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Workers' Compensation Daily News for Jul 30, 2010
CSIMS Physicians Angry Over DWC Proposed Changes to OMFS
Thu, 29 Jul 2010 03:41:27 - Pacific Time
The California Society of Industrial Medicine and Surgery (CSIMS), an organization with over a 30 year history in California Workers' Compensation, has a membership of over 600 physicians who perform services to injured workers. CSIMS, using their two lobbyists who have a combined 56 years workers’ compensation experience was instrumental in turning around what was going to be a 40% reduction into a 25% increase in the Medical-Legal Fee Schedule (MLFS). More recently, CSIMS led the initiative that caused the Department of Insurance to exclude cost containment fees from the definition of medical costs, greatly reducing the would-be effect of medical care on insurance premiums. CSIMS has now voiced alarm to their members over the proposed changes to the OMFS. They announce on the home page of their website that "The DWC has revealed the third proposal for a new Official Medical Fee Schedule (OMFS) based on the Medicare relative value system (RBRVS). This proposal is no better than the one in March and will devastate your occupational medical practice!... This is one of the most important proposals the Division has made in this century! Be informed and urge others to join CSIMS in fighting the negative outcome of this proposal!" Further information provided to their members on their website embellishes this alert. with the following claims. "With virtually no input from the industry and with little recognition given to historic data provided to the Division of Workers' Compensation by CSIMS, the DWC has proposed to convert the Official Medical Fee Schedule (OMFS) from its current relative value system and ground rules to one based on the Resource Based Relative Value System (RBRVS) used by Medicare. California's workers' compensation system is about to take another bite out of your livelihood! The Division of Workers' Compensation's proposal, published a couple of weeks ago threatens the viability of your practice with adoption of a Medicare-based fee schedule. This proposal guarantees that California's workers' compensation medical reimbursement will be nearly the lowest in the nation - and this after you and your peers have waited patiently for an upward adjustment since 1996! The impact of California's proposal has been deliberately misportrayed in Division announcements (see accompanying DWCNewsline). "Market basket" averages and manipulated calculations lead one to believe this proposal is "fair and balanced" and will not affect access to quality health care. However, similar proposals in 19 other states were immediate disasters for injured workers as access to necessary medical services dropped. These results have been published and presented to the Division of Workers' Compensation, but to no avail. For the next four years (until 2013 and perhaps beyond) no new revenue will be available for medical treatment costs in California. For most physicians, the first year conversion factor will be just under 105% of 2010 California Medicare. No adjustment will be provided for future cost inflation - ever. Not having far to go, California's reimbursement schedule will drop even lower, from 46th to virtually the worst in the nation. By 2013, no provider will receive more than 116% of 2010 California Medicare rates - unadjusted for inflation and certainly not taking into account political decisions during that span of time. A modest inflation rate of 3.5% will take the 2013 reimbursement back down to the first year level of just under 105% or lower! You may not be able to practice occupational medicine any longer California's injured workers will not get the highest quality medicine. They will get the cheapest - when they can get it at all. These facts are just the tip of the iceberg. There is much more that you must know to fully evaluate the impact of this proposal." It seems likely that these concerns and claims will be presented by CSIMS lobbyists to the DWC before the OMFS changes become final. In the next few months the community will see if the CSIMS concerns have any effect on what the DWC intends to do with the fee schedule. Read More...
