Vol. 6, Issue 45

Find Solutions & Strategies November 9, 2015

A New Mediation Track to Combat Opioid Use by Injured Workers

Massachusetts' innovative new pilot program

In This Issue

- MEDIATING OPIOID USE

- LARSON'S: Dismissal, Retirement, Termination of Benefits, Setlement

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

a new mediation track to combat opioid use by injured workers

Massachusetts' new pilot program aims to break the emphasis on opioids

By Deborah G. Kohl, Esq., Law Offices of Deborah G. Kohl, Fall River, MA

On October 23, 2015, attorneys and judges from Massachusetts, Rhode Island and New Hampshire gathered at Gillette Stadium to discuss a variety of workers' compensation issues that affect all three states. This is the second year that this conference has been held and the first year where New Hampshire has joined the discussion. Not only was this a perfect bright, crisp fall day in New England, but the venue allowed the participants to spend time at the home of the World Champion New England Patriots. Massachusetts Secretary of Labor, Ronald L. Walker, II provided introductory remarks emphasizing the importance of workers' compensation in the regional economy. The day then centered on the judges and attorneys from three states spending time with each other recognizing the importance of learning about the similarities and differences in practice, procedure and substantive law in the New England region...read more.

national workers' compensation conference: visit lexisnexis booth #132

If you're attending the National Workers' Compensation & Disability Conference this week at Mandalay Bay in Las Vegas, please visit LexisNexis Booth #132 to receive a 20 percent discount on book purchases. See you there!

2015 workers' compensation emerging issues analysis now on sale

The wait is over! The 2015 Edition of Workers' Compensation Emerging Issues Analysis is now on sale. This handy reference tool contains a diverse collection of expert analysis, incisive commentary, interesting case summaries and legislative updates from all across our nation. Opt outs and their impact on the workers' comp bargain is a primary theme for this year's edition. Contributions from Robert Wilson, President & CEO of WorkersCompensation.com, Mark Walls, Vice President, Safety National, and many of our Larson Advisory Board members are included in this year's edition. Act now to receive a 20 percent discount on the book price.

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).

Ohio: Provision Requiring Employer's Consent to Dismissal Without Prejudice of Comp Claim is Unconstitutional. A 2006 amendment to Ohio Rev. Code Ann. � 4123.512(D) that restricted the rights of an injured employee to voluntarily dismiss his complaint without obtaining the consent of the employer...read more.

Virginia: Injury That Occurred Two Weeks After Notice of Retirement Qualifies Employee for Temporary Total Disability Benefits. Where a long-time employee notified his employer that he would be retiring in one month and, two weeks prior to retirement, he tripped and fell in a work-related accident, received medical treatment...read more.

District of Columbia: Court Construes Burden Shifting Framework Required to Pass on Employer's Termination of Benefits Request. Where an employer has accepted a claim and paid workers' compensation benefits, but later moves to terminate or modify those benefits, the employer has the burden of proving by...read more.

Delaware: Exchange of Correspondence Regarding "Resolved" Back Injury Constitutes a Binding Settlement Agreement. Substantial evidence supported a finding by the Industrial Accident Board that a worker and his employer had settled the worker's back injury claim where an examining physician (hired by the defense) wrote a report saying that...read more.

national & state news

A.M. Best: U.S. Workers Comp Performance Improves Despite Rate Softening.

Travelers, Hartford, AIG Rank as Top Three Workers Comp Insurers in 2014.

Shifting Trends of Prescription Opioids and Heroin Abuse in the US.

AK: WCB Approves Changes to Workers Comp Fee Schedule.

CA: DWC Reinstating Lien Activation Fees on November 9.

CA: WCIRB Posts Report on SB 863 Cost Monitoring.

CA: WCIRB Posts Study of Geographical Differences in CA Work Comp Claim Costs.

CA: Cal/OSHA Wins Unprecedented Decision to Protect Workers From Indoor Heat.

CA: Cal/OSHA Proposes New Rules to Prevent Workplace Violence.

CA: Trial Date Set for Class Action Lawsuit on Uber Drivers' Employment Status.

CO: DWC Proposes to Update Lower Extremity Guidelines.

CT: Insurance Dept. Approves 3.9% Decrease in Loss Cost Filing by NCCI.

DE: Court Clarifies Calculation of, What Is Included in, Average Weekly Wage.

DE: Supreme Court Rules on Meaning of Word "Resolved" in Settlement Agreement.

FL: Petitioner Stahl Files Opening Brief Challenging Constitutionality of WC Act.

FL: Commissioner McCarty Orders Workers Comp Rates Lowered by 5.1 Percent.

FL: DWC Amends Proposed Billing Rule Changes on Use of ICD-10.

FL: DWC Amends Proposed Reimbursement Manual Changes on Use of ICD-10.

ID: Workers Comp Advisory Committee to Discuss Medical Fee Schedule Nov.10.

MD: WCC Posts Annual Report for Fiscal Year 2015.

MD: Chesapeake Employers Insurance Company Announces 3 New Vice Presidents.

MA: DIA HCSB to Review Final Opioid/Controlled Substance Protocol Draft Nov. 14.

MT: Labor Commissioner Addresses MT's Ranking as 3rd Highest Injury Rate in Nation.

NJ: Employer Lacked Job Related Reason to Compel Fitness for Duty Exam.

NM: Workers Compensation Association of New Mexico Elects New Officers, Directors.

NY: WCB Posts List of Newly Authorized Health Care Providers.

NY: WCB Posts Changes to List of Authorized Health Care Providers.

NY: NYC Council Members Considering Health Benefits for Taxi, On-Demand Drivers.

OH: Voters Reject Legalization of Recreational Marijuana Use.

OH: BWC Announces Nine Semifinalists in Safety Innovations Competition.

OK: National Expert Decries "Orwellian Equality" in Oklahoma Opt Out System.

TN: BWC Proposes Rule Changes for Medical Impairment Rating Registry.

TX: TDI Posts 2015 Analysis of Return to Work Program in Texas.

TX: DWC Posts Performance Based Oversight 2016 Insurance Carrier Selection Criteria.

UT: Labor Com'n Proposes Rules on Penalties, Medical Coding, ERF/UEF Assessment.

VT: WCD to Update Administrative Citation, Penalty Provisions.

VA: Medical Payments Per WC Claim in Virginia Among Highest of Study States.

WI: DWD Names BJ Dernbach as New Administrator of Division of Workers Comp.

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.

November 2, 2015: Low Back Pain Study: Costs & Benefits of State WC Policy Variations.
October 26, 2015: Substantial Evidence Must Have Some Substance.
October 19, 2015: Corporate America's Campaign for Opt Out Laws.
October 12, 2015: Effect of Drug Fee Schedules on WC Prescription Drug Costs.
October 5, 2015: ACA Case-Shifting Incentives May Result in Increased Costs for WC.

ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST.

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