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 | Larson's Emerging Issues & Trends 7/1/2009 1:47:58 PM EST SSA's Proposal to Replace the Outdated Dictionary of Occupational Titles
The Social Security Administration (SSA) has announced that they're developing a new Occupational Information System (OIS) to replace the information currently obtained from the Dictionary of Occupational Titles (DOT), including the Selected Characteristics of Occupations (SCO) and Revised Handbook for Analyzing Jobs (RHAJ).
There's widespread agreement among the legal community and the SSA that the Dictionary of Occupational Titles is outdated, with inaccurate job descriptions, By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Case Law Developments 5/23/2009 11:51:06 AM EST Calif. WCAB Panel Decision: Morgan v. Redwood Credit Union (Post-Almaraz With Dissent)
In Morgan v. Redwood Credit Union, a majority of a WCAB panel has granted Applicant's petition for reconsideration and returned the matter to the trial level for further development of the medical record in accordance with the WCAB's recent en banc decision in Almaraz/Guzman. The majority found that Applicant raised the issue of permanent disability in the pre-trial conference statement and by arguments at trial concerning the correct permanent disability rating schedul By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Trends & Developments 5/8/2009 7:16:55 PM EST Does a Case End When the Injured Worker Passes Away?
I recently received an inquiry from one of our community members. She said that her husband had a long running comp case, having been injured at work. He recently passed away. She was told that the case is now closed and she can't do anything about it. She had taken care of her husband for 14 years because he was disabled and unable to work due to the work-related injury. Is his case over and done with?
I talked to an applicant's attorney here in By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Trends & Developments 10/2/2008 8:41:25 PM EST California: EAMS Is Here – Are You Prepared?
LexisNexis, publisher of California Compensation Cases, the most cited authority with both the Workers' Compensation Appeals Board and the courts, presents LexisNexis Total Practice AdvantageTM for California Workers' Compensation. This new EAMS-compliant solution is organizedBy Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Larson's Emerging Issues & Trends 6/22/2008 2:01:54 PM EST Global Warming and Heat Related Injuries on the Job
As I sit here writing this blog in triple-digit heat, with my A/C going full blast, drinking out of my fifth plastic bottle of water for the day, and contributing to my growing carbon footprint, which is probably the size of the state of California by now, much to my dismay, I'm reminded of CalOSHA's heat warnings to employers to take special precautions for workers who must work in the heat.
By Robin E. Kobayashi
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 | Medical Treatment/MTUS/ACOEM 6/16/2008 9:58:16 PM EST MPNs Are Subject to PQME Procedure: Garrido v. San Francisco Marriott (CA WCAB panel decision)
In Garrido v. San Francisco Marriott, a California WCAB panel denied defendant's request for removal from the WCJ's Order allowing applicant with 3/16/2007 injuries to left shoulder, neck, back and left leg to undergo a panel qualified medical evaluation with a chiropractor outside of the defendant's medical provider network (MPN) after applicant objected to the findings of the treating physician within the MPN, and held that applicant was not required to exhaust all remedies se By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Case Law Developments 6/16/2008 9:38:11 PM EST MPNs Are Subject to PQME Procedure: Garrido v. San Francisco Marriott (CA WCAB panel decision)
In Garrido v. San Francisco Marriott, a California WCAB panel denied defendant's request for removal from the WCJ's Order allowing applicant with 3/16/2007 injuries to left shoulder, neck, back and left leg to undergo a panel qualified medical evaluation with a chiropractor outside of the defendant's medical provider network (MPN) after applicant objected to the findings of the treating physician within the MPN, and held that applicant was not required to exhaust all remedies se By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Longshore Act & Defense Base Act 6/10/2008 12:50:01 AM EST Civilian Contractors in Iraq
More than 180,000 civilian contractors work on or near the battlefields in Iraq supporting our Armed Forces. In addition to physical injuries, they may suffer combat-related mental disorders from having worked side-by-side with soldiers, thereby exposing them to the same dangers.
Sharp increase in DBA cases
According to the U.S. Department of Labor, from 2001 to March 31, 2008, nearly 1,300 deaths and over 9,600 time loss injuries from Iraq and Afghanistan ha By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Larson's Legislative Developments 3/10/2008 7:06:45 PM EST Governor Spitzer Fallout: Workers' Comp Reforms in the Balance?
Earlier today The New York Times broke the story on its webpage that Governor Eliot Spitzer has been linked with a prostitution ring. Spitzer, known as a crusader against corruption, signed into law major workers' comp reforms in 2007.
