National And State-by-state Workers' Comp News Roundup Powered By Larson's (3/25/2013)

National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/25/2013) Related Articles Author: LexisNexis Workers' Comp Law Newsroom Staff National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/25/2013) Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS:
For the original version including any supplementary images or video, visit http://www.lexisnexis.com/COMMUNITY/WORKERSCOMPENSATIONLAW/blogs/newsheadlines/archive/2013/03/24/national-and-state-by-state-workers-comp-news-roundup-powered-by-larson-s-3-25-2013.aspx

California Poised To Adopt Workers' Comp Limits For Athletes

Workers Comp Regulations

Nearly three-quarters of all new claims made in California now include alleged brain injuries. Most of these claims come from former pro football players, brought by superstars such as Joe Theismann, Tony Dorsett and Earl Campbell, as well as unheralded practice squad players. The claims represent a huge financial risk for National Football League teams. Research suggests that repeated head trauma from violent contact can lead to dementia , Parkinson's disease and other incurable conditions. A complete list of claims by football players, culled from millions of filings from the Division of Workers' Compensation, is posted at the L.A. Times' website. Now the NFL and five other professional sports leagues are close to limiting their liability drastically for such workers' comp claims. They have lobbied for state legislation that would bar athletes who played for out-of-state teams from filing in California. The state Senate is expected to approve the bill Tuesday; the Assembly already has.
For the original version including any supplementary images or video, visit http://www.latimes.com/business/la-fi-nfl-brain-injuries-20130831,0,2692807.story

Department of Insurance plans hearing for workers' comp changes

Since the early 1980s, an estimated $747 million has been paid out to about 4,500 players, according to an August study commissioned by major professional sports leagues. California taxpayers are not on the hook for these payments. Workers' compensation is an employer-funded program. Now a major battle is brewing in Sacramento to make out-of-state players ineligible for these benefits, which are paid by the leagues and their insurers. They have hired consultants and lobbyists and expect to unveil legislation next week that would halt the practice. "The system is completely out of whack right now," said Jeff Gewirtz, vice president of the Brooklyn Nets formerly the New Jersey Nets of the National Basketball Assn. Major retired stars who scored six-figure California workers' compensation benefits include Moses Malone, a three-time NBA most valuable player with the Houston Rockets, Philadelphia 76ers and other teams.
For the original version including any supplementary images or video, visit http://articles.latimes.com/2013/feb/23/business/la-fi-proathletes-workers-comp-20130223

Athletes cash in on California's workers' comp

In California, for example, the "Notice to Employees" poster that identifies the workers' comp program the business maintains on behalf of employees must be available in a conspicuous place such as in the lunchroom, male and female bathrooms or other place where employees are sure to read it. New York requires a similar poster, a "Notice of Compliance for Workers' Compensation," be made available to employees. Deadlines When an employee files a claim of injury at work, the employer must file the claim within a specific period or face fines and penalties. While these fines vary state-to-state, in Florida, for example, penalties increase from $100 for a one-to-seven-days-late filing, on up to $500 for more than 28 days of untimely filing. Once the claims examiner accepts the claim, any temporary disability payments must occur after the state's designated waiting period, in some cases after 7 or 14 days, depending upon the state. The state's weekly average wage and a calculation similar to that used by unemployment departments helps determine how much an employee receives while the injury heals. Late payments also receive fines and penalties, typically paid to the injured worker. No-Fault System Workers' compensation insurance operates on a no-fault system, finding neither fault nor blame on behalf of the employer or employee for the injury. The establishment of this program eliminated the need for a "tort" system where employees had to sue employers to receive benefits for work-related injuries.
For the original version including any supplementary images or video, visit http://yourbusiness.azcentral.com/workers-comp-regulations-23215.html

The Perception Series Part I: Workers' Comp is a Problem for the Uninitiated and Unaware

The problem is that clubs in Ohio or Texas might spend only $500,000 on workers comp while franchises in California might spend as much as $4 million. That's a net loss of $3.5 million for the California owners, who argue that if player costs are going increase across the board in things like salaries, retirement benefits and medical care, the expenses should be shared evenly by clubs -- particularly when it comes to workers comp, which is among the largest expenses. "It's a fairly big competitive issue when year after year the California teams are spending so much more on workers comp," said a high-ranking official for a California team. "If a player spends most of his career on a team outside the state, we shouldn't be paying his workers comp claims." Reggie Williams shows off the damage done to his knee from his days in the NFL. Jim Trotter/SI The official admitted that workers comp is one of the talking points when his team is weighing whether to sign an out-of-state free agent who might be at the end of his career but could still contribute for a year or two. "We're less likely to bring in a guy like that (under the current system), and that's what we're trying to take off the table," said the official. "We don't want California teams to not be a destination for some players because of workers comp.
For the original version including any supplementary images or video, visit http://sportsillustrated.cnn.com/nfl/news/20130507/workers-comp-california/

Workers Compensation Claim Handling Standards

9 proposed that the state change a classification system, use collective bargaining agreements to validate an employeeas hourly wage rate and amend other arcane items. The hearing of more general interest will be a second public hearing related to the Rating Bureauas recommendations, but the Department of Insurance has not yet scheduled one. In early September, the Rating Bureau will submit its recommendation to state regulators on pure premium rates for policies beginning or renewing on Jan. 1 of next year. Then the Department of Insurance will schedule a separate public hearing on the issue of rates. The Rating Bureau said earlier this month that it would recommend that insurers boost their base rates by 3.4 percent above the industry average that insurers were charging as of July 1. The organization recommends that workersa comp insurers file base rates of an average of $2.62 for every $100 of payroll. That is 3.4 percent higher than the industry average of $2.53 as of July 1. The insurance commissioner can accept, reject or modify the base rate that the Rating Bureau recommended.
For the original version including any supplementary images or video, visit http://www.bizjournals.com/sacramento/news/2013/08/27/workers-comp-regulation-changes-insuranc.html

States, ex-players trying to level playing field on workers comp

Litigation Management: All files referred to a defense attorney should contain a referral letter outlining the facts of the claim and providing the defense attorney with instructions on how the adjuster wants the attorney to proceed. The referral letter should also request the defense attorney to provide an analysis of the strong and weak points in defending the claim, along with the attorneys recommendations. The attorney should be required to provide a litigation budget outlining the projected cost of defense. All billings provided by the defense attorney should be reviewed by the adjuster for appropriateness of the charges. Diary: All future handling activity planned by the adjuster should be placed on a diary (calendar) for follow-up on a timely basis. This includes all Plan of Action issues as well as routine file follow up. Claim File Notes: All activities on the file should be documented in the claim file notes sections of the file. This includes all telephone discussions, emails, letters, medical reports, state forms, and any other file developments. If your insurer or TPA is not following the above industry Best Practices, it will have a negative impact on the outcome of your claim files. If you know or suspect that the Best Practices are not being followed, you should arrange for an independent claims auditor to review your claims files. A claim file audit will provide you with the needed insight into your claims, allowing your company to take the necessary steps to improve the claim handling of your work comp claims, lowering your overall workers compensation cost. For assistance in finding a claim files auditor, please contact us. 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% .
For the original version including any supplementary images or video, visit http://www.workerscompensation.com/compnewsnetwork/workers-comp-blogwire/17369-workers-compensation-claim-handling-standards.html

