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Workers' Compensation Emerging Issues Analysis, 2016 Edition

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ISBN: 9781522122258
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“A read through this book constitutes total immersion in the area. It includes not only a briefing on legal issues arising throughout the country, but reviews the risk management, safety, and medical issues that are so important to the workers’ compensation field…[A]ttorneys who focus on litigation would profit deeply by studying the new LexisNexis book. This is not simply because of the general enrichment that follows, but because the reader will become more sophisticated with regard to the workers’ compensation system as a whole. The Lexis-Nexis Emerging Issues Analysis: if you’re trying to climb the ladder of success, this is the type of book that will get you there. ”
-Hon. David B. Torrey, Workers’ Compensation Judge, Pennsylvania

“The Workers' Compensation Emerging Issues Analysis is one of the most comprehensive collections of articles impacting the industry that I have read. These articles, coupled with the state-by-state legislative analysis and case review, make this book a must read for anyone seeking to gain a deep understanding of the issues impacting the workers' compensation industry.”
-Mark Walls, Vice President Communications & Strategic Analysis, Safety National

“This is an excellent reference guide. I like how it is broken down by State and subject respectively. ”
-Anthony Pisciotta, Area Vice President-Claims, Arthur J. Gallagher & Co.

"Monitoring the constant wave of legislative activity across this nation is one thing. Making it clear and understandable is quite another. Lexis has done an excellent job of both with the 'Workers' Compensation Emerging Issues Analysis'. Their choice of local experts is superb, and they provide both clear recap and commentary, giving clarity to what was, legislatively, a very tumultuous year."
-Robert H. Wilson, President & CEO, WorkersCompensation.com, LLC

"Anyone who wants to keep up with the pulse of the workers' comp industry would be wise to get their hands on a copy of this fabulous resource!"
-Rebecca A. Shafer, JD, President, Amaxx Risk Solutions

"Larson's Emerging Issues is a MUST for all workers' compensation professionals, be they policy makers, adjudicators, claims specialists or attorneys. Not only is the state-specific analysis engrossing, but it also provides insight and potential solutions for a highly complex system as it continues to evolve to meet present-day challenges."
-Susan V. Hamilton, Former Deputy Commissioner, Workers' Compensation Appeals Board, San Francisco, CA

A Unique Compendium of Issues, Trends & Cases

50 State Survey At a Glance

Detailed, In-Depth Analysis and Insight

Keep track of how the workers' compensation landscape is changing:

Workers' Compensation Emerging Issues Analysis, part of the Larson Series, is an essential tool for the insurance industry, corporate risk managers, policy makers, and lawyers to understand what changes are being contemplated on the national level as well as in every state. Everything you need to know about workers' compensation in 2016 is contained in this compendium of legal issues and cases.

Legal analysis by Thomas A. Robinson, co-author for Larson's Workers' Compensation Law, and others highlight the discussions within the industry and important cases.

Who should use this resource:

•  Producers and Executives at brokers, TPAs or service providers preparing for client stewardship meetings
•  Claim Supervisors handling or overseeing multiple states
•  Corporate Risk Managers needing critical information to help develop a forward-looking risk management plan
•  Lawyers advancing the rule of law in the workers' compensation setting
•  Legislatures and policymakers seeking to improve their state's workers' compensation system


Authors / Contributors

Table of Contents

PART I. EXPERT ANALYSIS AND COMMENTARY


National and State Trends


The Year of Equal Justice and Due Process, by Thomas A. Robinson, J.D.

The Grand Bargain on Life Support: What Is the Future of Workers' Compensation, by Richard B. Rubenstein, Esq.

Florida: An Overview of Recent Decisions on Constitutionality of Workers' Compensation Act, by Robert J. Grace, Jr., Esq., and Lyle Platt, Esq.

8 Myths and Facts About Workers' Compensation (August 2016)

The Top 10 Bizarre Workers' Compensation Cases for 2015, by Thomas A. Robinson, J.D.

Does Long-Term Strength of the SSDI Trust Fund Depend Upon Changes to State Workers' Comp Programs? by Thomas A. Robinson, J.D.

The Sharing Economy's Impact on Workers' Compensation and the Future of the Workplace, by Ryan Benharris, Esq.

Federalization of Workers' Comp: Politics, Opt-Outs and Survival of the State-Based Status Quo, by Karen C. Yotis, Esq.

