The Best Tidbits of News from the Workers Comp Community

 

Chopped Chef
by Ted Tafaro and Frank Zuccarello, published in Risk Management Magazine
 
“If you are a Baby Boomer, you probably remember the cooking show The French Chef. Filmed live and uncut, you could hear the pots and pans bang, oven doors squeak, and chef Julia Child’s singsong patter about life in the kitchen. It wasn’t terribly exciting, but Child became a pop-culture icon and was in many ways the first true celebrity chef.
 
But somewhere along the way that tiny kitchen on Julia Child’s low-budget set became “Kitchen Stadium” on Food Network’s popular Iron Chef  series. It became a place where chefs enter a culinary arena like gourmet gladiators, accompanied by blaring music, blinding lights that could illuminate an airport runway and the almost surreal sight of a man hoisting a $100,000 camera on his back while zooming in on the perfect close-up of a stick of butter melting in a frying pan.”  Read More:
 
 
Henry Seager’s 1910 Book on Social Insurance
In 1910, Columbia University Professor of Political Economy, Henry Rogers Seager, published one of the first American books on social insurance. This work, "Social Insurance: A Program of Social Reform" is both a classic and an early exposition of the philosophical movement for social insurance in America. The philosophy expressed by Seager would be the same general viewpoint favored by many of the founders of Social Security in America. Seager's books expresses the thinking of Americans toward this new idea of social insurance which had in origins in Europe at the end of the 19th century. Read More…
 
 
 
News From Lexis Nexis
 
Love It or Hate It: Medicare Secondary Payer Enforcement Is Here to Stay, by Jennifer C. Jordan, Esq. Progress is the theme of this year's update to The Complete Guide to Medicare Secondary Payer Compliance, 2012 Edition (available in October). Nothing has improved so much that people don't still cringe at the mention of MSAs, but after 10 years of frustration over CMS acting like a dictatorial monarchy, things have started to give a little. Beginning with CMS voluntarily and preemptively making some efficient and cost effective changes in the handling of low dollar liability settlements, we are now on the brink of getting official federal regulations to govern the handling of future medical allocations. This is where we finally find out if the United States Constitution really works.” Read more.
 
Worker Awarded Additional Benefits When Retirement Not Voluntary, by Thomas A. Robinson. When a claimant is unable to obtain employment because of his or her physical condition, medical evidence that the claimant could perform such work if it were available generally will not defeat the status of total disability. Sometimes, however, there is an issue as to whether the claimant has withdrawn from the labor force altogether, as by devoting full time to obtaining an education, or by electing to retire. If the decision to retire is connected to the industrial injury, however, the claim will usually not be defeated. For example, an Ohio appellate court recently held that …Read more about this case and other cases involving tort action against carrier, toxic tort & exclusive remedy, and snake bite.”
 
Barry Bloom to Speak at National Workers’ Comp Conference. LexisNexis has partnered with the National Workers' Compensation Conference to create an enhanced legal track  for attorneys and other workers' comp  professionals Nov. 7-9, 2012. View the program agenda. There are 15 members of the Larson's National Workers' Compensation Advisory Board speaking at this event. You don't want to miss this conference! Take advantage of the special discount for all LexisNexis Workers' Compensation Law Community members. Community membership is free at our site. We are pleased to announce that LexisNexis author Barry Bloom will be speaking on A Blueprint for Successful High-Exposure Claims Closures, part of the claims management track at the conference.”
 
 

Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher.  www.reduceyourworkerscomp.com Contact mstack@reduceyourworkerscomp.com

 

 


WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com

VIEW SAMPLES PAGES

MODIFIED DUTY CALCULATOR:  www.LowerWC.com/transitional-duty-cost-calculator.php

 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

Workers Comp Tidbits from Around the Globe

You’re busy, we know. So Roundtable has gathered the best and most compelling stories from the workers compensation world for you. Sit back, relax, and read about just those things that interest you, confident you won’t be missing important developments in compensation.
 
LexisNexis Communities Analyzes Motel Sex Case, Odd-Lot and More
 
The Workers Compensation Law Community Powered by Larsons on LexisNexis compiled a great newsletter evaluating the details of many current  WC cases this week. Sign up for their newsletter here and get all this and more in your inbox.
 
 
Wacky World of Comp Sex Case Examined by Roberts
Cassandra Roberts, Esq., writes in her blog, about the Australian woman who received WC benefits for facial injuries sustained while having sex on a business trip. The Federal Court of Australia found that this injury was no different than any other that may happen on work time. Roberts’ three-part analysis looks at how Delaware might handle the case by examining state precedent in similar business trip injuries.
 