Many (MANY!) believe that workers' comp in this country is a singular entity, a nebulous yet all controlling concern that runs the entire system. Of course, if there was such an entity, they would have a website. And their domain name would naturally have to be WorkersCompensation.com. We see it all, as people routinely contact us believing we are the government agency/insurance company/claims management/evil operation in charge of their policy or claim. And of course, as the guy who runs the show, I am the one responsible for the denial of their claim. The delay in their settlement. The lack of authorization on their prescriptions, or the one who should know Johnny down the street is committing fraud. This basic lack of awareness or information hurts both the newly injured and the industry established to tend to them. The belief that workers' comp is in any way simple, controlled by one overarching entity, does not leave the injured worker at all prepared for the juggernaut of complexity headed their way.
For the original version including any supplementary images or video, visit http://www.workerscompensation.com/compnewsnetwork/from-bobs-cluttered-desk/17388-the-perception-series-part-i-workers-comp-is-a-problem-for-the-uninitiated-and-unaware.html

National and State-by-State Workers' Comp News Roundup Powered by Larson's (2/19/2013)

National and State-by-State Workers' Comp News Roundup Powered by Larson's (2/19/2013) Related Articles Author: LexisNexis Workers' Comp Law Newsroom Staff National and State-by-State Workers' Comp News Roundup Powered by Larson's (2/19/2013) Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS:
For the original version including any supplementary images or video, visit http://www.lexisnexis.com/COMMUNITY/WORKERSCOMPENSATIONLAW/blogs/newsheadlines/archive/2013/02/19/national-and-state-by-state-workers-comp-news-roundup-powered-by-larson-s-2-19-2013.aspx

Okla. Workers Comp Program Reformed

The state legislature voted in sweeping changes this year and Tuesday, Deputy Commissioner of the Injuries at Oklahoma workplaces will no longer be a long-term process through the courts. NEW Updated: Tuesday, August 27 2013 5:09 PM EDT2013-08-27 21:09:03 GMT OKLAHOMA CITY (AP) - State education leaders and lawmakers are scheduled to announce the results of a program that's intended to help raise the test scores of Oklahoma students on advanced placement State School Superintendent Janet Barresi says students at the six Oklahoma schools participating in the National Math and Science Initiative program showed a 55 percent increase in their scores on the advanced placement exams in math, science and English. new Updated: Tuesday, August 27 2013 4:42 PM EDT2013-08-27 20:42:06 GMT OKLAHOMA CITY (AP) - Oklahoma's medical examiner says an http://attorney-in-rancho-cucamonga.com/more-information/workers-compensation/ Australian baseball player shot dead on a tree-lined street was struck by a bullet that collapsed both his lungs, fractured two ribs and ripped Oklahoma's medical examiner says an Australian baseball player shot dead on a tree-lined street was struck by a bullet that collapsed both his lungs, fractured two ribs and ripped through his aorta and pulmonary artery. Updated: Tuesday, August 27 2013 4:38 PM EDT2013-08-27 20:38:14 GMT OKLAHOMA CITY (AP) - Oklahoma's infant mortality rate is declining but remains above the national rate. The Oklahoma State Department of Health said Tuesday that the state's infant mortality rate has Oklahoma's infant mortality rate is declining but remains above the national rate. Click here to see the latest Oklahoma Lottery numbers.
For the original version including any supplementary images or video, visit http://www.kswo.com/story/23270480/okla-workers-comp-program-reformed

Department of Insurance plans hearing for workers' comp changes

picks first workers' comp commissioner August 27, 2013 OKLAHOMA CITY (AP) Gov. Mary Fallin has selected a longtime Oklahoma businessman as her first appointee to the new Workers' Compensation Commission. Fallin on Monday announced she has chosen Troy Wilson Sr. for the post. The Legislature created the commission last year as part of a transition from the current court-based workers' compensation system to an administrative one. The governor appoints all three members of the commission, who must be confirmed by the Senate. Wilson is a native of Blackwell and a longtime employee of Xerox Corp.
For the original version including any supplementary images or video, visit http://www.businessweek.com/ap/2013-08-27/okla-dot-gov-dot-picks-first-workers-comp-commissioner

Fight Back! Stop Workers Compensation Rate Increases

The museum installed Fort Sill's Air Defense Artillery Museum is finished with renovations and Tuesday, pieces of history started making their move back home to their permanent location. Updated: Tuesday, August 27 2013 5:16 PM EDT2013-08-27 21:16:33 GMT LAWTON Okla_ Injuries at Oklahoma workplaces will no longer be a long-term process through the courts. The state legislature voted in sweeping changes this year and Tuesday, Deputy Commissioner of the Injuries at Oklahoma workplaces will no longer be a long-term process through the courts. NEW Updated: Tuesday, August 27 2013 5:09 PM EDT2013-08-27 21:09:03 GMT OKLAHOMA CITY (AP) - State education leaders and lawmakers are scheduled to announce the results of a program that's intended to help raise the test scores of Oklahoma students on advanced placement State School Superintendent Janet Barresi says students at the six Oklahoma schools participating in the National Math and Science Initiative program showed a 55 percent increase in their scores on the advanced placement exams in math, science and English. new Updated: Tuesday, August 27 2013 4:42 PM EDT2013-08-27 20:42:06 GMT OKLAHOMA CITY (AP) - Oklahoma's medical examiner says an Australian baseball player shot dead on a tree-lined street was struck by a bullet that collapsed both his lungs, fractured two ribs and ripped Oklahoma's medical examiner says an Australian baseball player shot dead on a tree-lined street was struck by a bullet that collapsed both his lungs, fractured two ribs and ripped through his aorta and pulmonary artery. Updated: Tuesday, August 27 2013 4:38 PM EDT2013-08-27 20:38:14 GMT OKLAHOMA CITY (AP) - Oklahoma's infant mortality rate is declining but remains above the national rate.
For the original version including any supplementary images or video, visit http://www.kswo.com/story/23258826/doak-hosts-forums-on-new-workers-comp-law

Doak Hosts Forums on New Workers' Comp Law

30 public hearing in Sacramento to consider changes to a variety of proposed workersa compensation regulations. The Workersa Compensation Insurance Rating Bureau of California , the nonprofit group that advises the state on rates and regulations, on Aug. 9 proposed that the state change a classification system, use collective bargaining agreements to validate an employeeas hourly wage rate and amend other arcane items. The hearing of more general interest will be a second public hearing related to the Rating Bureauas recommendations, but the Department of Insurance has not yet scheduled one. In early September, the Rating Bureau will submit its recommendation to state regulators on pure premium rates for policies beginning or renewing on Jan.
For the original version including any supplementary images or video, visit http://www.bizjournals.com/sacramento/news/2013/08/27/workers-comp-regulation-changes-insuranc.html

Okla. gov. picks first workers' comp commissioner

Initially, a triage nurse should arrange the immediate medical care and any subsequent medical appointments. If the injury is severe, and the employee is going to be off work, a nurse case manager should take over the coordination and arrangement of medical care. Alternatives to Insurance: Larger employers should discuss alternatives with their brokers. Instead of a standard workers compensation insurer, large employers should explore the possibilities of setting up their own pure captive insurance company, renting a captive, joining a group captive, joining a pool, joining a risk retention group, joining a purchase group (Texas only) or starting a large deductible program. Each of these alternatives has pluses and minuses, so please research each carefully. For more information on how you can fight back against another rate increase, please give us a call. We will be glad to discuss your specific needs and assist you. Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc.
For the original version including any supplementary images or video, visit http://www.workerscompensation.com/compnewsnetwork/mobile/workers-comp-blogwire/17356-fight-back-stop-workers-compensation-rate-increases.html

CA: Cristine Gondak Appointed WCAB Deputy Commissioner Effective 7/1/2013.