If Spitzer resigns, Lieutenant Governor David A. Paterson will become Governor. Paterson is said to be a leading contender to fill Hillary Rodham Clinton's Senate seat if she becomes President.
It remains to be seen what will happen to By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | AMA Guides 2/28/2008 5:25:42 PM EST Controversial Issues Under the AMA Guides
I'm attending the California Division of Workers’ Compensation Educational Conference at the Sheraton Gateway Hotel in Los Angeles this week.
Robert G. Rassp, Esq. and Judge Colleen Casey are speaking here at the conference today, Feb. 28, and tomorrow, Feb. 29, about controversial issues under the AMA Guides.
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 | Physicians, Liens, Fees 2/22/2008 5:45:00 PM EST A Tempest Is Brewing: Silent PPOs and California Workers' Compensation
David Bryan Leonard, a workers' compensation attorney who represents medical providers, tells us a tempest is brewing in the California workers' compensation system regarding Silent PPOs. These Silent PPOs have "generated legislation, litigation, and a fair amount of resentment among medical providers, resentment that appears set to translate itself into physicians and hospitals leaving the workers' compensation system."
Mr. Leonard has written a LexisNexis expert commentar By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | EAMS 1/17/2008 11:03:53 PM EST California EAMS: External Software Developers Meeting
The California Division of Workers' Compensation has announced that a meeting will be held on March 5, 2008 for external software developers to discuss EAMS with DWC staff. Topics include what software developers can expect when EAMS goes live and how paperless practitioners can interact with the new system. By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Terrorism Backstops (TRIREA) 12/27/2007 10:36:36 AM EST President Signs Seven-Year TRIA Extension
President Bush signed H.R. 2761 into law yesterday, extending TRIA by seven years. The Terrorism Risk Insurance Reauthorization and Extension Act (TRIREA) expires on December 31, 2014. The House-Senate compromise covers domestic acts of terror and provides that the government will pay $100 billion of the aggregate losses for a conventional attack once insurers have paid out a 20 percent deductible.
TRIREA also mandates a year-long study of the need to cover nuclear, biologi By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Terrorism Backstops (TRIREA) 12/13/2007 12:07:50 PM EST House's Second TRIA Bill: Dead on Arrival?
In a game of legislative chicken, the House passed a compromise bill yesterday to extend TRIA by seven years and to remove language regarding coverage of nuclear, biological, chemical and radiological attacks. But the compromise bill still retains key differences from the Senate bill in terms of the amount of the trigger for the program, group life insurance coverage, and a reset provision.
The Senate has refused to negotiate with the House to change the Senate v By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | EAMS 12/7/2007 10:41:54 AM EST California EAMS: Integration Is Key for Software Vendors, Attorneys
The CA Division of Workers' Compensation has unveiled its new EAMS website. The site contains FAQs about many aspects of the system, but no information yet on how software vendors can integrate their systems with EAMS. It is clear that attorneys and others need a case management system, for example, that can integrate with EAMS applications.
Discussions are underway at the Division of Workers' Compensation about the integration of EAMS with other software programs. By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Physicians & Medical Treatment 12/2/2007 10:19:12 PM EST Regulating Silent PPO's: Tennessee Physicians Fight Back
In legislation backed by the Tennessee Medical Association (TMA), the Tennessee legislature has enacted new laws to regulate silent PPO's effective January 1, 2008. The silent PPO problem is more prevalent in workers' compensation than in any other area, thereby threatening physician participation in the workers' compensation system, according to the TMA.
A silent PPO is created when insurance companies sell or lease their physician networks, along with the network's discounted By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Terrorism Backstops (TRIREA) 11/25/2007 7:54:43 PM EST Terrorism and Workers' Compensation: Insights on Protecting Employees
Business Insurance recently hosted a free webinar on protecting people in the age of terrorism. The panel of experts discussed business continuity and recovery plans, communication and chain of command, disaster drills and evacuation plans, partnering with local public agencies, and assessing risks and hazards pertinent to one's business, among other things. Interestingly, approximately 75% of the attendees at the webinar indicated that their companies had business continuity pl By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Terrorism Backstops (TRIREA) 11/14/2007 11:57:04 PM EST TRIA Extension Battle: Will House Seek a Do-Over?
The Congressional Quarterly Today reported this week that the Senate is nearing a resolution on "pay-as-you-go" budget issues that have hindered attempts in both chambers to extend TRIA. Essentially the Senate is proposing to accelerate the annual repayment plan whereby the insurance industry would repay the federal government for coverage, up to a certain level.