 
Spotlight Shines on Odd-Lot Doctrine, Exclusive Remedy, Retaliatory Discharge, and Disfigurement Award
Larson’s Spotlight takes a look at the odd-lot doctrine, which means total disability may be found in the case of workers who, while not altogether incapacitated for work, are so handicapped that they will not be employed regularly in any well-known branch of the labor market.
 
The spotlight also examines these three cases:
1. From New York: Employer's Corporate Subsidiary Was Shielded by Exclusive Remedy Defense Where Injured Worker Worked Under Supervision of Both the Subsidiary and the Employer
2. In Texas: Evidence That Worker Was Terminated As Part of General Reduction in Work Force Held Sufficient to Defeat Worker's Retaliatory Discharge Action
3. In Delaware: Board's Facial Disfigurement Award Reversed Where Board Did Not Compare Severity of Scar with Other Similar Scars that Board Had Observed In Its Accumulated Experience
 
Juge Looks at Louisiana 2011 In Review
Denis Paul Juge, Esq. notes that while there were no major legislative changes in 2011, significant changes are expected in 2012. He urges those interested in Louisiana WC law monitor the legislative activity at here. Further, the OWC has promulgated the new hearing rules that include limitations on the trial continuance by consent and provides for the stay of a suit if good cause is shown, he says. Read more of his noteworthy case developments here.
 
 
Max Comp Rate Determine By Date of Disability, Not Injury
Monica F. Markovich and Jonathan A. Tweedy discovered in Practical Application of Roberts vs. Sea-Land Services, Inc., that the date in which an injured worker is "newly awarded compensation" and its effect on the maximum compensation rate is defined differently than originally thought.
 
They write, “The following chart explains the practical application of the decision:
  1. Injury causing immediate disability: Maximum compensation rate is based on date of injury.
  2. Injury without immediate disability: Maximum compensation rate is based on first date of disability.
  3. Injury where disability lasts more than 3 but less than 15 days: Maximum compensation rate is based on fourth day of disability, where the disability actually begins under Section 6(a).
  4. Injury where initial disability lasts more than 3 but less than 15 days but a later period of disability occurs: Maximum compensation rate is initially based on fourth day of disability. If there is a later period of disability such that the total disability exceeds 14 days, then the maximum compensation rate would revert back to the first day of disability.”
 
Read more of the analysis here.
 
Community Blogs Shredding up The Net
Take a look at the work of these top WC blogs:
  1. LexisNexis Workers' Comp Fraud Team, here.
  2. Cassandra Roberts.
  3. Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware, here.
 

Longshore Seminar Coming up In New Orleans
Robert Wilson recently noted on WorkersCompensation.com there is an upcoming seminar for the National Workers' Compensation Defense Network (NWCDN). It will be June 6 and 7 in New Orleans.
 
Wilson writes that longshore topics and the related Jones act “are not as ‘well traveled’ as others in the conference arena. In fact, I am hard pressed to remember any conference where an emphasis was put on these areas. If these jurisdictions are within your realm of interest, I would suggest you look into attending.”
 
For more information about the seminar, look here.
 
 
Note: If your company has any developments you'd like to share, please send them to us at: RShafer@ReduceYourWorkersComp.com

 

 

 

Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: RShafer@ReduceYourWorkersComp.com.

 


WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com
MODIFIED DUTY CALCULATOR:  www.LowerWC.com/transitional-duty-cost-calculator.php

 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

Workers Compensation This Week In Review

LexisNexis Communities Highlights Hot Topics WC In Reviewpic3

The Workers Compensation Law Community Powered by Larsons on LexisNexis offers an interesting look at WC this week:

 

 

Ronald E. Weiss and Ronald Balter analyze in “New York Workers’ Comp Stakeholders Continue to Absorb 2007 Reform Changes,” found here, “During the past year, stakeholders in the workers’ compensation system in New York have continued to absorb legislative and administrative changes initiated by the 2007 reform. Maximum indemnity rates are now indexed to two-thirds of the State Average Weekly Wage.”

 

 

The Law Community also takes a look at the Workers Compensation Board policy on firearms here by examining what the policy is, how it affects law enforcement and what notification rules are.

 

 

They also take an insightful look into a Florida pizza delivery man who was fired after being robbed. See complete article here. Reporter Michael Miller notes the man is suing Domino’s, his former employer, “claiming (they) cruelly denied him workers’ compensation for his injuries from that night and then unlawfully fired him.”