CA: Cristine Gondak Appointed WCAB Deputy Commissioner Effective 7/1/2013. Word Cloud Author: LexisNexis Workers' Comp Law Newsroom Staff CA: Cristine Gondak Appointed WCAB Deputy Commissioner Effective 7/1/2013. SAN FRANCISCO - According to a statement by Chairwoman Ronnie G. Caplane of the California Workers' Compensation Appeals Board: "It is with great pleasure that we announce the appointment of Cris Gondak to the position of Deputy Commissioner at the Workers' Compensation Appeals Board. "As a Deputy Commissioner, Judge Gondak will supervise the Appeals Board's staff attorneys, train and mentor new attorneys and act as counsel to the Commissioners when necessary. She will also participate in drafting regulation, en banc and significant panel decisions as well as participate as a panelist on cases as necessary. "Judge Gondak has been http://attorney-in-temecula.com/more-information/workers-compensation/ a Workers' Compensation Administrative Law Judge in Santa Rosa and Oakland since 1998. Prior to that, she was a partner at Hanna, Brophy, MacLean, McAleer & Jensen in Oakland where she began her career in workers' compensation law in 1981. Judge Gondak received her JD from U.C. Hastings College of the Law in 1975 and her BA from Stanford University in 1971. "Judge. Gondak is a highly respected Workers' Compensation Administrative Law Judge for her legal acumen, knowledge, evenhandedness and well-reasoned decisions. She brings a wealth of experience and a good sense of humor to the Appeals Board. We look forward to having Judge Gondak join us on July 1, 2013. "Please join us in welcoming Cris Gondak." Source: California Workers' Compensation Appeals Board Tags:
For the original version including any supplementary images or video, visit http://www.lexisnexis.com/Community/workerscompensationlaw/blogs/newsheadlines/archive/2013/06/02/ca-cristine-gondak-appointed-wcab-deputy-commissioner-effective-7-1-2013.aspx

Senate fails to revive workers' comp bill for first responders

NYS Workers' Comp Board to Begin Business Process Re-Engineering Project

"Although this measure would likely have a significant impact on State, local, and municipal government budgets, the bills sponsors refused to obtain a fiscal analysis or refer the bill to either houses respective budget committees." The existing workers compensation process "appropriately balances all facts necessary to determine a proper compensation award," Christie's veto said. "In contrast, this bill alters that careful balance by providing public safety workers with a presumption to workers compensation, rebuttable only by clear and convincing evidence." During Monday's state Senate voting session the first since Christie vetoed the bill Greenstein appealed to her colleagues by noting that 34 other states have similar laws. "It's not too much to ask, for those who race in while everyone else races out" of a burning building or from other dangerous situations, she said. The Senate needed to muster 27 of 40 votes to revive the bill, S1778, but it gained only 22 votes. Thirteen senators voted no. The workers compensation system is far from fair, said Dominick Marino, president of the Professional Firefighters Association of New Jersey. "A firefighter who is on the job 20 years would have to say where and when he contracted the cancer, and there no way to do that the city, municipality, employers they have all records. It's a long, drawn-out battle." The bill was first introduced in the 2006-07 legislative session.
For the original version including any supplementary images or video, visit http://www.nj.com/politics/index.ssf/2013/08/senate_fails_to_revive_workers_comp_bill_for_first_responders.html

Its been a long road to get here. He estimated that the widow and her son may be entitled to death benefits of about $300,000, but said the final amount will be determined later by a workers compensation judge. The family is entitled to payments for funeral expenses up to $7,500 and some medical costs. The case has been the subject of several appellate court rulings since the workers compensation judge initially ruled that the widows claim was filed too late and her husbands death didnt happen in the course of his employment. The state Supreme Court twice revived the case after the Court of Appeals ruled against Cheryl Schultz. Earlier this year, the Supreme Court said that delays in the filing of the workers compensation claim were caused by Kevin Schultzs employer and the justices ordered the appeals court to resolve the question of whether the officers death occurred during his law enforcement duties.
For the original version including any supplementary images or video, visit http://www.washingtonpost.com/business/court-rules-widow-of-off-duty-nm-police-officer-is-entitled-to-workers-compensation-benefits/2013/08/20/0cd115ea-09fc-11e3-89fe-abb4a5067014_story.html

Court rules widow of off-duty NM police officer is entitled to workers' compensation benefits

The goal of this project is to re-create a workers compensation system that will once again serve as a model for the nation, the Workers Compensation Board said. The Workers Compensation Board said large, well-run organizations regularly conduct business process re-engineering to improve service and ensure theyre meeting fundamental goals. The Board said that, to that end, it released a Request for Proposal (RFP) in April 2012 to hire a BPR vendor to assist the Board and other workers comp stakeholders in creating a shared vision for the next century. As a result of the RFP, the Board has retained the business advisory firm Deloitte to assist with the project. The Workers Compensation Board said the Deloitte team will help with the first phase: a comprehensive analysis of the current system and detailed envisioning of an improved future system. The Board said that antiquated business processes, a reliance on paper forms, and outdated technology have led to a system that falls short on basic performance measures and does not provide the service expected by injured workers and employers. This first phase of the project is an opportunity for the Board and stakeholders to step back and examine how the system as a whole currently functions and propose comprehensive process and technology changes to drive vast, measurable improvement in system performance. This fall, the Board and Deloitte will begin dialogues with stakeholder groups to better understand their challenges in the current system as well as listen to their suggestions to make the system better, officials said. The project team will reach out to stakeholders through several means, including facetoface meetings, video conferences, conference calls, broadbased surveys and email.
For the original version including any supplementary images or video, visit http://www.insurancejournal.com/news/east/2013/08/23/302765.htm

Editorial: Workers comp reform still needs some tweaking

The jobless rate in Illinois increased slightly in July, to 9.2 percent. Thats the second worst jobless rate in the nation. Nevada is the state with the dubious distinction of having the highest unemployment rate. So far, the workers compensation reforms have not passed the ultimate test creating more jobs. There are, of course, other factors behind the states high unemployment rate. While surrounding states are cutting taxes, Illinois has increased taxes to the point where tax revenues have doubled in the last five years. Although the tax hikes were labeled as temporary, few business leaders trust the state will actually roll back the taxes. Another contributing factor is the states overall financial problems, fueled by the massive unpaid pension obligation. Illinois also has a well-earned reputation as a difficult state in which to conduct business.
For the original version including any supplementary images or video, visit http://www.pantagraph.com/news/opinion/editorial/editorial-workers-comp-reform-still-needs-some-tweaking/article_06be67e6-0c3d-11e3-b077-0019bb2963f4.html

Report: Tennessee Workers' Compensation Payments Decline

more+ Embed To embed, copy and paste the code into your website or blog: Workers compensation provides important protections for both employers and workers. Even when employees suffer injuries due to their own carelessness, they can still obtain benefits to pay for the costs associated with their injuries. The coverage also protects employers by prohibiting workers from filing lawsuits when unsafe conditions or other circumstances cause accidents. This does not mean claims can never be denied, but all too often unfair denials result in extensive out-of-pocket costs to injured employees. Before accepting a denial as inevitable, it makes sense to seek advice from an experienced workers compensation attorney who can often help protect your rights. In accordance with the State of New Jersey Workersa Compensation Law , there are a number of types of claims that your employer or the insurance company may deny , such as for the following: Injuries sustained outside the workplace, as long as they did not occur during the course of employment Pre-existing medical conditions, provided they were not aggravated by the work effort Injuries resulting from horseplay on the part of the employee filing the claim Accidental injuries sustained while the employee is under the influence of alcohol or drugs Some employers and their insurers may try to keep claims experience low by denying valid claims. When this occurs, injured employees may accept these denials out of concern for their jobs a or because they do not have the resources to launch a battle against powerful corporate concerns. Before accepting a decision that seems inevitable, consider scheduling a free consultation with a New Jersey workers compensation attorney. Your lawyer can explain the whistleblower laws that protect you from losing your job and review the details of your claim.
For the original version including any supplementary images or video, visit http://www.jdsupra.com/legalnews/why-are-workers-compensation-claims-deni-49388/

Why Are Workers Compensation Claims Denied In New Jersey?