Animal Studies Show Ability to Grow Their Own Joint Replacements
Thu, 29 Jul 2010 03:41:21 - Pacific Time
Stem cell research advances rapidly and studies may indicate what future injured workers may expect for common injuries. Rabbits implanted with artificial bones re-grew their own joints, complete with cartilage, researchers reported on Thursday. Only a single compound called a growth factor was needed to induce the rabbits' bodies to remodel the joint tissue, said the team at Columbia University in New York, Clemson University in South Carolina and the University of Missouri. Such a joint should last longer and work more naturally than a metal joint, the researchers said. Companies involved in making replacement joints and regenerative medicine are expressing interest, said Columbia's Jeremy Mao, who led the study. "All the tissue was formed by stem cells from the host," Mao said in a telephone interview. Writing in the Lancet medical journal, the researchers said they set out to make an artificial joint using a biomaterial made out of polycaprolactone and hydroxyapatite. "It is U.S. Food and Drug Administration approved to use the materials for bone regeneration," Mao said. They replicated a rabbit's leg joint using a laser to calibrate the structure. They infused this porous bone scaffold with a growth factor -- a compound that stimulates cells to grow. In this case it was transforming growth factor beta-3. Ten rabbits fitted with the enriched new joint were hopping around within three to four weeks. Only a few of the 10 rabbits fitted with an unenriched scaffold could move normally, and three rabbits whose joint was surgically damaged and not repaired limped permanently."It was a surprise finding," Mao said. They expected it would take more work to get the body to coat the artificial bone with fresh cartilage. The technique could benefit patients with advanced arthritis. "At this the whole joint really has undergone substantial breakdown," Mao said. Metal joints only last 10-15 years but this type should last longer, he said. "It's your own joint. It is the joint you made the second time around," he said. The Arthritis Foundation says 27 million people in the United States alone have osteoarthritis. "As we age, if we live long enough, pretty much half of us will get arthritis," Mao said. Columbia has a patent on the technology and is speaking to companies about commercial development and human trials, Mao said. "We'd like to speak with FDA," he added. Many groups are working in the new field of regenerative medicine, which seeks to harness the power of master cells called stem cells to re-grow diseased and damaged tissue. Some are coating bone scaffolds with stem cells and implanting them but this new method induces the body to do the job itself, saving a great deal of trouble, Mao said. Dr. Patrick Warnke of Bond University in Australia said not all patients may have this regenerative capacity -- especially the elderly. "For most patients, a standard metal joint replacement is likely to offer a faster and less demanding option than the bioscaffold, with fewer risks associated with immobility," Warnke wrote in a commentary. Mao's team "have offered a promising insight into what might be on the horizon", Warnke added. Read More...
State Compensation Insurance Fund Board Names Tom Rowe President and CEO
Wed, 28 Jul 2010 04:10:04 - Pacific Time
The Board of Directors of California's State Compensation Insurance Fund (State Fund) today announced it has named Thomas E. Rowe as President and CEO. Rowe replaces Jan Frank, who left State Fund in October 2009. Doug Stewart, State Fund's Chief Risk Officer, served as interim president during the transition period. Rowe joins State Fund from T. Rowe Strategies, a consulting firm serving the commercial property and casualty industry. His experience includes almost 25 years with Fireman's Fund Insurance Company, where he was the President of the Commercial Insurance Division, as well as senior roles at Arthur J. Gallagher and Co. and Trilogy Insurance Services. "With executive experience at a national property and casualty carrier, a technology firm that provides insurance solutions to insurance carriers, and a global insurance brokerage organization, Tom brings a rare and valuable perspective to this position, especially given the role technology plays in our rapidly changing world," said Jeanne Cain, State Fund Board Chair. "The Board is confident that Tom will provide strong and visionary leadership, build on the solid foundation established at the organization over the past few years and ensure we continue to effectively respond to our customers' evolving needs." "I am honored to be selected as State Fund's new president. State Fund is a unique organization that has helped support California's entrepreneurial spirit for nearly a century," Rowe said. "Despite the significant economic challenges facing California, State Fund remains financially strong and poised to continue providing California's businesses with a strong and stable choice for their workers' compensation insurance needs. I look forward to working with the board, executive team, and all employees to fulfill State Fund's mission and commitment to California." In addition to his executive experience, Rowe has served on the board of directors for Fireman's Fund, Allianz Insurance Company, the American Insurance Association, and The National Council on Compensation Insurance. He holds a BS in Business Administration from Towson State College and is a Chartered Property and Casualty Underwriter. Rowe's contract includes a three-year term, an annual salary of $450,000, annual bonus eligibility equivalent to 30 percent of salary, a monthly recruitment and retention payment of $1,500, and California state civil service benefits. "On behalf of the entire Board, I would also like to thank Doug Stewart for stepping in as interim president during a critical time. We're grateful for his leadership and loyalty. Doug will return to his position as Chief Risk Officer and a member of State Fund's executive team and will work with Tom to ensure a smooth transition," Jeanne Cain said. With approximately 160,000 policyholders, more than $1.3 billion in premium, and nearly $20 billion in assets, State Fund is a competitive insurance provider and a stabilizing force in California's economy. Read More...
