Vol. 7, Issue 15

Find Solutions & Strategies April 11, 2016

Opt Out Lessons From Lone Star State

Shining the real light on so-called Texas opt outs

In This Issue

- LONE STAR OPT OUTS

- LARSON'S: Medical Admonition, Wrongful Death Benefits, Voluntary Retirement, Removal of Safety Equipment

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

OPT OUT LESSONS FROM LONE STAR STATE

Shining the real light on so-called Texas opt outs

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

As Lex Larson and I point out in the opening article in Workers' Compensation Emerging Issues Analysis, 2015 Edition, 2016 will shape up to be an important one in determining whether the workers' compensation "opt-out" phenomenon currently going on in Oklahoma spreads to other states, particularly Tennessee and both Carolinas. Not only is opt out talk the focus of our cover story, it was featured prominently at the 24th Annual National Workers' Compensation and Disability Conference held last November in Las Vegas, as well as in recent LexisNexis eNewsletter articles this year about the Oklahoma agency decision that ruled part of the opt out statute unconstitutional, and which is now on appeal. The Las Vegas conference included an informative, fast-paced session entitled "Opt-Out Lessons From Real Lone Star State Business Cases"...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).

Virginia: Failure to Follow Physician's Cautionary Statement Made 19 Years Before Accident No Bar to Recovery. Reversing a decision of the state's Workers' Compensation Commission, a Virginia appellate court held that a physician's instruction, following a 1995 work-related knee injury, that the worker...read more.

Texas: Police Sergeant's Widow May Not Recover Wrongful Death Benefits Against Police Department. A widow's civil action to recover damages from the Houston Police Department related to an incident in which her husband, a police sergeant, was killed in the line of duty by a man who was present in...read more.

Ohio: Worker Not Entitled to TTD Compensation Where His Loss of Income Was Due to Voluntary Retirement. Denial of an injured worker's application for TTD compensation was appropriate where the Commission determined that the worker's loss of income was due to his voluntary abandonment of his employment in...read more.

Alabama: Removal of Safety Equipment Does Not Expose Employer to Tort Liability. Allegations that an employer removed "explosion doors" from a furnace and that a furnace explosion subsequently injured a furnace operator were insufficient to state a cause of action against the employer; the claim was barred by...read more.

Workers' Compensation Emerging Issues Analysis

national & state news

Express Scripts Releases New Drug Trend Report.

Leahy Bill in U.S. Senate Could Kill Key Provision in TX Nonsubscriber ERISA Plans.

AZ: RBRVS Fiscal Impact Study Released.

AZ: ICA Requests Oct. 1 Effective Date for UR Rules for Opioid Use.

CA: Ninth Circuit to Hear Challenge to Class Action in Uber Case.

CA: Governing Committee Votes for Mid-Year Filing.

CA: WCIRB Posts FAQs for 2017 Experience Rating Plan Changes.

CA: DWC Posts Adjustments to OMFS (Physician, Non-Physician Practitioner Services).

CA: Investigative Report Examines Problems in Stemming Medical Provider Fraud.

CT: WCC Publishes 2016 Hospital, ASC Fee Schedule.

FL: Justices Hear Oral Argument in Stahl Constitutionality Case.

FL: Three-Member Panel to Meet 4/20 on Health Care Provider Reimbursement Manuals.

KY: DWC Proposes Rules for Electronic Litigation Management System.

MD: Chesapeake Employers Announces Plans to Phase in NCCI Rates.

MT: State Fund Proposes Rule for Individual Loss Sensitive Dividend Distribution Plan.

MT: DLI Submits Revisions for Rules on Reopening of Medical Benefits.

NC: IC Posts Recommendations for Implementing Drug Formulary.

OH: BWC Administrator Announces Departure for the Private Sector.

OH: BWC Seeks to Create Opioid Prescription Guidelines, Rules.

TX: Governor Reappoints Corna as Injured Employee Public Counsel.

VA: Section 16A Rejection of Coverage Webinar Scheduled for April 26, May 3.

ENEWSLETTER ARCHIVES

Take a deep dive into our past eNewsletters for 2016 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

April 4, 2016: Sharing Economy's Impact on Workers' Compensation.
March 28, 2016: Opt Out Panels at WCRI Conference Sidestep Unresolved Issues.
March 21, 2016: Significant Increase in Fatal Benzodiazepine Overdoses.
March 14, 2016: Tax-funded Healthcare Expenditures in the U.S.
March 7, 2016: Up in Smoke: Medical Marijuana.

ACCESS ARCHIVES AND ARTICLES LIST HERE.

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