128 | NO. 166 | Monday, August 26, 2013 Report: Tennessee Workers Compensation Payments Decline By Jennifer Johnson Backer From (email): Message: Tennessee is one of 22 states where total workers compensation payments to injured workers and costs borne by employers decreased in 2011, according to a new report from the National Academy of Social Insurance. The states employers paid $783.7 million in workers compensation benefits, down 0.1 percent from 2010, the report said. (Shutterstock) Private firms in Tennessee with fewer than five employees are exempt from mandatory coverage. Workers compensation data are used to gauge everything from health care spending to the cost of workplace injuries and are financed exclusively by employers in most states.
For the original version including any supplementary images or video, visit http://www.memphisdailynews.com/news/2013/aug/26/report-tennessee-workers-comp-payments-decline/

National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/25/2013)

National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/25/2013) Related Articles Author: LexisNexis Workers' Comp Law Newsroom Staff National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/25/2013) Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS:
For the original version including any supplementary images or video, visit http://www.lexisnexis.com/COMMUNITY/WORKERSCOMPENSATIONLAW/blogs/newsheadlines/archive/2013/03/24/national-and-state-by-state-workers-comp-news-roundup-powered-by-larson-s-3-25-2013.aspx

Forty-Nine Percent of Workers Do Not Negotiate Job Offers, Finds CareerBuilder Compensation Survey

Nearly half (48 percent) will discuss salary during initial conversations or during the first job interview. How are employers basing pay?About one third of employers keep track of what competitors pay comparable employees via job postings (33 percent) or market average reports (34 percent), but many (35 percent) don't factor in external compensation at all. Haefner notes that this can hurt employers competing for skilled labor. "Forty-nine percent of hiring managers surveyed said job candidates have refused offers due to salary," said Haefner. "It's critical that recruiters and hiring managers are armed with up-to-date compensation data.
For the original version including any supplementary images or video, visit http://www.marketwatch.com/story/forty-nine-percent-of-workers-do-not-negotiate-job-offers-finds-careerbuilder-compensation-survey-2013-08-21

Fired public housing chief seeks workers' comp

29, records show. That's four days after he requested his leave of absence for "personal reasons" and indicated he would not seek to renew his contract, which expired in June. Alvarez filed the claim April 26, about two weeks after he was fired amid mounting concern about his leadership of the public housing agency, which was about to run out of money, was rated one of the two worst in the state, and was the subject of a federal probe into its contracting practices. The Housing Authority was also defending itself against lawsuits from three former employees, including two who said they were discriminated against for taking paternity or disability leave. In one case currently at trial, Beverly Bernell Myres , a workers' compensation analyst with the Housing Authority, said she was fired while out on disability leave with a knee injury. Her lawsuit says Alvarez asked in a meeting, "How can the workers' comp person be out on workers' comp?" He also "made derisive comments" about her disability, the suit says.
For the original version including any supplementary images or video, visit http://www.sfgate.com/bayarea/article/Fired-public-housing-chief-seeks-workers-comp-4740900.php

Court rules widow of off-duty NM police officer is entitled to workers' compensation benefits

Thirteen senators voted no. The workers compensation system is far from fair, said Dominick Marino, president of the Professional Firefighters Association of New Jersey. "A firefighter who is on the job 20 years would have to say where and when he contracted the cancer, and there no way to do that the city, municipality, employers they have all records. It's a long, drawn-out battle." The bill was first introduced in the 2006-07 legislative session. This was the first time it passed both houses, according to the Office of Legislative Services website. The bill is named for the late Thomas P.
For the original version including any supplementary images or video, visit http://www.nj.com/politics/index.ssf/2013/08/senate_fails_to_revive_workers_comp_bill_for_first_responders.html

Padilla named Workers' Compensation Administration judge

Schultz may have hit his head on a rock and the injury could have incapacitated him, according to a medical examiner. In a ruling issued Monday, the Court of Appeals overturned a decision by the workers compensation judge that Cheryl Schultz wasnt entitled to benefits because her husband wasnt performing the duties of his job when he died. The court said benefits will be provided for off-duty law enforcement officers injured or killed in emergency situations reasonably calling for police officer assistance. If it is our expectation as a society that police officers put themselves in harms way, sometimes irrespective of their on-duty status, then it should also be our expectation that such officers be compensated when they are injured in the course of doing so, the court said in an opinion written by Judge Cynthia Fry. George Weeth, a lawyer for Cheryl Schultz, said the decision expanded the states legal framework for providing workers compensation benefits for off-duty police. That is the policy that poor Cheryl has been trying to establish for 10 years now, Weeth said. Its been a long road to get here. He estimated that the widow and her son may be entitled to death benefits of about $300,000, but said the final amount will be determined later by a workers compensation judge. The family is entitled to payments for funeral expenses up to $7,500 and some medical costs. The case has been the subject of several appellate court rulings since the workers compensation judge initially ruled that the widows claim was filed too late and her husbands death didnt happen in the course of his employment. The state Supreme Court twice revived the case after the Court of Appeals ruled against Cheryl Schultz.
For the original version including any supplementary images or video, visit http://www.washingtonpost.com/business/court-rules-widow-of-off-duty-nm-police-officer-is-entitled-to-workers-compensation-benefits/2013/08/20/0cd115ea-09fc-11e3-89fe-abb4a5067014_story.html

Georgia workers' comp payments dip

The first area, which is the area that I am most concerned about, is that by adding 30 million or more insured, as the Affordable Care Act is projected to do, over time, that its going to lengthen the amount of time it takes for an injured worker to see a medical provider. I think this will be especially true in certain geographic areas of the country and with certain medical specialties. Steve Festa, chief claims officer for Reno, Nev.-based EMPLOYERS, has some concerns about the impact of the Affordable Care Act on workers compensation. The other area that I have a concern with respect to the Affordable Care impact on workers compensation is that workers compensation does not have the leverage from a pricing standpoint that health insurance does. Workers compensation makes up only about 2 percent of the medical spend in this country and. As the Affordable Care Act ramps up, what I look to happen is that the medical provider community will look to leverage and recover some of their profit. I think theyll lose through the Affordable Care Act from the workers compensation community, as well as other payers with less leverage and the cost shifting will occur. Even before the Affordable Care Act was put in place, we already see some of that today.
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Senate fails to revive workers' comp bill for first responders

Padilla , has been appointed as a workersa compensation judge for the New Mexico Workersa Compensation Administration. Workersa Compensation judges hear and decide disputes over benefits due to injured workers. Padilla has more than 25 years of legal experience in both private practice and public service that includes 16 years of experience in workersa compensation law, according to Ned S. Fuller , director of the New Mexico Workersa Compensation Administration, who announced the appointment. From 1992 through 1997 he was recognized as a Certified Specialist in Workersa Compensation law by the New Mexico Board of Legal Specialization. Padilla has served for the past nine years as chief administrative law judge for the New Mexico State Personnel Office. He earned his law degree from visit site Southern Methodist University, in Texas in 1988. With the new appointment, there will be five workersa compensation judges in the Dispute Resolution Bureau based out of Albuquerque, who hear workersa compensation cases throughout New Mexico. By law, workersa compensation judges are appointed for an initial one-year term, which may be followed by subsequent five-year appointments.
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Executive Frets ACA Impact on California Workers' Comp

