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National and State-by-State Workers' Comp News Roundup Powered by Larson's (7/16/2012)

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: NCCI: Claim Frequency Declined One Percent in 2011 . Forbes: Steve Schmutz Interview of Impact of Obamacare...

Blueprint for HIPAA and ADA Compliant Wellness Programs: Encouraging Good Health Reduces Workers’ Compensation Expenses

By John Stahl, Esq. The article “Guidance for a Reasonably Designed, Employer-Sponsored Wellness Program Using Outcomes-Based Incentives” in the Journal of Occupational and Environmental Medicine demonstrates how employer-sponsored outcomes-based wellness programs (wellness programs) reduce...

Workers’ Comp, Texas Style: A Highly Regulated System in a Pro-Business State

By Stuart D. Colburn and Albert Betts, Jr. Cotton, cattle and oil were the primary economic engines when Texas first adopted workers’ compensation. In the 100+ years since, the economy and workers’ compensation laws have changed dramatically. The shift from an agricultural to a manufacturing...

Why Every Employer Needs a Post-Injury Response Procedure: How to Keep the Ship on Course

At the 21st Annual National Workers’ Compensation and Disability Conference®, Rebecca Shafer, JD, president of Amaxx Risk Solutions, Inc., will speak on Legal Triage: Team-Based Early Case Management to Fast-Track Claims. An employer’s actions in the minutes following a workplace...

Larson’s Spotlight on Recent Cases: Spouse’s Loss of Consortium Action Against Employer Barred by Exclusive Remedy Rule

Larson's Spotlight on Exclusive Remedy, Settlement Agreement, Tort Immunity for Co-employee, Narcotics and Return to Work. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

Last Chance to Save! LexisNexis Community Members Discount at 21st Annual National Workers’ Compensation & Disability Conference

Just a few weeks left to get the special LexisNexis Community member discount on the National Workers' Compensation & Disability Conference ® , November 7 - 9 at the Las Vegas Convention Center. Because of our partnership with the conference, LexisNexis Community members save $320.00 off...

How to Achieve a Desirable Experience Modification Factor Under NCCI’s New System

By John Stahl, Esq. A recent Risk & Insurance webinar entitled “Big Changes Coming in Workers’ Compensation Premiums” stresses that actively reducing your “Experience Modification Factor” (“mod”) today should reap disproportionately high reductions in workers’...

VERMONT TOP CASES, powered by McCormick, Fitzpatrick, Kasper & Buchard, PC (updated 4/1/2015)

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Mercier of Williamstown, VT, has joined the staff at the Department as a Workers’ Compensation Specialist II. Ms. Mercier has an Associates of Science as a...

IAIABC Policy Guide on Reducing Opioid Abuse Offers Blueprint for Effective Reform

The bad news is that opioid abuse related to treating chronic pain remains a serious problem for every workers’ compensation system participant. The good news is that many workers’ compensation jurisdictions are increasing their efforts to reduce this situation that officials at the federal...

Work Hardening Bridges Gap Between Unable & Able To Work

Injured employees who are off work for a significant amount of time are often out of physical shape and are not physically ready to return to work when they have reached their maximum medical improvement. Work hardening, which is performed by physical therapists, is designed to assist the injured employee...

Quality "Continuum of Care" for Worst Case Lumbar Patients

Study shows return to work, work retention rates dramatically improve Measured by such yardsticks as return-to-work, work retention and reoperation rates, the success of lumbar surgeries in the Workers’ Compensation (“WC”) system could be fairly characterized as mixed. This, combined...

Illinois: Grandmother’s Light Duties Around Family Flower Shop Did Not Mean She Had Ability to Return to Work

Claimant's presence at a flower shop she co-owned with her daughters did not constitute a "return to work" or absolve her employer of its liability to pay TTD benefits for relevant periods of time held an Illinois appellate court. Evidence that claimant, a licensed practical nurse at the...

Injuries From Trench Collapse Caused by Employer's Serious and Willful Misconduct: Cal. Comp. Cases February Advanced Postings (2/12/2015)

Here’s the third batch of advanced postings for February 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. CPF Masonry, State Compensation Insurance...

Connecticut: Employer Need Not Pay for Palliative Medical Care

A Connecticut court affirmed the finding of the commissioner that various medications prescribed by the plaintiff’s treating physician for a head injury that occurred some 18 years earlier were palliative rather than curative, and thus were not reasonable and necessary medical treatment after the...

Michigan: No Retaliatory Discharge Where Injured Employee Left Work Without Appropriate Excuse

In an unpublished decision, a Michigan appellate court affirmed a trial court’s grant of summary judgment favoring an employer in an injured worker’s retaliatory discharge action, finding that plaintiff could not make the requisite showing of a causal connection between the protected activity—seeking...

The Evolution of Reform: WCRI Panel Examines Resilience and Renovation in Workers’ Compensation

Closing session at WCRI’s annual conference examines workers’ comp systems in Texas, Pennsylvania, Oregon and Florida By Ryan Benharris, Esq. Focusing on Resilience or Renovation, the 2015 Workers Compensation Research Institute Annual Convention (WCRI) closed its seminar on March 6...

Workers’ Compensation, Return to Work, and the Americans with Disabilities Act

Best practices for complying with the spirit and law of the Americans with Disabilities Act as amended in 2009 Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Employers dealing with injured workers are often preoccupied in the early stages of the...

7 Things Employers Should Do to Avoid a ProPublica Report

I am reading the ProPublica Report with great interest because there are so many things I agree with. After reading all the press brouhaha over this report however, I still regard the high cost of workers compensation (for those companies which do have high costs) mostly as a management problem. The...