Workers' Compensation Opt-Out Laws: No Escape From ERISA Preemption? by Michael C. Duff

Workers' Comp Agency Declares Oklahoma Opt-Out Statute Unconstitutional, by Michael C. Duff

Opt Outs Panels at WCRI Conference Sidestep Unresolved Issues of How States Can Relinquish Control of Workers' Compensation, by Jennifer C. Jordan, Esq.

Opt Outs to Workers' Compensation: The Real Disconnect in What Is Being Said and What Is Being Implemented, by Jennifer C. Jordan, Esq.

Opt-Out Lessons From Lone Star State, by Thomas A. Robinson, J.D.

Why California Workers' Comp Is So Hard to Manage: A Snapshot of the 52nd Annual CWCI Conference, by Julius Young, Esq.

The Battle Over Reliable Expert Testimony: Florida Courts May Stop Using Daubert, But Not in Workers' Compensation, by Jennifer C. Jordan, Esq.

Massachusetts: A New Mediation Track to Combat Opioid Use by Injured Workers, by Deborah G. Kohl, Esq.

New Mexico High Court Strikes Down Farm and Ranch Laborer Exclusion, by Thomas A. Robinson, J.D.

Study Reports High Levels of Satisfaction With Healthcare Provided to Pennsylvania Injured Workers, by Thomas A. Robinson, J.D.

Vermont Workers' Compensation and Independent Contractors, by Keith Kasper, Esq.

IAIABC Taking Part in Shaping the Future of Workers' Compensation, by Jennifer C. Jordan, Esq.


Prescription Drugs and Medicine


510 Pills Per Month With Little Improvement: Tennessee High Court Allows Change of Physician, by Thomas A. Robinson, J.D.

Opioid Abuse Reduction Efforts in Workers' Compensation Claims Examined, by Roger Rabb, J.D.

New Study Documents Significant Increases in Fatal Benzodiazepine Overdoses, by Thomas A. Robinson, J.D.

Physicians and Drug Companies Strike Back at Attempts to Curb Drug Costs, by Roger Rabb, J.D.
Up In Smoke: Medical Marijuana - The Latest Research and How Will It Impact Injured Workers? by Robert G. Rassp, Esq.

Medical Marijuana Use as An Alternative to Opioid Use for Relief of Chronic Pain, by Roger Rabb, J.D.

JOEM Study Supports Contention That EBM Guidelines Result in Better Outcomes for Injured Workers and Reduced Costs for Employers, by Thomas A. Robinson, J.D.

Study of Texas Closed Formulary Offers Hope That Prescription Costs Can Be Controlled, by Thomas A. Robinson, J.D.

Does the Affordable Care Act Push Medical Expenses Toward Workers' Comp Insurers? by Thomas A. Robinson, J.D.

Latest Developments in State Handling of AMA Guidelines, by Thomas A. Robinson, J.D.


Safety and Wellness


Occupational Fatalities Involving Engines & Robots, by Karen C. Yotis, Esq. and Robin E. Kobayashi, J.D.

Work-Injury Impact on Wealth of U.S. Workers, by Roger Rabb, J.D.

Impact of Age and Tenure on Length of Disability Among Injured Workers, by Roger Rabb, J.D.

Age and Length of Disability for Eight Chronic Conditions, by Roger Rabb, J.D.

Will Increasing Wages Improve Worker Health? by Roger Rabb, J.D.

Tax-Funded Healthcare Expenditures in the U.S. Examined, by Roger Rabb, J.D.

Examining the Causes and Effects of Obesity, by Roger Rabb, J.D.

Silicosis: An Ancient Disease Plagues Construction, Fracking and Engineered Countertop Workers, by Robin E. Kobayashi, J.D.

New Study on Low Back Pain Examines Costs and Benefits of State Workers' Compensation Policy Variations, by Thomas A. Robinson, J.D.

An Alarming Mortality and Morbidity Trend Among Middle-Aged White Non-Hispanic Americans Suggests Implications for Ability to Work, by Thomas A. Robinson, J.D.

Tragedy in Paris Reminds Us That Workplace Violence Is a Serious Risk, by Jennifer C. Jordan, Esq.


Medicare Secondary Payer


Fifteen Years Since the Patel Memo and Medicare Secondary Payer Issues Continue to Mystify, by Jennifer C. Jordan, Esq.


PART II. KEY STATE TRENDS & CASE SURVEY