Magnifying Glass
Back to Archives

Robinson Reviews U.S. Supreme Court Case Roberts v. Sea-Land Services and other Work Comp Happenings

19 Mar, 2012 WorkersCompensation.com

                               
 
LexisNexis Communities Offers This Week WC In Review
The Workers Compensation Law Community Powered by Larsons on LexisNexis offers three great pieces this week:
 
 
Jon Robinson asks if the Longshore Act was newly awarded, newly entitled or newly paid. In an insightful entry found here. Robinson details aspects of the Supreme Court of the United States Roberts v. Sea-Land Services, Inc., case addressing Section 906 of the Longshore and Harbor Worker's Compensation Act.[WCx]
 
 
Mark Popolizio, writes an entry titled Court Dismisses Suit Seeking to Hold Carrier Liable for Reimbursing Medicare Payments, which is found here. His summary states, “In this case, Medicare paid for two lumbar surgeries during a period in which the carrier had denied medical benefits. The parties subsequently entered into an Agreed Judgment in state court through which it was established that the condition requiring back surgery was, in fact, related to the claimant's work accident. While the carrier accepted compensability of the claimant's injury, this agreement did not liquidate damages or require that the carrier make any specific payments.”
 
 
The community also reviews recent cases including one in which an injured HVAC worker established “odd lot” status. The blog observes, “Under the ‘odd lot' doctrine … a claimant who is not actually permanently totally disabled is nevertheless eligible for permanent total disability benefits if his or her disability, combined with other factors, such as lack of education or transferable skills, lack of broad-based employment experience, age, etc., make the worker de facto unemployable.” This article, found here also includes:
 
1.Unless Specifically Stipulated, Causation is Always An Issue
2. Irrigation "Mechanic" is Nevertheless a "Farm Laborer" For Purposes of Agricultural Exclusion From Workers' Compensation
3. "Member" of Limited Liability Company Is Not Immune Under Exclusive Remedy Provisions of Workers' Comp Act
 
 
In Touch Awards Gala Thursday, March 29
The In Touch Gala of workers compensation professionals in Florida will be 7 p.m. March 29 in the Floridian Ballroom in Pembroke Pines, Fla. Gina Jacobs will present awards year, and Florida Senator and Chairman of the Healthcare Regulations Committee Rene Garcia will be guest speaker, representing Hurley, Rogner, Miller,Cox, Waranch & Westcott, P.A. Admission is free for claims adjusters, and other insurance professionals. Email your response to Melissa@myomservices.com. Attorneys and other vendors may contact Melissa Lopez at (866) 640-4060. More information on the In Touch with Today`s work Comp Professionals Online Community can be found here.
 
 
WCRI to Participate in Rx Drug Abuse Summit
Dr. Richard Victor, executive director of WCRI (Workers Compensation Research Institute) has been asked to join policymakers and stakeholders at the National Rx Drug Abuse Summit April 10-12. The event, hosted by Operation UNITE, includes the U.S. Surgeon General, the director of the White House Office of National Drug Control Policy, and others.[WCx]
 
 
For more information, read the complete release here where Victor notes, “The research WCRI has done on prescription medications in the treatment of injured workers shows us that many physicians are not following recommended guidelines to monitor use, abuse, and diversion. The result is wide variation in the length of narcotics use by injured workers across different states. For example, in Louisiana one out of six injured workers who were given narcotics initially still received three or more narcotics prescriptions six months after the injury. In the typical state, the figure was one out of 20.” For more information about the Summit, visit here.
 
Prescription Drug Summitt: These issues are also being addressed by a group of senior industry executives and thought leaders on March 22 at Broadspire in Sunrise, FL. For information, click here.

 

 

 

Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: RShafer@ReduceYourWorkersComp.com.

 


WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com

VIEW SAMPLES PAGES

MODIFIED DUTY CALCULATOR:  www.LowerWC.com/transitional-duty-cost-calculator.php

 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

    • Read Also

    Spencer Webinar Series: Serving the Injured Worker as a Team

    Spencer Webinar | Serving the Injured Worker as a Team (youtube.com)
    Autonomous Vehicles When? Thoughts and Commentary

    One of the biggest challenges that our society will experience in the next generation will be to transition from human driven cars to autonomous vehicles (AV). One only has to listen to the Beach Boys […]
    Employees Killed in Work Accidents Across Multiple States 

    Montgomery, MN (WorkersCompensation.com) – A food worker died in a warehouse accident last week, one of several industrial accident that took the lives of workers over the past few weeks.   The worker, an employee at […]

    About The Author

    • WorkersCompensation.com

    More by This Author

    Webinar: Building a Resilient Workforce

    Strategies for Workers’ Comp and Employee Well-being When: Aug. 7, 2 p.m. to 2:45 p.m. EDT Who: Dr. Claire Muselman from WorkersCompensation.com and Ian Colton from MedCall What: Join our webinar Building a Resilient Workforce, to […]
    IOH Announces Appointment of Scott Strickland as Chief Operating Officer (COO) 

    SAN DIEGO, CA — July 1, 2024 — Institutes of Health (“IOH”), a leading transdisciplinary Workers’ Compensation treatment organization focused on patients suffering from complex and chronic conditions, is delighted to announce the appointment of […]
    PhysNet Achieves Fifth Consecutive Year of SOC 2 Type II Certification

    Jacksonville, FL, June 3, 2024 – PhysNet proudly announces its attainment of SOC 2 Type II compliance for the fifth consecutive year, reinforcing its commitment to providing enterprise-level security for customer data within its cloud-based […]

    Read More

    Spencer Webinar Series: Serving the Injured Worker as a Team

    Spencer Webinar | Serving the Injured Worker as a Team (youtube.com)
    Autonomous Vehicles When? Thoughts and Commentary

    One of the biggest challenges that our society will experience in the next generation will be to transition from human driven cars to autonomous vehicles (AV). One only has to listen to the Beach Boys […]
    Employees Killed in Work Accidents Across Multiple States 

    Montgomery, MN (WorkersCompensation.com) – A food worker died in a warehouse accident last week, one of several industrial accident that took the lives of workers over the past few weeks.   The worker, an employee at […]
    Study Suggests Digital Tools Improve Pain Related Disability In Total Knee Replacement Patients

    Sarasota, FL (WorkersCompensation.com) – With an increase in life expectancy, as well a surge in the age of workers over the age of 65, the numbers of patients with Osteoarthritis (OA) is rising as well.  […]
    How Wearable Tech and Virtual Care are Transforming Claims, from Engagement to Outcomes 

    Sarasota, FL (WorkersCompensation.com) — Last week’s National Workers’ Compensation and Disability Conference in Las Vegas set the stage for an impactful dialogue about the transformational potential of wearable technology and virtual care in the workers’ […]
    What Do You Think: Was Firing Nurse who Lost Fight with Door WC Retaliation? 

    Belleville, NJ (Workerscompensation.com). An employer’s action during the period after which an employee reports an injury and the date she is fired can go a long way to either showing retaliation or negating it.   A […]

    Request a Demo

    To request a free demo of one of our products, please fill in this form. Our sales team will get back to you shortly.