Goshien in November, 2012 for the intentional violation of the Illinois workers compensation statute. Prior to 2005, the failure to obtain workers compensation insurance was a misdemeanor in Illinois. In 2005, the failure to be insured for workers compensation was changed from a misdemeanor to a Class 4 felony, which carries penalties of 1 to 3 years in the penitentiary and/or fines of up to $25,000. It remained a Class 4 felony when Illinois passed the revised Workers Compensation Act of 2011. Failure To Obtain Workers Comp is Class 4 Felony That Will Cost Jail Time Following several continuances, Mr. Goshien on July 25, 2013 entered a guilty plea to the Class 4 felony charge. He will return to court in October, 2013 for sentencing, pursuant to the pleas agreement and agreement to pay a fine of $25,000. IWCC Chairman Michael P. Latz released a statement of Employers who refuse to obtain workers compensation insurance put their employees at risk, gain an unfair advantage over law-abiding competitors and ultimately shift the cost of their business to the Illinois taxpayers. Mr. Goshiens efforts to avoid purchasing workers compensation insurance will most likely end up with him going to jail. While employers may resent the state mandating their purchase of workers compensation insurance, it is the law in every state (with specific exceptions), and there is no reason for an employer to go to jail over not having workers compensation insurance. While you cannot avoid the requirements to have workers compensation insurance, you can reduce the cost of workers compensation. For more information on how your company can lower the cost of workers compensation (without going to jail), please contact us. Author Michael B.
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Go to Jail, Do Not Pass Go (Go = Work Comp Insurance)

The Peach State paid $1.39 billion in workersa comp benefits, down 4.3 percent from 2010, the report said. It should be noted private firms in Georgia with fewer than three employees are exempt from mandatory coverage. Nationally, workersa comp payments rose in 2011 as the U.S. economy continued to recover, NASI said. Total benefits were up 3.5 percent to $60.2 billion. The benefits include a 4.5 percent rise in medical care spending ($29.9 billion) and a 2.6 percent rise in wage replacement benefits ($30.3 billion). Total costs to employers jumped 7.1 percent to $77.1 billion. aWorkersa compensation often grows with the growth in employment and earnings,a said Marjorie Baldwin , chair of NASIas Workersa Compensation Data Panel and economics professor at Arizona State University . aWhen benefits and costs are measured relative to total covered wages, then benefits remained unchanged, and costs to employers rose very modestly (to $1.27 per $100 of wages) after declining in the previous five years.a
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National and State-by-State Workers' Comp News Roundup Powered by Larson's (5/13/2013)

LexisNexis® Legal Newsroom Federal: Retaliatory Discharge Action Not Dependent Upon CBA The 7th Circuit Court of Appeals recently held that a former employee's state court, state-law, retaliatory discharge claim under the Illinois Workers' Compensation Act (IWCA), was not a "disguised action under the Labor Management Relations Act, 29 U.S.C.S. § 185, so as to allow removal. The court acknowledged http://www.socallawsupport.com/ that the U.S. Supreme Court had held that § 301 of the LMRA preempts all state-law claims that...
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Does Workers' Comp Pay Permanent Disability?

Chronic back pain is one of the most common job-related disabilities. Jupiterimages/Photos.com/Getty Images Who Pays Payroll Tax? When you're a business owner, its never good news to hear one of your employees suffered a permanent injury on the job -- but its not a rare occurrence. For instance, a 2009 study revealed 19.3 percent of workers in Arizona were unemployed due to disability. If an employee of yours suffers a permanent disability while on the clock, he may sue you for loss compensation and medical coverage. You can prevent this by purchasing workers compensation insurance. Information Workers compensation insurance is state-regulated, and the laws governing this coverage vary by jurisdiction.
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Workers' compensation reform saved Illinois employers $315 million

Pat Quinn signed into law in 2011, his aides said Monday. The National Council on Compensation Insurance, a rating agency, issued a rate that reflects a 4.5 percent drop in the statewide average. The council issues rates for various categories of employees, such as truck drivers. Insurance companies that use the rate then multiply it by the number of employees in a company to determine a premium for covering workers' compensation claims. Quinn's office says over the last three years, the rate has dropped 13.3 percent and resulted in $315 million savings on workers' compensation premiums for Illinois businesses. "Illinois had one of the most burdensome workers' compensation systems in the country," the Democratic governor said in a prepared statement. "We turned that statistic around and (are) saving hundreds of millions of dollars for our businesses and keeping the system honest to our workers." Quinn said the latest reduction could save another $110 million. A spokesman for the National Council on Compensation Insurance did not return a call seeking comment. Lawmakers sent Quinn a package of reforms in 2011 that cut medical fees, capped the number of weeks of payment for carpal tunnel syndrome, made it harder for intoxicated workers to win claims and allowed employers to organize medical networks for handling cases.
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Key Workers Compensation Attorney Risk Launches Website for Agents, Insurance Clients and Self-Insured Employers

R. Berkley Corporation family of companies. ABOUT KEY RISK: Key Risk provides risk management, claims, and managed care services to workers compensation policies written on behalf of member companies of W. R. Berkley Corporation, rated A+ (Superior) Financial Strength Category XV by A.M. Best Company, Inc.
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Ill. workers' comp insurance rate down 4.5 percent

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Workers' compensation benefits rise in R.I., fall in Mass.

Louis Business Journal Time: 5:30 pm - 8:30 pm Place: Renaissance Grand Hotel Send this story to a friend Email address of friend (insert comma between multiple addresses): Your email address: Aug 20, 2013, 6:23am CDT Updated: Aug 20, 2013, 8:06am CDT Illinois workers' compensation rate down 4.5 percent Illinois Gov. Pat Quinn Staff St. Louis Business Journal The average workers' compensation rate dropped 4.5 percent in Illinois, according to figures released Monday by the National Council on Compensation Insurance. The downward trend has saved Illinois employers $315 million in insurance premium costs since 2011, KSDK reports. James Stephens , deputy director of the Department of Insurance, said the drop reflects an overall 13.3 percent decrease in the rate in the last three years, the TV station reports. Illinois Gov. Pat Quinn 's office said the decrease was due to a money-saving workers' compensation reform package he signed into law in 2011. Read More at
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Illinois workers' compensation rate down 4.5 percent

We turned that statistic around and delivered real reform that is saving hundreds of millions of dollars for our businesses and keeping the system honest to our workers. This rate review will ensure the state has a responsible advisory rate that supports business growth and protects workers. Officials estimate the latest proposed reduction in workers compensation advisory and loss cost rates could result in overall reduction in premiums of up to $110 million. This estimate is based on the credit rating organization A.M. Bests calculations as they reviewed 2011 premiums. Individual rates for businesses may vary based on claims experience, payroll, and other factors. With the implementation of the proposed rate reduction, the advisory rate level will have dropped 13.3 percent below the advisory rate level prior to the 2011 Workers Compensation Reform Legislation.
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Housing chief allegedly blasts workers’ comp, then files for it

States, ex-players trying to level playing field on workers comp

Her lawsuit says Alvarez asked in a meeting, How can the workers comp person be out on workers comp? He also made derisive comments about her disability, the suit says. We find it the height of hypocrisy that after an extensive record of saying that anyone who takes workers comp is a malingerer and a fraud, Mr. Alvarez then files for it, said Heidi Machen, Myres attorney. Alvarezs workers compensation claim contends he suffered injuries in five areas, including his back and neck, which his attorney, Byron Smith, said were all stress-related. Its all secondary to stress, said Smith, who defended Alvarezs decision to set up Next Door Restaurant in Berkeley with his wife while on leave.
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Fla. workers' compensation rate could go up again

The leading cause of fatalities involves entering the bin, becoming engulfed in the grain and suffocating. There are other hazards as well, including exposure to hazardous atmospheres, falls and getting caught in moving equipment. To reduce risks, workers should not enter a grain bin unless absolutely necessary. In the event that a worker must enter a bin, these simple measures can save lives: Turn-off, disconnect or block off all mechanical, electric and hydraulic equipment particularly grain moving equipment. Grain should not be moved while a worker is inside the bin as a suction can be created that can engulf the worker in seconds.
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Ohio Workers' Comp Bureau Warns of Grain Bin Dangers

