Vol. 6, Issue 42

Find Solutions & Strategies October 19, 2015

Rebutting the DFEC Adjustment Factor: Ogilvie Revisited

In This Issue

* OGILVIE REVISITED

* DRUG TESTING

* OPTING OUT OF COMP

* SUCCESSIVE PETITIONS

* NEWS: DWC proposes rules for home health care fee schedule

* eNEWSLETTER ARCHIVES

A Note From the Editor

Rebutting the dfec adjustment factor: ogilvie revisited

Contra Costa County v. WCAB (Dahl)

By Robert G. Rassp, Esq.

In order to understand Contra Costa County v. Workers' Comp. Appeals Bd. (Dahl), 240 Cal.App.4th 746, 80 Cal. Comp. Cases --, it is important to first understand the facts of the case. Ms. Dahl was a medical records clerk for the County who claimed cumulative trauma to her neck and right shoulder through March 2005. She had been employed by the County for 8 years, has a bachelor's degree...read more.

cwci report examines growth of drug testing in california workers' comp

A new California Workers' Compensation Institute study quantifies the growing use and cost of drug tests performed on California injured workers in conjunction with the expanded use opioid painkillers, reveals shifts in the types of tests performed after Medicare tightened the rules used to pay for drug screening, and shows that...read more.

inside corporate america's campaign to ditch workers' comp

One Texas lawyer is helping companies opt out of workers' compensation and write their own rules. What does it mean for injured workers?

By Michael Grabell, ProPublica, and Howard Berkes, NPR

Standing before a giant map in his Dallas office, Bill Minick doesn't seem like anyone's idea of a bomb thrower. But backed by some of the biggest names in corporate America, this mild-mannered son of an evangelist is plotting a revolution in how companies take care of injured workers.

His idea: Let them opt out of state workers' compensation laws - and write their own rules.

Minick swept his hand past pushpins marking the headquarters of Walmart, McDonald's and dozens of his other well-known clients, and hailed his plan as not only cheaper for employers, but better for workers too...read more.

california compensation cases

Interesting Take on "Newly Aggrieved" for Filing Successive Petition: Cal. Comp. Cases Advanced Postings (10/12/2015). Lexis.com and Lexis Advance online subscribers can read it.

california news headlines

CA: DWC Proposes Home Health Care Fee Schedule Regulations.

CA: DWC Proposes Guidelines for Occupational Asthma, Interstitial Lung Disease.

CA: WCIRB Classification & Rating Committee Posts Agenda for 10/27 Meeting.

CA: Ins. Commissioner Approves New Ridesharing Insurance Option for Lyft Drivers.

CA: CWCI: Workers Comp Claim Forms, Posting Notices & Pamphlets Updated for 2016.
DOL Drafts New Multi-Employer Citation Standard (Franchisor Liability) at OSHA.

GOP Attacks Scope, Transparency of DOL's Standard for Franchisor Liability at OSHA.

Study: 1 in 5 Small Businesses OK With Employee Medical Marijuana Use at Work.

JAMA: Opioid Dependence/Abuse Increased, Non-Medical Use Decreased in 2013.

CDC Study: PDMPs Offer Insights Into Controlled Substance Prescribing Patterns.

Social Security Administration Announces No Cost-of-Living Adjustment for 2016.

NIOSH Launches a Virtual National Center for Productive Aging and Work.

Kaiser Report: Healthcare Deductibles Have Risen 6 Times Faster Than Worker Earnings.

Opinion: Affordable Care Act Fails to Address Physician Practice of Defensive Medicine.

Journalists File Class Action Suit Against Reuters for Alleged Worker Misclassification.

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.

October 12, 2015: Calif. Saw 5 Percent Decrease in Medical Payments Per Claim in 2013.
October 5, 2015: Physical Injury That Is a Result of Work-Related Stress.
September 28, 2015: Dahl Reversed; Ability to Be Rehabilitated Key to Rebuttal of PDRS.
September 21, 2015: Statute of Limitations in Workers' Compensation.
September 14, 2015: Psychiatric Injuries Post-SB 863.
CLICK HERE TO ACCESS 2010-2015 ARCHIVES.

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