Workers Comp this week provided a lot of fodder for discussion. Here’s a review:
Bison Jam Delays Dr. Glimp at Medcor
Glimp said, “I was trapped on the road in a ‘bison jam’ for 15 minutes. They’re often difficult to influence (not unlike physicians)! There is little to no cell coverage in the park, so I needed a land line to call.”[WCx]
LexisNexis Examines Oklahoma Workers Comp Opt-Out, Benefits Review and More in WC World
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.
1. Robinson offers Post Mortem on OK Opt Out Legislation
Thomas A. Robinson writes here, the controversial bill that would have allowed some Oklahoma employers to “opt out” of the state’s traditional workers’ compensation system fell short of having sufficient votes to move legislation through. In his analysis, he says, “A number of the bill’s proponents were crowing about how its passage was a “done deal” and, buoyed on by the Oklahoma success, we’d see a wave of similar legislation in other states. So, we see the importance of counting our chicks only after they’ve hatched. Second, and more importantly, the bill provides us with a provocative example of how states are pulling out all the stops when it comes to attracting and keeping businesses within their borders.”
2. Koenig Offers Update From Benefits Review Board
Karen Koenig, associate general counsel of the Longshore Benefits Review Board at the U.S. Department of Labor writes here the Board received 201 appeals in cases under the Longshore Act, one more than the year before. In addition to summarizing these appeals, Koenig also includes developments from the DBA.
3. Larsons Spotlight Examines 4 Recent Cases:
Larson’s Spotlight looks at several important events this week, here.
1.In Maryland, Injuries Sustained While Returning From Physical Therapy Session to Treat the Effects of Earlier Work-Related Injury Are Not Necessarily Compensable.
2. From Iowa, Forty Years of Cigarette Smoking, Not Cold Conditions of the Employer's Meat Packing Facility Caused Claimant's COPD.
3. In Hawaii, Former Employee's Suit Against Co-Employees Related to Allegedly False Claims and Harassment Were Barred By Exclusivity-Claim for Wrongful Termination Not Barred.
4. From Colorado, Offset of Permanent Total Benefits With Old-Age Social Security Payments Was Appropriate.
5. WC Fraud Blotter Looks at Wrist Pain/Facebook Case, More
The blotter takes a look at a case where an employee claimed wrist pain stopped her from processing inmates’ mail and from typing at work, yet records showed frequent texts and Facebook updates. Read more about this case and five others here.
1. Letter Carrier Fraud, Delivering the Mail Goes To the Dogs.
2. Pasta Alert: The "Noodle" Pleads Not Guilty To Workers' Compensation Fraud .
3. Doctor Indicted For Overbilling Workers' Compensation Insurer Amusement Park Owner Admits to Workers' Compensation Fraud and Tax Evasion .
4. Disability Claimant Caught On Video Working While Collecting Benefits
5. Construction Business Owner Charged With Underreporting Payroll to Workers' Compensation Insurance Carrier.
6. Read about Delaware Decision on Course and Scope
Cassandra Roberts writes here in Have Crockpot Will Travel, “I had a fall of sorts at work a month ago and a recent MRI now shows fractures of the cuboid and the calcaneous. So, no stilettos for me. And I have a work comp prescription card. Vicodin on someone else's dime. Pretty darn sweet. Accordingly, I now relate to the plight of the injured worker. And the case recently offered up by Henry Davis strikes close to home. Which you will understand even more so when you hear the facts of the case.”
7. No Benefits for Alleged Fume Exposure in Missouri
Martin Klug writes here about a case in which the claimant lost his claim against the second injury fund when he failed to prove an accident that his alleged exposure to muriatic acid fumes caused a heart attack. “The court rejected an argument that the commission must award benefits because the fund did not produce any evidence,” he writes.
8. Court Rules That State Bar’s Professional Liability Fund Is NOT Subject to MMSEA Reporting
Mark Popolizio, of the Crowe Paradis Services Corp. explains the case of Oregon State Bar Professional Liability Fund v. United States Department of Health and Human Services & Kathleen Sebelius, here. In the case, he writes, “The court … ruled that a legal malpractice policy, which did not provide coverage for bodily or emotional injuries, was not an ‘applicable plan’ subject to Medicare’s mandatory reporting requirements under the Medicare, Medicaid and SCHIP Extension Act of 2007.”
9. Law360 Looks at CA Facebook Privacy Laws
Erin Coe writes about a piece of legislation trying to “block California companies from making employees and future workers disclose their usernames and passwords for Facebook, Twitter and other personal social media accounts that gained unanimous approval Wednesday from a state Assembly panel,” here.
10. CA Department of Industrial Relations Small Business Portal Up and Running
Check out California’s new site for small businesses here. They explain “Small businesses are critical to California’s economic recovery and strength, to building America’s future, and to helping the United States compete in today’s global marketplace. Small businesses also represent 99.7 percent of all employer firms and they employ just over half of U.S. workers and pay 44 percent of total U.S. private payroll.”
11. TDI-DWC Gives Authorization to Certify Maximum Medical Improvement (MMI) and Assign an Impairment Rating
The Texas Department of Insurance Division of Workers’ Compensation reminds all workers’ compensation system participants that the Texas Labor Code and TDI-DWC rules impose certain requirements for a doctor to become authorized to certify maximum medical improvement (MMI) and assign impairment ratings for claims in the Texas workers’ compensation system. For more information, look here.
12. Oklahoma WCC Posts Proposed Change for Rule 23, Eye Impairment
Oklahoma has offered a proposed change for consideration by its supreme court following adoption by the WC court regarding definitions for what constitutes eye impairment.
WorkersCompensation.com Hosts Video Roundup
WorkersCompensation.com has started a weekly video roundup. Check it out here.
Gould and Lamb Hosting Two Training Sessions
At two casinos in Atlantic City and St. Louis, Gould & Lamb will offer what they call the most comprehensive WC, liability and risk management conferences to date. The sessions will have special focus on Medicare & Medicaid compliance. The Atlantic City conference will be at Bally’s June 18-9 and the St. Louis session will be at Harrah’s Aug. 6-7. For more information, look here.[WCx]
The “Jackpot” sessions are being billed, “Don't Gamble on Workers' Compensation, Liability & Medicare/Medicaid Compliance! We have gathered together some of the industry's most respected leaders and experts to provide attendees with two full days of compliance education and training, as well as an exciting look into the future of Medicare/Medicaid Compliance.”
Note: If your company has any developments you'd like to share, please send them to us at: [email protected]
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: [email protected].
Editor 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% – 50%. He is a writer, speaker, and website publisher. Contact: [email protected]
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