-- For the fourth straight year, employers across the state could have to pay more for their workers' compensation insurance. Insurers are seeking a 1 percent increase in the insurance that employers purchase to cover on-the-job injuries. The main cause for the increase is that medical costs are outpacing declines in other expenses. If state regulators approve the rate hike, it would go into effect Jan. 1. Insurance Commissioner Kevin McCarty's office stressed that even if the hike is granted, workers' compensation rates will still have dropped by nearly 56 percent from where they were a decade ago. In 2003, the Legislature passed a law aimed at reducing rates through provisions that include a limit on fees paid to lawyers for injured workers.
For the original version including any supplementary images or video, visit http://www.miamiherald.com/2013/08/16/3566828/fla-workers-compensation-rate.html

It's so swollen it's hard to tell where the top of the knee begins and the bottom of his thigh ends, so disfigured that there appears to be three large broccoli heads beneath the skin. Williams, the NFL's Man of the Year in 1986 and Sports Illustrated's co-Sportsman of the Year in 1987, normally keeps the knee covered, but on this sunny April afternoon he repeatedly raises his pant leg and exposes it to cringing legislators. His hope is that the reality of his situation will persuade them to vote no on AB 1309, a bill that would prevent major- and minor-league athletes in all sports from filing workers compensation claims in California if they played or ended their careers with clubs outside the state. The fight over workers comp reform for pro athletes isn't new. It has taken place in Florida, Arizona and Louisiana, to name a few states. The battle in California is significant, however, because it's often regarded as the state of last resort, meaning out-of-state players who weren't informed of their workers comp rights by their teams -- or who had physical or cognitive issues surface after the statute of limitation lapsed in their home states -- could have their cases heard in California, one of only nine states that recognizes what's known as "cumulative trauma," wear-and-tear injuries or conditions sustained from their jobs.
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National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/4/2013)

National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/4/2013) Related Articles Author: LexisNexis Workers' Comp Law Newsroom Staff National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/4/2013) Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be Workers Compensation Lawyer sure to select the enewsletter of your choice. NATIONAL NEWS:
For the original version including any supplementary images or video, visit http://www.lexisnexis.com/COMMUNITY/WORKERSCOMPENSATIONLAW/blogs/newsheadlines/archive/2013/03/04/national-and-state-by-state-workers-comp-news-roundup-powered-by-larson-s-3-4-2013.aspx

Fla. workers' compensation rate could go up again

What Is Workers' Comp Indemnity?

-- For the fourth straight year, employers across the state could have to pay more for their workers' compensation insurance. Insurers are seeking a 1 percent increase in the insurance that employers purchase to cover on-the-job injuries. The main cause for the increase is that medical costs are outpacing declines in other expenses. If state regulators approve the rate hike, it would go into effect Jan. 1. Insurance Commissioner Kevin McCarty's office stressed that even if the hike is granted, workers' compensation rates will still have dropped by nearly 56 percent from where they were a decade ago. In 2003, the Legislature passed a law aimed at reducing rates through provisions that include a limit on fees paid to lawyers for injured workers.
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State touts continued workers' compensation improvement

He receives medical treatment and wage support when he cannot return to work. Medical-Only Claims An employee injured on the job receives medical treatment for the injury. A medical-only claim applies when the employee immediately returns to work after the injury. An employee must be off for eight consecutive days before he can receive wage support, so even if he misses a few days from work, his claim is considered medical-only. Wage Support Each state sets the limits on the amount of money you can receive for a work-related lost-time injury.
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OH BWC Investigations Result In Six Workers' Comp Fraud Convictions In July

And hopefully it is a sign that things will improve, she said. Ferriter said a big issue remains Montanas relatively high rate of workplace injuries. She said the state still injures workers at much higher rates than elsewhere. And the injuries arent restricted to jobs most people consider high risk, like construction or mining. In the past year, health care and social assistance workers had the highest rate of workers compensation injuries. The other most injury-prone fields were public administration, retail, education, food services, followed by construction and manufacturing.
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Finance Fri, Aug 16, 2013, 11:33 PM EDT - U.S. Markets closed CompSource Oklahoma Selects Guidewire Solution for Underwriting, Policy Administration, Rating, Billing and Claims Management Guidewire InsuranceSuite to help Oklahoma workers compensation insurer enhance operational efficiencies and increase service levels Press Release: Guidewire Software, Inc. 14 hours ago +0.3700 OKLAHOMA CITY & FOSTER CITY, Calif.--(BUSINESS WIRE)-- CompSource Oklahoma, the leading provider of workers' compensation insurance in Oklahoma, and Guidewire Software, Inc. ( GWRE ), a provider of software products to Property/Casualty insurers, today announced that CompSource has selected Guidewire InsuranceSuite including Guidewire Client Data Management as its new platform for underwriting and policy administration, rating, billing, claims, and customer contact management. PwC US, a Guidewire PartnerConnect alliance member, will also work with CompSource on the implementation. CompSource is investing in its technology infrastructure and has selected Guidewire InsuranceSuite to help increase its operational efficiencies and maintain a high level of service, to both policyholders and agents. CompSource is committed to being a valuable resource to the Oklahoma business community and providing policyholders, agents and injured workers with exceptional customer service, said Jason Clark, president and chief executive officer, CompSource. In order to successfully execute our vision going forward, we needed to increase our operating efficiency and technological capabilities through a system conversion. We ultimately selected Guidewire as our business partner because we were impressed with the depth and breadth of InsuranceSuites features and functionality as well as with the knowledge and dedication of the Guidewire team. InsuranceSuite will enable CompSource to: Increase customer service levels by offering options that best suit customer communications preferences; Enhance operational efficiency across the organization by standardizing policy administration, billing management and claims handling processes on a common platform; and More easily address the organizations specific requirements leveraging the solutions configurable features and functionality.
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CompSource Oklahoma Selects Guidewire Solution for Underwriting, Policy Administration, Rating, Billing and Claims Management

These three arbitrators will join the 27 who are currently serving. In 2011, Quinn championed and signed into law historic workers compensation reform legislation to overhaul the system in Illinois. These individuals have years of professional experience that will benefit the Illinois workers compensation program, Quinn said. I am pleased to appoint these arbitrators and a commissioner who will work for the people of Illinois to resolve workers compensation cases in a manner which treats injured workers with respect and ensures that employers in Illinois receive a fair and efficient resolution to claims. The reforms signed into law by Quinn in 2011 called on the governor to appoint new arbitrators to the Commission, considering the recommendations made by the Workers Compensation Advisory Board, which is a body composed of six members representing the employer community and six members representing employees and working people in Illinois. Arbitrators at the Commission are responsible for ruling on claims filed by employees who suffer an injury at work.
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Governor Strengthens Workers' Compensation Program

The court actions are the result of investigations conducted by BWCs special investigations department (SID). The department works to deter, detect, investigate and prosecute workers compensation fraud. Our pursuit of fraud reflects our commitment to ensuring employer premium dollars are being protected, and we are providing care to injured workers so they can return to work, said Buehrer. We will continue to highlight our fraud efforts at every opportunity to promote awareness and deterrence. Following is a sampling of the cases that resulted in a guilty plea or conviction during July. Sarah Barajas, dba, Bane Specialty Services (Dayton, Montgomery County) entered a diversion program after investigators confirmed she falsified her application for workers compensation insurance coverage. SIDs Employer Fraud Team received an anonymous allegation that Bane Specialty Services/David Bane, a temporary employment agency, had been under-reporting payroll premiums. The investigation found Bane Specialty Services canceled its policy effective January 2011, indicating the business had ceased operation. On the same date, David Bane filed his final payroll report indicating he owed BWC premiums of $116,677.12.
For the original version including any supplementary images or video, visit http://www.workerscompensation.com/compnewsnetwork/mobile/news/17291-oh-bwc-investigations-result-in-six-workers-comp-fraud-convictions-in-july.html