FDA Panel Narrowly Backs Medtronic Spine Device
Wed, 28 Jul 2010 04:12:29 - Pacific Time
Advisers on Tuesday narrowly backed an experimental Medtronic Inc spine implant that uses a protein to stimulate bone growth and help relieve low-back pain. The committee of Food and Drug Administration advisers voted 6-5 that the benefits of the Amplify device outweighed risks. Three panelists abstained. The FDA will consider the recommendation as it decides whether to approve Amplify, which could help Medtronic boost the spine business that now accounts for 22 percent of the company's sales. Amplify contains a genetically engineered form of a protein to help fuse vertebrae by promoting bone growth. Medtronic said Amplify offered a safe and effective alternative to standard fusion surgery using a piece of a patient's hip bone implanted in the spine. FDA reviewers, however, voiced concern about cancer cases seen in some patients treated with Amplify. At five years, cancer rates were 5 percent with Amplify and 1.8 percent in the standard fusion group. Medtronic said the differences were not statistically significant, meaning they could have been due to chance, and there was no biological reason to suggest Amplify caused cancer. Panel members were split on whether the protein in the device might contribute to cancers. They voted 9-4, with one abstention, that Medtronic provided "reasonable assurance" that Amplify was safe. Some said their concerns were eased because the reported cancers were several different types. If the device was to blame, it is likely the cancers would be similar, they said. "Seeing a smattering of all these different cancers ... it doesn't raise a red flag to me," said panelist Mary Kemeny, an oncologist at Queens Cancer Center in New York. Several panel members urged more study of cancer rates after the device reaches the market. The protein used in Amplify is called recombinant human bone morphogenetic protein-2, or rhBMP-2. It is used in Medtronic's InFuse device, which is already on the market for spinal surgery and other uses. Read More...
Physician Repackaged Drugs Now Replaced by Compounding Drugs and "Medical Foods" as Cost Driver
Tue, 27 Jul 2010 03:25:05 - Pacific Time
An increase in pharmaceuticals dispensing by doctors in several states is likely driving up workers compensation costs, experts say. As more doctors link with companies that provide repackaged drugs with irregular identity codes to physician offices, the arrangements add extra costs and bypass established means of capping drug costs, they say. And in California, where 2007 workers comp reforms curbed physician dispensing, other nontraditional dispensing practices, including compound drugs and medical foods, are adding to comp costs, they say. A September 2009 California Workers Compensation Institute study on pharmaceutical costs in California's system provides insight on the potential for reforms to reduce doctor-dispensed repackaged drugs and the average payment for those pharmaceuticals. In 2006, just before California curbed doctor dispensing, repackaged drugs accounted for 54.7% of the state's workers comp prescriptions and 59.2% of prescription dollars. But soon after implementing regulatory changes, repackaged drugs dwindled to 10.5% of prescriptions and 8.3% of payments. By the third quarter of 2008, repackaged drugs represented 8.1% of workers comp prescriptions and 5.8% of pharmaceutical payments. However, repackaging appears to have been replaced in California by the increased prescribing of untested “compound drugs” and “medical foods,” sources say. Compound drugs typically are an improvisational mix of pharmaceuticals and ointments or creams that doctors sometimes prescribe if they believe that a patient cannot tolerate the drug internally, said Alex Swedlow, executive vp of research and development for the Oakland, Calif.-based California Workers' Compensation Institute. But compound drugs are not subject to the U.S. Food and Drug Administration approval process that traditional pharmaceuticals undergo, and their efficacy remains questionable, Mr. Swedlow said. Compound drugs typically are not subject to state fee schedules that cap pharmaceutical charges, sources say. In addition to California, there is an increase in bills reflecting their utilization in Florida and Georgia, said David Deitz, national medical director at Liberty Mutual Group Inc. in Boston. Compounding drugs is a longstanding medical practice appropriate for some cases, he said. “It's just that we have observed in many instances that the use of compounded drugs appears to have no medical benefit for the injured worker,” Dr. Deitz added. Compound drugs can be a significant cost driver, leaving employers and workers comp insurers confused over what they are being billed for, said Mr. Andrews. Nationwide, physicians dispensing common pharmaceuticals from their offices is a bigger workers compensation payer concern. According to Boca Raton, Fla.-based NCCI Holdings Inc., physician-dispensed pharmaceuticals accounted for 17% of workers comp drug costs in 2008, the latest year for which data is available, up from 8% the prior year. “We think it may be increasing costs,” said John Robertson, an NCCI director and senior actuary. Read More...
