Vol. 6, Issue 39

Find Solutions & Strategies                October 5, 2015
The Ongoing Confusion of Physical Injury That Is a Result of Work Related Stress   
In This Issue
* PHYSICAL INJURY & STRESS
* ACA CASE SHIFTING TO WC
* S&W MISCONDUCT; SEPT. CCC CITES AVAILABLE; ICD-10
* NEWS: New online QME panel process in effect
* eNEWSLETTER ARCHIVES
A Note From the Editor
A significant new study on the ACA and workers' comp is a must read! See our analysis below.

Robin E. Kobayashi, J.D.
Editor-in-Chief 
physical injury that is a result of work related stress
The ongoing confusion under McCoy of whether causation thresholds and affirmative defenses provided for in Labor Code § 3208.3 (lawful, good-faith, nondiscriminatory personnel action) apply to a physical injury that is the manifestation of work related stress

In Stolp v. California Department of Developmental Services, 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ's finding that the applicant peace officer's claim for cumulative psychiatric and cardiovascular injury was barred by the lawful, good-faith, nondiscriminatory personnel action defense under Labor Code § 3208.3(h) and pursuant to the analysis in Rolda v. Pitney Bowes, Inc. (2001) 66 Cal. Comp. Cases 241 (Appeals Board en banc opinion). The WCAB found that the applicant's psychiatric injury was caused by the investigation and disciplinary action undertaken by the employer in response to the applicant's serious mishandling of an incident involving allegations of a staff member "tasing patients" at the Sonoma Developmental Center. The WCAB concluded that...read more. 
affordable care act "case-shifting" incentives may result in increased medical costs for workers' compensation 
California could see an increase in workers' comp costs of $225 million

By Thomas A. Robinson, J.D., co-author, Larson's Workers' Compensation Law

As incentives within the Patient Protection and Affordable Care Act (ACA) push more and more patients toward so-called "capitated" health insurance plans--in which payments are "prospectively" made to health care providers at the beginning of the plan year on a per capita basis--and away from "traditional" fee-for-service health plans, a likely consequence will be an unwelcome increase in workers' compensation medical payment costs, according to a study recently released by the Workers' Compensation Research Institute (WCRI). The researchers posit, for example, that if just three percent of group health cases with soft tissue conditions were shifted to workers' compensation...read more.
Free eNewsletter: Sign up today!
Join our discussion. Sign up here for our free eNewsletter. 
lexisnexis legal newsroom blog posts 
Cal Comp CasesEmployer's Failure to Buy Backup Alarm Resulted in Crush Injury to Crane Operator's Hand: Cal. Comp. Cases Advanced Postings (9/30/2015). Lexis.com and Lexis Advance online subscribers can read it.



Cal Comp CasesCalifornia Workers' Comp Case Roundup (10/2/2015): Sept. CCC Cites Now Available. Lexis.com and Lexis Advance online subscribers can read it.




CWCICWCI Report Examines ICD-10 History, Form and Function. Read it. 
california news headlines

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.
 
LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.

Privacy & Security Copyright © 2015 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.
LexisNexis Brand Logo Bottom Grey