Assuming that the Senate's plan wins broad support, the Senate bill could be on the floor by By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Case Law Developments 11/13/2007 10:41:46 PM EST California WCAB Panel Decides Labor Code § 4664 "Straddle" Case: Brault v. State of California
In what appears to be the first Calif. Labor Code § 4664 "straddle" case, an Appeals Board panel held in Brault v. State of California that permanent disability awarded to an applicant under the 2005 Permanent Disability Rating Schedule for a 12/29/98 injury could not be apportioned based upon a prior permanent disability award made to the applicant for a 1/6/95 injury under the 1997 Schedule for Rating Permanent Disabilities because the rating methods in the two diffe By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | EAMS 11/11/2007 2:32:42 PM EST California EAMS: Appeals Board Announces Proposed Regulations for Public Comment
Last Friday the California Workers' Compensation Appeals Board (WCAB) posted their proposed regulations regarding EAMS for public comment. EAMS is the electronic adjudication management system that will "go live" in the summer or fall of 2008 and that will revolutionize the manner in which the WCAB and Division of Workers' Compensation do business in the state.
Some initial observations are:
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 | EAMS 11/9/2007 1:37:37 AM EST California EAMS: Court Administrator Unveils Proposed Regulations for Public Comment
Yesterday the California Division of Workers' Compensation (DWC) announced proposed court administrator regulations for the Electronic Adjudication Management System (EAMS) to explain the new procedures for filing documents, serving documents, electronically signing documents, submitting evidence, and viewing EAMS case files. According to the DWC, "EAMS is a computer based system that will simplify and improve the DWC’s case management process to more efficiently resolve claim By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Terrorism Backstops (TRIREA) 11/8/2007 1:06:54 AM EST Lloyd's 360 Live Debate New York: Sharing Lessons on Terrorism
On November 2, 2007, Lloyd's 360 Live Debate in New York welcomed leaders and decision makers from the business, insurance, government and academic communities to debate the threat of terrorism and political violence to global business. Lloyd's, which insures 93% of the Dow Jones and 92% of FTSE100 companies, launched the 360 Risk Project series six months ago to better prepare businesses for changing terrorism and political violence risks, including home-grown terrorism, and to do more to ta By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Terrorism Backstops (TRIREA) 10/31/2007 1:32:06 AM EST Senate's TRIA Extension: Buildings First, People Second
Unlike the House, the Senate has refused to include any provision for group life insurance in its TRIA extension bill. The Senate compromise covers only property and casualty. The life insurance industry, led by the American Council of Life Insurers, has intensified its lobbying efforts to get group life added to the bill. They argue that a federal backstop program is needed because the life insurance market can't adjust to cover terrorism events.
Senator Chuck Hagel, R-Neb., was the By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Physicians & Medical Treatment 10/25/2007 5:06:11 PM EST The Silent PPO Problem for Workers' Compensation Medical Providers
For many years now, medical providers who enter into contracts with preferred provider organizations (PPOs) have had their bills for medical services reduced in accordance with the terms of the contract. The PPO creates a network of providers who have agreed to these discounts. A silent PPO is created when the PPO sells its reduced provider rates to insurers, third party administrators (TPAs), and employers.
In California, for example, Blue Cross has entered into contracts with hospi By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Larson's Emerging Issues & Trends 10/24/2007 1:27:51 PM EST Nanotechnology and Workers' Compensation
They say nanotechnology is "poised to be the globe's next big economic driver", the "industrial revolution of the 21st century", "the plastics of the 21st century". But what are the health risks (i.e., cancer) for millions of workers exposed to nanotech processes and materials? When it comes to industrial hazards in the workplace, is nanotechnology the new asbestos?
Nanotechnology, which has been in development for 20 years, has seen rapid growth in recen By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | AMA Guides & Permanent Impairment 10/22/2007 1:51:17 AM EST UPDATE: South Carolina Workers' Compensation Reform: Governator-Style
Last year I blogged about Governor Sanford's executive orders mandating the use of the AMA Guides in the state's workers' compensation system.
On July 17, 2008, the political standoff between the Governor and the state Workers' Compensation Commission appears to have been resolved. A Joint Motion between the Governor and the Commission was filed with the South Carolina Supreme Court seeking approval of an agreement that voids the four executive orders issued by Sanford and that confir By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Terrorism Backstops (TRIREA) 10/18/2007 3:46:54 PM EST President and Senate Panel Compromise to Extend TRIA for Seven Years
The Bush Administration and a Senate Panel have agreed to extend TRIA for seven years. A key element of the compromise was the removal of the requirement contained in the House version for covering nuclear, biological, chemical, and radiological (NBCR) attacks.