PacificComp Appoints Chris DeSales to Agency Relations Manager
Tue, 27 Jul 2010 03:24:58 - Pacific Time
Pacific Compensation Insurance Company announced the appointment of Chris DeSales to the position of agency relations manager. In this capacity, DeSales will manage PacificComp's growing team of agency relations representatives, who work to establish, build, and maintain relationships with producer partners.. DeSales has more than 30 years of experience with agents and brokers in the California workers' compensation insurance market. He formerly served as the director of collectively bargained workers' compensation programs at Majestic Insurance, where he worked with independent agents and brokers throughout California, as well as with organized labor, program administrators, and regulators. Prior to this position, DeSales was the director of business development at SeaBright Insurance Company and national director of business development for Kemper Employers Group. "It's an exciting time to join PacificComp," said DeSales. "Their executives have shown leadership in the California workers' compensation marketplace for decades. After reaching out to understand producer needs, PacificComp developed a multi-million dollar producer portal system, will offer an attractive commission structure, and provide unparalleled expertise and services to help producers grow their workers' compensation line of business. This makes PacificComp the right partner for California workers' compensation, providing the greatest value in terms of efficiency, growth, and profitability." Read More...
Court of Appeal Rules that Defective MPN Notice Can be Corrected.
Mon, 26 Jul 2010 05:29:13 - Pacific Time
Cynthia Krause sustained an industrial injury nearly 10 years ago while working for Wal-Mart. On September 12, 2008, a claims adjuster from Wal-Mart's workers' compensation servicing company, Avizent, sent Krause a letter in English only entitled "NOTICE TO INJURED WORKER TO SEEK ANOTHER MEDICAL PROVIDER" (Notice). The Notice explained Avizent "is the authorized representative for American Home Assurance Company," which had "implemented the Wal-Mart - First Health Primary MPN." Concluding Krause had been obtaining treatment from a non-network physician, the claims adjuster asked her to seek further care from an MPN provider and offered assistance in locating such a physician. Avizent's Notice acknowledged a process to object and noted treatment outside the MPN would be appropriate if her injury involved an acute medical condition, a serious chronic condition, a terminal illness, or recent surgery within 180 days of the MPN coverage date. Krause asked for an expedited hearing and raised three grounds which she claimed should excuse her from treatment restricted within the MPN: 1) the Notice advising Krause to select an MPN treating physician was defective, despite having been corrected before the hearing; 2) at least three orthopedic doctors are not currently available within the MPN; and 3) Krause has a "serious chronic condition" statutorily exempted from MPN treatment. On January 14, 2009, the WCJ disagreed with Krause and found she had "not shown good cause to seek medical care outside Defendant's Medical Provider Network." Krause petitioned the WCAB for reconsideration. Among her complaints, Krause objected to American Home Assurance Company's appearance as "an officious intermeddler in this matter" imposing its MPN on Krause and claimed Wal-Mart misrepresented itself and failed to follow the law by not disclosing that it was insured at the time of the medical award. Krause also contended: the WCJ illegally shifted the burden of proof to her to demonstrate good cause to seek care outside the MPN; Wal-Mart should be held liable for its defective MPN Notice; allowing Wal-Mart to rehabilitate its defective notice renders the Labor Code and regulations a "nullity" and "frivolity;" the existence of the MPN is a fiction based on insufficient treating physicians available; the WCJ failed to address all of the issues raised at the expedited hearing and other issues. The WCJ subsequently vacated the prior decision to address the issues raised. In June 2009, the WCJ ruled that any alleged defects in Wal-Mart's MPN process that may have existed in the past had, by the time of hearing, been corrected and Krause presented "no authority in support of her apparent 'there were errors that they cannot later fix' argument." The WCJ also found "no real issue here" regarding the identity of American Home Assurance Company, who presented overwhelming evidence as Wal-Mart‟s insurer at the time of injury, and concluded Krause failed to demonstrate she qualified for any exception to treatment under the MPN. Krause petitioned for reconsideration again. The WCAB concluded in their own opinion that Krause did not establish she was entitled to continued treatment outside the MPN and that Wal-Mart was not liable for any medical treatment obtained outside the network. The Court of Appeal in an unpublished opinion reviewed the issue of the corrected notice. The Court considered the WCAB en banc decision, Knight v. United Parcel Service (2006) 71 Cal.Comp.Cases 1423 (Knight), which held that an employer's failure to provide adequate notification rendered the employer liable for self-procured medical treatment outside the MPN. They distinguished this case from the holding in Knight. The Court concluded "Here, the Notice was defective primarily in that it was not sent in Spanish, a language in which there is no indication would have aided Krause's understanding. Moreover, Knight did not declare that a defective notice could not be corrected. We find no merit to Krause's contention." Read More...