 

 

In the Pittsburg Post-Gazette, writer Gina Passarell comments on how the Steelers football team does not have to pay attorney fees in a workers’ comp case. The incident (see full story here) is related to a former player’s WC case in which he suffered injuries while with the team. “The team argued he was not ‘disabled’ since he went on to play for other pro teams, the Commonwealth Court has ruled,” Passarell wrote. “Pennsylvania law automatically provides attorney fees to prevailing claimants when employers contest a claim for workers’ compensation benefits, unless that protest is ‘reasonable.’ “

 

 

Working Immigrants Blog Looks at Pew Study

Working Immigrants, a weblog about the business of immigrant work: employment, compensation, legal protections, education, mobility, and public policy writes this week that net migration from Mexico fell to zero.

 

 

“According to a report by the Pew Hispanic Center, ‘The largest wave of immigration in history from a single country to the United States has come to a standstill. After four decades that brought 12 million current immigrants—more than half of whom came illegally—the net migration flow from Mexico to the United States has stopped—and may have reversed, according to a new analysis by the Pew Hispanic Center of multiple government data sets from both countries.’ “The blog takes a deeper look into this study here.

 

 

TDI-DWC Approves 7 Companies to Self-Insure for Workers’ Compensation Claims

According to Stuart Colburn, shareholder in Downs Stanford, P.C. , the Texas Department of Insurance, Division Workers’ Compensation reports here The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) approved seven renewals of the Certificates of Authority for companies to self-insure their workers’ compensation claims for a one-year period under the TDI-DWC Self-Insurance Program. These companies collectively employ approximately 27,900 employees in Texas.

 

 

The report notes, “Under Texas law, certain large, private companies can self-insure for workers’ compensation claims, while retaining the protection of the Texas Workers’ Compensation Act for the company and for its employees. To qualify, a company must have a minimum workers’ compensation insurance unmodified manual premium of $500,000 and meet other requirements subject to annual review.”

 

 

Capital Community College Offers Live Classes in Risk Management

Capital Community College of Hartford, CT is now offering these live instruction classes in ARM:

 

ARM 54: Risk Assessment (PRFD 5359-2176)

Tuesdays/Thursdays from 5 PM – 9 PM

May 8 – June 14, 2012

$699 plus textbook

 

ARM 55: Risk Control (PRFD 5360-2177)

Tuesdays/Thursdays from 5 PM – 9 PM

June 19 – August 2 (excluding July 3 & July 5)

$699 plus textbook

 

ARM 56: Risk Financing (PRFD 5395-3602)

Tuesdays/Thursdays from 5 PM – 9 PM

September 25 – Nov. 1

$699 plus textbook

 

To register by phone, call (860) 906-5130. Contact Carol Vassar-Pettit with questions, cpettit@ccc.commnet.edu.

 

 

Advisen’s Casualty Insights Conference Coming May 1

Register here for keynote speakers, Allied World’s Lou Iglesias, Navigators’ Stan Galanski, and Arch’s Mark Lyons and an all-star Risk Manager panel.

 

 

The casualty conference at the McGraw Hill Conference Center is free for risk managers and insurance buyers; Advisen Clients are $395; general registration is $495. Further, eight CE credits are available for $125.

 

 

Other speakers include: Mitchell J. Auslander of Willkie Farr & Gallagher, Alfred Bergbauer of Marsh and Carmelite Bertaut of Stone Pigman Walther Wittmann LLC

 

 

Broadspire Promotes Erica Fichter to Senior Vice President of Medical Management

Broadspire, a TPA WC claims administrator and medical management service provider, has named Erica Fichter to senior vice president of medical management services.

[WCx]

Fichter will oversee a staff of more than 500 clinical professionals and support personnel located throughout the United States. Broadspire has the fifth largest medical management company in the country, with integrated services including: medical bill review, field and telephonic case management, utilization review, physician review, the BOLD® Network preferred provider offering and chronic pain management. “With this array of services, Broadspire’s cost containment results are typically 10 to 15 percent better than those produced by other TPAs and managed care companies,” they claim.

 

 

Note: If your company has any developments you’d like to share, please send them to us at: mbstack@gmail.com

 

 

Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Workers Compensation Management Program: Reduce Costs 20% to 50%Contact: RShafer@ReduceYourWorkersComp.com.

 
WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com
MODIFIED DUTY CALCULATOR:  www.LowerWC.com/transitional-duty-cost-calculator.php

 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

 

Vermont Proposes Radical Approach to Workers Compensation and other News

 
Vermont H 762 — a radical approach to workers compensation in Vermont
Noted WC writer Peter Rousmaniere writes that Vermont is set to pass a radical approach to dealing with the independent contractor problem in workers comp. “The problem is this: many businesses in the past, across the country, have chosen to define their workers as independent contractors, thereby saving themselves serious money in workers comp insurance, unemployment compensation insurance, and other benefits mandatory or voluntary, and leaving their workers exposed to the elements .(There are also other state labor protections that come to play),” he says.[WCx]
 
 
“The house bill 762 has a provision expressly designed to let workers define themselves as independent contractors!” he notes. “The intent comes out in the hearings: to let employers such as contractors hire them without having to worry about the risk of the engagement being seen as employment — even if the engagement looks, talks and walks like employment.”
 
