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

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 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:






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.


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