Vol. 6, Issue 49

Find Solutions & Strategies December 7, 2015

An Alarming Mortality and Morbidity Trend

Study suggests implications for ability to work

In This Issue

- MORTALITY TREND

- MSP LITIGATION

- LARSON'S: Deliberate Intention, Settlement, Second Injury, Safety Violation

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

Workers' Compensation Emerging Issues Analysis
2015 Edition ... Order Today!

WCRI Annual Issues Conference

an alarming mortality and morbidity trend among middle-aged white non-hispanic americans suggests implications for ability to work

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

According to a study recently released by two Princeton University economists, the broadly observed long-term decline in mortality rates among men and women in the United States has been conspicuously absent within one American demographic-middle-aged, white non-Hispanics [see "Rising morbidity and mortality in midlife among white non-Hispanic Americans in the 21st century", by Anne Case, Ph.D. and Angus Deaton, Ph.D., published in the Proceedings of the National Academy of Sciences]. The study suggests that the increase in mortality among the identified segment of America's population is largely accounted for by increasing death rates from drug...read more.

medicare secondary payer act litgation

Florida Court of Appeal cites extensively to Jennifer C. Jordan's law review article on whether Medicare Advantage is entitled to bring a private cause of action under the Medicare Secondary Payer Act

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC

In the ongoing saga as to whether Medicare Advantage actually has the same recovery rights as the federal government when it comes to Medicare conditional payments, the Court of Appeals of Florida has determined that the underlying state court in Humana v. Reale lacked subject matter jurisdiction in determining an MAO's reimbursement rights...read more.

Season's Greetings

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).

Washington: Trooper May Proceed in Tort Against Employer for Taser Injury. Acknowledging that in light of a decision by the Washington Supreme Court, it had erred in holding that the deliberate intention exception to workers' compensation exclusivity was to be "liberally interpreted,"...read more.

New York: Employee May Obtain Nunc Pro Tunc Approval of Settlement Only if Suit Is Actually Filed. Where an injured employee never commences a third-party action to recover for injuries arising out of the same incident as his or her workers' compensation claim, but settles the claim for less than...read more.

Iowa: Severe Back Injury Helping Friend Was Medically Tied to Earlier Admitted Industrial Injury. An Iowa employer is responsible for paying indemnity and medical benefits related to a serious back injury sustained by an employee while helping a friend move go-kart frames onto a...read more.

Ohio: Absence of Hook Latch on Hoisting Crane Not a Violation of Specific Safety Requirement. The Ohio Industrial Commission abused its discretion when it determined that an employer violated the safety regulations in Ohio Adm. Code 4123:1-5-14(G)(1) by failing to repair or replace a crane hook...read more.

national & state news

NCCI Analyzes State Differences in Diagnosis, Treatment of Joint Injuries.

Businesses Consider Purchase of Active Shooter Insurance.

Study Finds Media Focuses on Criminal, Not Preventative Aspects of Opioid Abuse.

CA: DWC Posts Changes to OMFS (Phys. Services/Non-Phys. Practitioner Services).

CA: WCIRB Actuarial Committee to Meet December 7.

CA: DWC Updates SJDB Voucher Form w/Notice of RTW Supplement Program.

CA: WCIRB Governing Committee to Meet Dec. 9 Re: Cost Monitoring Report.

CA: DWC Issues Changes to Proposed Chronic Pain, Opioid Treatment Guidelines.

DE: Delaware IAB Finds Actual Displacement in Little Sisters of Poor Case.

FL: HB 509 Would Regulate Uber, Lyft, Require License Fee.

FL: SB 460 Would Allow Medical Marijuana Use for Terminally Ill Patients.

KY: Governor-Elect Appoints Derrick Ramsey as Secretary of Labor.

KY: Workplace Injury, Illness Rate Lowest in History of State.

LA: WCRI Reports Medical Payments Per Workers Comp Claim Stable.

MD: Task Force Issues Final Recommendations for Addressing Opioid Addiction, Deaths.

MD: WCC Rule Changes for Filing, Amending Claims Eff. 12/10/2015.

MN: Health Officials Approve Use of Medical Marijuana for Chronic Pain Patients.

MN: Prescription Opioids Account for More Deaths of Minnesotans Than Homicide.

MO: Court Awards Total Benefits for Woman Trapped in Elevator.

NE: LB 643 Would Legalize Medical Marijuana.

NJ: Employee's Pick Up of Paycheck Not Covered for Comp After Fall on Premises.

NC: Rules Review Commission to Review IC's Proposed Rule Changes on Dec. 17.

ND: Medical Marijuana Supporters Start to Circulate Petition for Ballot Measure.

OH: House Speaker May Convene Task Force on Medical Marijuana.

OK: Louis Pippin Reappointed to Self-Insurance Guaranty Fund Board.

OR: WCD Issues New Forms for Processing Initial Claims of Occ. Injury or Disease.

OR: WCD Posts Report of Losses Instructions and Guidelines.

TN: Lawmakers to Unveil Opt Out Bill With Benefits Higher Than WC System.

TX: TDI Posts Notice of Workers Comp Hearing: Relativities.

TX: Research and Evaluation Group Accepting Comments for 2016 Research Agenda.

TX: Texas Mutual Pays $3M in Early Qualifier Dividends.

UT: NCCI Explains 2.5% Decrease in Loss Cost Filing.

VA: HB 44 Would Create Presumption of Injury When Worker Unable to Testify.

WA: L&I Announces Workers Comp Rates to Increase 2% in 2016.

WV: Governor Appoints Delegate Mick Bates to Workers Comp Industrial Council.

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 30, 2015: Silicosis Plagues Construction, Fracking, Countertop Workers.
November 23, 2015: Paris Tragedy Reminds Us That Workplace Violence Is a Serious Risk.
November 16, 2015: Will 2016 Be the Year That Opt Out Legislation Catches Fire?
November 9, 2015: A New Mediation Track to Combat Opioid Use by Injured Workers.
November 2, 2015: Low Back Pain Study: Costs & Benefits of State WC Policy Variations.

ACCESS ARCHIVES AND ARTICLES LIST HERE.

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.