 
Volume Three of the LexisNexis eNewsletter Available
Follow this link to see a summary of state and world news in the WC industry. This edition includes information on North Carolina’s reforms, Retaliatory Discharge and an experts year-in-review among many other “goodies.” Check it out!
 
 
Broadspire Holds First Annual Rx Summit
Danielle Lisenbey, chief operating officer for the Medical Management Services of Broadspire announced its first annual Rx Summit here in Sunrise March 22. As a leader in the industry, Broadspire first Pharmacy Issues Summit should prove to be helpful. They write, “The purpose of the meeting is to bring thought leaders from various organizations together to discuss relevant topics and issues surrounding pharmacy benefits in the workers compensation setting. The intent is not to share the specifics of what various companies are doing, but rather to focus on the global industry issues themselves and what may be the possible trends and developments for the future. One key objective of the program will be to help to identify and define common threads that run through all components of the industry – across claimants, payors, employers and carriers. Defining some of these commonalities will help the consumer to maneuver through the market. This will be an opportunity to brainstorm and share ideas amongst industry peers that can help to influence positive impacts for all.”
 
 
Email Mjaynes@choosebroadspire.com by March 15, 2012 for more information. The Summit is by invitation only.
 
 
TDI-DWC Launches Redesign of Homepage on the TDI Website
Texas Department of Insurance, Division of Workers' Compensation changed its site this week. The redesign of its homepage on the TDI website at http://www.tdi.texas.gov/wc/indexwc.html.
 
 
“In an effort to make online resources for workers’ compensation system participants more user friendly, the TDI-DWC homepage redesign features a new tab style menu with three sections to assist system participants in accessing workers’ compensation information. Topics A-Z features an alphabetical listing of workers’ compensation-related subject matter that directly links to website content. Online Services features direct links to services, including: safety violation reporting, employer coverage verification and attorney fee processing.
Resources features direct links to resources, including the Texas Labor Code, TDI-DWC rules, calendar of events and training and TDI-DWC forms,” they write.
 
 
There are many other helpful changes. Go take a look!
 
 
WCRI Releases Study of WC Laws
The Workers Compensation Research Institute (WCRI) and the International Association of Accident Boards and Commissions (IAIABC) just released a joint study, Workers’ Compensation Laws as of January 2012.
 
 
This tool allows users to compare WC system laws across U.S. and Canada. More information is available here.
 
 
WCRI calls it, “An essential tool for researching and understanding the distinctions among workers’ compensation laws in all U.S. states and certain Canadian provinces.”
 
 
LRP Publications Announces New EEO/Federal Manager Book
To prevent age discrimination and sexual harassment complaints, managers need guidance. EEO complaints can be avoided.
 
 
This new guide is updated with changes in the ADA and the Genetic Information Nondiscrimination Act. Follow this link to learn more: EEO and Federal Managers: Following the Principles, Avoiding Complaints. The book could be handed out to all managers to get everyone up to speed on their EEO responsibilities.
 
 
Chapters include:
EEO Responsibilities
Sex Discrimination and Sexual Harassment
Race and Color Discrimination
National Origin Discrimination
Age Discrimination
Religious Discrimination and Accommodation
Disability Discrimination and Accommodation
Toward a Diverse Federal Workplace
 
 
Early MRIs Impact Outcomes Workshop March 14
Liberty Mutual Insurance knows that while MRIs are commonly used in workers compensation claims, their findings may or may not always be related to workplace injury. To this end, they are hosting a workshop March 14. More information is available here.
 
 
Among the topics to be discussed will be the results from a Liberty Mutual Research Institute for Safety study on the early use of MRIs as they relate to claims outcomes, case studies from the field and best practices around the use of MRIs.[WCx]
 
 
The company recommends people with claims, loss control, risk consulting, or managed care responsibilities should attend as well as risk managers interested in the latest issues and research associated with MRIs and claims outcomes.

 

 

 

 

Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: RShafer@ReduceYourWorkersComp.com.

 


WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com

VIEW SAMPLES PAGES

MODIFIED DUTY CALCULATOR:  www.LowerWC.com/transitional-duty-cost-calculator.php

 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

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