The Senate version calls for studies on NBCR coverage and on a "reset" mechanism for deductibles in areas of "unique capacity constraints".
Both the Senate and House versions provide that the federa By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Physicians & Medical Treatment 10/6/2007 1:49:06 PM EST Workers' Compensation Crisis: The Physicians Have Left the Building
Physicians in several states are not taking any new workers' comp cases. Their complaints are many: low pay being the #1 reason, as well as high overhead and costs of treating injured workers, delays in dealing with Utilization Review companies, time and effort to fill out reports, regulatory burdens, etc.
Dr. Steven E. Levine, a Clinical Professor of Neurology at the David Geffen School of Medicine, UCLA, reports that state medical fee schedules based on a low-multiple of the Medicar By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | EAMS 10/1/2007 1:14:05 PM EST California Division of Workers' Compensation EAMS: Talking 'Bout a Revolution
Going Paperless. The California Division of Workers' Compensation (DWC) plans to go paperless in July 2008. Various units (DEU, SIF, ADJ (where cases are litigated), VOC, RSU, UEF) within the DWC will be integrated in one system called EAMS (electronic adjudication management system). It will constitute a major change in the way the DWC does business.
A Revolutionary Change for All. It will also revolutionize the practice of workers' By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Terrorism Backstops (TRIREA) 9/26/2007 1:24:07 AM EST TRIA Extension Battle Heats Up
Despite the threat of a White House veto, the House last week overwhelmingly approved the Terrorism Risk Insurance Revision and Extension Act of 2007, which would extend coverage under TRIA for 15 years and expand its coverage to include domestic acts of terrorism among other things.
One of the most controversial aspects of the House bill is coverage for nuclear, biological, chemical, and radiological events (NBCR). Some insurance groups say they don't know how to insure for NBCR ris By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Longshore Act & Defense Base Act 9/16/2007 5:42:04 PM EST Workers' Compensation Exposures Overseas and Military Outsourcing
While the issue of reducing U.S. troop levels in Iraq has become a political football, the fact remains that we're going to see a continued U.S. presence in Iraq for several years to come. This U.S. presence includes many civilian employees who assist directly or indirectly with the war effort and the rebuilding of Iraq.
The New York Times reported back in May 2007 that approximately 126,000 individuals work for 300 private companies that supply workers to serve alongside 15 By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Larson's Emerging Issues & Trends 9/12/2007 2:18:40 AM EST Terrorism and Workers' Compensation, Six Years Later
Yesterday memorial services were held throughout the country for the victims of 9/11. In New York City, firefighters and police officers read the names of the victims at a solemn ceremony. But many of those World Trade Center rescue workers are ill with respiratory disease and cancer, which they say is a result of breathing in toxic dust from the fallen towers.
The New York legislature and Governor Spitzer have given World Trade Center responders until August 2008 to file the paperwor By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | AMA Guides & Permanent Impairment 9/5/2007 9:53:45 AM EST The New Edition of the AMA Guides: Six Times a Charm?
According to a recent poll of businesses on compliance issues, workers' compensation ranks as one of the most complicated set of laws, right up there with the tax code. In California this problem wasn't made any easier when the state legislature adopted the American Medical Association's Guides to the Evaluation of Permanent Impairment, Fifth Edition, to determine the extent to which an injured worker is permanently disabled. There's a steep learning curve for physicians, attorneys, By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Larson's Legislative Developments 8/30/2007 11:46:22 PM EST Subsequent Injury Funds: The Closing of the Georgia Fund . . . Not!
On July 1, 2006, the Georgia legislature closed its Subsequent Injury Trust Fund to new claims. The reality is that payments on accepted claims will continue to be paid by the Fund indefinitely. More importantly, all claims filed with the Fund since July 1, 1977 to present that have not been accepted by the Fund, must be perfected for acceptance or they'll be automatically denied by the Fund on July 1, 2009. Doug McCoy of McCoy Consulting offers some strong advice for insurance carriers and T By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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 | Return to Work & Employment Issues 8/30/2007 11:39:31 PM EST Workers' Comp Reform: It's Hard Out Here for Employers
Legislative and regulatory reforms in big states like California and Florida have dramatically decreased losses for insurers and cut premiums for employers, while loss control, safety initiatives, and return to work measures have cut down the frequency of claims. But experts keep warning us about soaring medical costs and wildcards like terrorist attacks and other catastrophes that threaten the profitability of the workers' comp line.
So employers are getting serious, real s By Robin E. Kobayashi Create an account or login to post comments. Continue reading >> |
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