 6 on Proposed Changes to Medical Fee Schedule.

NV: DIR to Hold Workshop Oct. 6 on Proposed Changes to Lump Sum Payments.

NJ: Appellate Court Refines Rules on Workers Comp Lien Rights.

NJ: LWD Posts Updated Insurance Carrier/Self-Insurer Contact List.

NM: WCA Posts Payment of Claims Rules Eff. 10-1-2015.

NM: WCA Posts Claims Resolution Rules Eff. 10-1-2015.

NM: WCA Posts Payment for Health Care Services Rules Eff. 10-1-2015.

NM: WCA Posts Individual Self-Insurance Rules Eff. 10-1-2015.

NM: WCA Posts Group Self-Insurance Rules Eff. 10-1-2015.

NM: WCA Posts Response to Public Comment on Proposed Rulemaking.

NY: NYSIF Reduces Loss Cost Multiplier.

OH: BWC Announces 9% Workers Comp Rate Drop for Ohio Local Government.

OK: AG Says WCC Can Engage in Confidential Deliberations for Cases.

OR: WCD Revises Form 3227, Clarifies Definition of Invasive Procedures.

OR: WCD Revises Elective Surgery Notification Form.

OR: Advisory Comm. Suggests Rule Changes to Implement HB 2764 Attorney's Fees.

SC: WCC Approves 30 Applications to Self-Insure.

SC: Senate Subcommittee Approves Medical Marijuana Bill.

TN: NCCI Explains 0.9 Percent Decrease in Loss Cost Filing.

TX: DWC Posts Weekly Benefit Rates for 10/1/2015-9/30/2016.

VA: WCC Accepting Public Comments for Proposed Rule Defining Medical Communities.

WA: L&I Announces 2 Percent Increase in Workers Comp Rates.

WV: Ins. Commissioner Posts WC Assigned Risk Rates by Class Eff. 11/1/2015.

WV: Ins. Commissioner Posts WC Loss Cost by Class Eff. 11/1/2015.

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.

September 21, 2015: Undocumented Status: Impact on Workplace Safety.
September 14, 2015: Industrial Injuries in the U.S.: A 14-Year Study.
September 8, 2015: Occupational Safety Research and WC Data.
August 31, 2015: Impact of OSHA Developments on Workers' Comp.
August 24, 2015: Nanoparticles in the Workplace.

ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST HERE.

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