National and State-by-State Workers' Comp News Roundup Powered by Larson's (6/3/2013)

LexisNexis® Legal Newsroom Workers' Comp Fraud Blotter (8/15/2013) – Awesome! Awesome Cleaning Products Company Underreported Payroll By $8 Million Workers' Comp Fraud Blotter – August 15, 2013 Awesome Fraud – Owner of Awesome Cleaning Products Company Underreported Payroll By $8 Million (CA) – Loksarang Dinkar Hardas has pled guilty to multiple counts of workers' compensation misrepresentation and fraud and has been sentenced to 10 years of formal probation, a $250,000 fine, and restitution of $898,000. Hardas owns Awesome Products Inc., a manufacturing...
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National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/18/2013)

National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/18/2013) Related Articles Author: LexisNexis Workers' Comp Law Newsroom Staff National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/18/2013) Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS:
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Governor Strengthens Workers' Compensation Program

WCRI Welcomes Former CEO of Arkansas Workers' Compensation Commission

These three arbitrators will join the 27 who are currently serving. In 2011, Quinn championed and signed into law historic workers compensation reform legislation to overhaul the system in Illinois. These individuals have years of professional experience that will benefit the Illinois workers compensation program, Quinn said. I am pleased to appoint these arbitrators and a commissioner who will work for the people of Illinois to resolve workers compensation cases in a manner which treats injured workers with respect and ensures that employers in Illinois receive a fair and efficient resolution to claims. The reforms signed into law by Quinn in 2011 called on the governor to appoint new arbitrators to the Commission, considering the recommendations made by the Workers Compensation Advisory Board, which is a body composed of six members representing the employer community and six members representing employees and working people in Illinois. Arbitrators at the Commission are responsible for ruling on claims filed by employees who suffer an injury at work. The law requires that all newly-appointed arbitrators must be attorneys and that both arbitrators and Commissioners are subject to the ethical rules and requirements followed by Illinois judges. Arbitrators and Commissioners must also take at least 20 hours of training every two years while in office regarding professional and ethical standards, detection of fraud, evidence-based medical treatment, and Coal Workers Pneumoconiosis.
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Used smartphones find new life in second-hand market Old smartphones are changing hands more and more liked used cars. Each round of new devices the latest expected in September with the debut of the next Galaxy Note and iPhone leaves upgraders with a still useful old phone that has resale value. Grade school veterans offer expert advice for first-graders For countless kindergartners theres nothing as scary as going to the big time the first grade for the first time. So, as another school year nears, we asked some grizzled grade school veterans if they had any advice for newbies. Truckhenge near Topeka is a monument to its creators defiant lifestyle Often at odds with local governments, Ron and Linda Lessman overcame conflict to create Truckhenge, a folk-art installation that has become an accidental tourist attraction on a fourth-generation family farm tucked in a sharp bend of the Kaw on the outskirts of Topeka.
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What obesity means for workers' comp claims

Thomas wrote the opinion for the five-Justice majority in Gruszeczka v. The Illinois Workers' Compensation Commission , with Justice Charles E. Freeman dissenting for himself and Justice Anne M. Burke.AOur detailed preview of the facts and lower court opinions in Gruszeczka is here .AOur report on the oral argument is here .AWatch the video of the oral argument here . The claimant in Gruszeczka filed a claim for benefits in connection with an injury he allegedly suffered on the job in 2004.AThe arbitrator denied the claim, and the Commission unanimously affirmed. In Illinois, judicial review of a decision of the Workers' Compensation Commission is initiated by filing a request for the issuance of summons and an attorney's affidavit of payment of the probable cost of the record with the Circuit Court clerk.AThe governing provision of the Act provides that a proceeding for judicial review must be "commenced" within 20 days of receipt of notice of the decision.A 820 ILCS 305/19(f)(1) .ACounsel for the worker allegedly mailed the request and counsel affidavit fourteen days after receiving notice.ABut for whatever reason, it wasn't received in the court clerk's office until twenty-four days after notice.ASo -- which act "commenced" the proceeding -- mailing or receipt?AA divided six-Justice panel of the Workers' Compensation Commission Division of the Appellate Court found that the Circuit Court had no jurisdiction over the administrative appeal, holding that since the issue was governed by a statute rather than a court rule, the courts had no authority to extend the mailbox rule to "commencing" judicial review. The Supreme Court reversed.AThe court began by acknowledging that the usual presumption of jurisdiction in the Circuit Courts isn't available in workers' comp -- there, the steps set forth in the statutory had to be strictly adhered to in order to vest the Circuit Court with jurisdiction over the appeal.AHowever, unlike the Appellate Court, the Supreme Court majority found the word "commence" in the statute ambiguous.AThe next step after the plain language, of course, is the legislative history.AThere was nothing in the legislative history suggesting an intent to apply the mailbox rule; but then again, there was nothing suggesting an intent to disallow it either. So the Court turned to the earliest decisions applying the mailbox rule and contrasted them with cases refusing to apply the rule.AThe court concluded that the cases were explained by a simple distinction: when an act began an entirely new proceeding, the mailbox rule never applied.AWhen it merely continued a proceeding, the mailbox rule did apply.AThat rule resolved the problem at hand: judicial review of a workers' compensation decision was clearly the continuation of an ongoing proceeding, not the beginning of a new one.ASo - particularly given that there was no issue of lack of notice of the claim, given that it had already passed through the arbitrator and the Commission -- there was no reason the mailbox rule couldn't apply, just as it did at the first step (appeal of the arbitrator's decision to the Commission) and third step (appeal from the Circuit Court to the Appellate Court) of the process.AThe fact that a statute governed the issue made no difference; the majority observed that courts had made no distinction between statutes and rules in determining when the rule did and didn't apply.AThe majority conceded that the legislature had not expressly imposed the mailbox rule in Section 19(f)(1), but observed that the legislature hadn't disallowed its application either.
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Quinn makes workers compensation appointments

aHe will be a wonderful addition to our staff and help us continue to grow the Instituteas revenues and impact in an increasing number of states.a McClain comes to WCRI from his last position as the Chief Executive Officer of the Arkansas Workersa Compensation Commission where he oversaw the operations of the agencyas 12 divisions. He is also a past president of the International Association of Industrial Accident Boards & Commissions (IAIABC). aItas an honor to be joining WCRI,a said Alan. aAs someone who has been working with workersa compensation for over 25 years, I am well aware of WCRIas work and its reputation. I have used their research often and look forward to sharing this research with public officials and stakeholders across the country.a ABOUT WCRI: The Workers Compensation Research Institute (WCRI) is an independent, not-for-profit research organization based in Cambridge, MA. Founded in 1983, WCRI is recognized as a leader in providing high-quality, credible, and objective information about public policy issues involving workers' compensation systems. WCRI's diverse membership includes employers; insurers; governmental entities; managed care companies; health care providers; insurance regulators; state labor organizations; and state administrative agencies in the U.S., Canada, Australia, and New Zealand.
For the original version including any supplementary images or video, visit http://www.streetinsider.com/Press+Releases/WCRI+Welcomes+Former+CEO+of+Arkansas+Workers%E2%80%99+Compensation+Commission/8591006.html

Illinois Supreme Court Extends Mailbox Rule to Judicial Review of Workers' Comp Commission

In 2011, Governor Quinn championed and signed into law historic workers' compensation reform legislation to overhaul the system in Illinois. Today's announcement continues the Governor's commitment to making Illinois government more efficient, accountable and effective. These individuals have years of professional experience that will benefit the Illinois workers compensation program, Governor Quinn said. I am pleased to appoint these arbitrators and a commissioner who will work for the people of Illinois to resolve workers compensation cases in a manner which treats injured workers with respect and ensures that employers in Illinois receive a fair and efficient resolution to claims. The reforms signed into law by Governor Quinn in 2011 called on the Governor to appoint new arbitrators to the Commission, considering the recommendations made by the Workers Compensation Advisory Board, which is a body composed of six members representing the employer community and six members representing employees and working people in Illinois. Arbitrators at the Commission are responsible for ruling on claims filed by employees who suffer an injury at work. The law requires that all newly-appointed arbitrators must be attorneys and that both arbitrators and Commissioners are subject to the ethical rules and requirements followed by Illinois judges.
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IL Gov Appoints Three New Workers' Compensation Arbitrators and One New Commissioner

The average lost time work comp claim in the U.S. without the use of opioids cost $13,000. When an employee is prescribed a short-acting opioid like Percocet, the average lost time claim cost triples to $39,000. When an employee is prescribed a long-acting opioid like oxycontin, the average lost time claim costs explodes to $117,000, an increase of 900% over the average lost time work comp claim without the use of any opioids. Highly Addictive Drug Use & Overdose Deaths Have Seen Sharp Increase Opioids are highly addictive. This usually results in a change of motivation within the injured employee. The employees focus of recovery from the injury is replaced with a focus on obtaining more of the opioid. The long term use of opioids results in a sub-conscious (or sometimes even a conscious) desire not to recover from the injury and stay off work to use the opioid. Opioid addiction is treated withadditional drugs, buprenorphine and naltrexone. The cost of getting addicted employees off of opioids adds to the overall cost of the workers compensation claim. The use of buprenorphine and naltrexone has risen from near zero prescriptions in 2002 to nearly 8 million prescriptions in 2012.
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Workers Compensation Claim Costs Skyrocket With Use of Opioids

Email | Twitter | LinkedIn | Google+ Californiaas system for injured workers could wind up paying out a heck of a lot more now that the American Medical Association has reclassified obesity as a treatable disease. The reclassification could have far-reaching implications for the workersa compensation system, according to a report released this week. aThe operational and economic consequences could be significant for medical providers and health care delivery systems that must now reconcile implementation of the new disease category, an evolving standard of care for obese patients, managed care issues concerning medical efficacy and cost/benefit considerations, as well as coordination of care challenges between workersa compensation, group health and federal programs and requirements. ...a the California Workersa Compensation Institute wrote in a summary of its report. In the workersa comp system, obesity typically has been a condition that was independent of a work injury or illness, the organization said. Sometimes obesity does wind up adding to workersa comp costs in a roundabout way, such as if an obese injured worker has to lose weight before having surgery on a hurt back or knee, according to the institute. In a 2011 survey of 20,000 Californians who had filed workersa comp claims, 28 percent called themselves obese, but obesity factored into less than 1 percent of the claims. aWith obesity reclassified as a medical disease, physicians may now feel greater responsibility to advise obese patients about how their weight may affect their recovery, and to provide treatment, especially since health care payers will face greater pressure to cover such care,a the institute said. Page 1
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National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/25/2013)

National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/25/2013) Related Articles Author: LexisNexis Workers' Comp Law Newsroom Staff National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/25/2013) Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS:
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Hearing set on workers’ compensation law

Athletes cash in on California's workers' comp

The board's regular meeting begins at 1 p.m. Monday at the County Office Building, with a public hearing on the law change at 1:30 p.m. at the County Office Building. The state sets a tax-levy cap for each municipality to meet for their annual budgets based on information submitted by the municipalities. This is the third year the state has imposed its 2 percent tax-levy cap on municipalities, although the final figure often varies higher or lower. Fulton County will submit information on chargebacks and other data to influences the state Comptroller's Office's final cap decision. "We don't even have it all together yet," county Budget Director Alice Kuntzsch said Friday. But Kuntzsch said the hearing will be on how Fulton County is considering changing its 1956 Workers Compensation Self-Insurance Plan law, the net effect could lower the state tax-levy cap calculations for the county's cities and towns.
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New York followed closely behind, with one in seven. The lowest rate of long-term narcotics users was less than one in 20, in states including Wisconsin, Arizona and Iowa. The study does not indicate that workers themselves are abusing the workers compensation system, only that doctors may not be following proper protocols in how they treat and manage chronic pain with these types of injuries. The American College of Occupational and Environmental Medicine states that the use of narcotics to treat pain has become an "epidemic" in the U.S. and that there are preferred, alternative treatments doctors should use before turning to more aggressive methods. Colorado's system In the 1990s, programs specializing in pain treatment proliferated, as did the use of opioids as a primary choice for pain relief. In Colorado, state guidelines mandate that doctors treating patients covered by workers' compensation insurance should use NSAIDs, nonsteroidal anti-inflammatory drugs like aspirin and ibuprofen, for pain relief before turning to narcotics. When doctors do prescribe narcotics, they should only provide a three- to 10-day supply to their patients.
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Pain relief is a workers' compensation issue

Pro Football Hall of Fame wide receiver Michael Irvin, formerly with the Dallas Cowboys, received $249,000. The benefits usually are calculated as lump-sum payments but sometimes are accompanied by open-ended agreements to provide lifetime medical services. Players, their lawyers and their unions plan to mount a political offensive to protect these payouts. Although the monster salaries of players such as Los Angeles Lakers guard Kobe Bryant and Denver Broncos quarterback Peyton Manning make headlines, few players bring in that kind of money. Most have very short careers. And some, particularly football players, end up with costly, debilitating injuries that haunt them for a lifetime but aren't sufficiently covered by league disability benefits. Retired pros increasingly are turning to California, not only because of its cumulative benefits but also because there's a longer window to file a claim. The statute of limitations in some states expires in as little as a year or two.
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WCRI to Present at the 68th Annual Workers' Compensation Educational Conference

The topic of the official website session is Are There Unnecessary Costs in the Workers Compensation System? It is an honor to be joining so many distinguished individuals at such an important forum, said Dr. Richard Victor. I will be sharing three of the Institutes studies. The first study examines physician dispensing of opioids in Florida, while the others compare medical prices paid by payors under workers compensation and group health. This information will be of great value to those looking for ways to reduce unnecessary medical costs in their state workers compensation systems. The following are the three studies that Dr. Victor will be sharing at the conference: Impact of Banning Physician Dispensing of Opioids in Florida : In July 2011, a Florida law took effect which banned physicians from dispensing stronger opioids. This study looks at the impact and indicates that the policy change did reduce the use of opioids being prescribed by physicians. The study also looks at whether physician-dispensers continued to prescribe stronger opioids or did they substitute other pain medications for their patients. A New Benchmark for Workers' Compensation Fee Schedules: Prices Paid by Commercial Insurers?
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Fitch Affirms California Workers Comp. Relief Bonds at 'AA'

The special assessment is established annually at a level projected to provide 1.1x coverage, and supplemental assessments may be levied as necessary. CONSTITUTIONALLY REQUIRED COVERAGE: Workers compensation coverage is constitutionally mandated in California. The state has a demonstrated record of instituting reforms to sustain the workers compensation insurance market. MARKET STRONGER SINCE BOND ISSUANCE: The risk that problems at the State Compensation Insurance Fund (SCIF), the largest workers compensation insurance provider, could destabilize the market has diminished, because past reforms have attracted additional private insurers. The market is subject to some cost pressures, including from rising health care expenses. NO NEW DEBT EXPECTED: Although additional authorization for borrowing exists, no new bonds are expected.
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