Doubt Cast on Common Back Pain Management
Mon, 26 Jul 2010 05:28:58 - Pacific Time
Many people with arthritis-related back pain might be prevented from getting long-lasting pain relief under the current management guidelines, US researchers said Friday. Their findings add to an ongoing controversy about how best to manage this kind of pain, which accounts for up to 15 percent of chronic lower back pain. Today, doctors perform one or two so-called diagnostic nerve blocks, in which they inject anesthetics into the joints of the spine. If the blocks alleviate the pain, it's likely that the joint was the culprit. The next step is to burn the nerves that carry pain signals from the joint with radiofrequency waves, a procedure used in hundreds of thousands of Americans every year, according to Dr. Steven P. Cohen of Johns Hopkins University School of Medicine in Baltimore. In the new study of 151 patients, published in the journal Anesthesiology, Cohen and colleagues suggest skipping the diagnostic blocks and going directly to radiofrequency treatment. Doing so, they found, provided 50 percent pain relief for at least three months in a third of all patients; in those receiving one or two diagnostic blocks, 16 percent and 22 percent improved, respectively. "Maybe we should consider just doing the treatment," Cohen told Reuters Health, adding that radiofrequency treatment had few side effects and wasn't any more dangerous than nerve blocks. "A lot of people could benefit," he said. The researchers also found that the cost per successful treatment was lower when doctors didn't do any nerve blocks, amounting to almost $6,300, or about $10,000 less than when blocks were done. In a commentary on the study, Jan Van Zundert of Maastricht University Medical Center in The Netherlands and colleagues said the results suggested current guidelines were "withholding patients from prolonged pain relief." Still, most patients with lower back pain wouldn't benefit from radiofrequency treatment, and so would be treated in vain. When looking at how many patients actually benefited from the treatment, the rate was almost twice as high in those who had two blocks done compared to those who had none. As a result, millions of patients worldwide would be candidates for treatment although they might not benefit from it, said Dr. Nikolai Bogduk, a pain expert at the Newcastle Bone and Joint Institute in New South Wales, Australia. Bogduk, a strong proponent of using nerve blocks, said a true analysis of cost would need to take this into account. According to Cohen, the cost of radiofrequency treatment is about $650 for the first joint, and $350 per additional joint. A nerve block costs about half, he said. Read More...
New Federal Financial Reform Law Creates Federal Insurance Office (FIO)
Fri, 23 Jul 2010 02:47:25 - Pacific Time
President Barack Obama on Wednesday signed a sweeping overhaul of the financial regulatory system. The "Dodd-Frank Wall Street Reform and Consumer Protection Act," drafted in response to the recent financial crisis, makes significant changes to financial services regulation. The 2,300-page bill gives regulators broad authority to rein in banks, limit risk-taking by financial firms and supervise previously unregulated trading. It also makes it easier to liquidate large, financially interconnected institutions, and it creates a new consumer protection bureau to guard against lending abuses.While the majority of this legislation does not apply to insurance and leaves the day-to-day regulation of insurance at the state level, Title V, - the insurance title of the bill - includes surplus lines and reinsurance reform and creates a Federal Insurance Office (FIO) which would serve as a non-regulatory insurance informational office at the federal level. The office would also play a role in representing U.S. interests with international insurance agreements. The new law does modernize the state-based regulatory system with the inclusion of the "Nonadmitted and Reinsurance Reform Act (NRRA)," a provision strongly supported by the property/casualty insurance industry. This section will streamline the regulation of surplus lines by making the insured's home state the sole regulator in surplus lines transactions. Those changes would speed up and ease access to the surplus lines markets by consumers, and reduce administrative compliance issues."Proper implementation of this bill will provide benefits to surplus lines brokers as they no longer will have to deal with confusing and contradictory tax payment laws," said National Association of Professional Surplus Lines Offices' President Marshall Kath. "Standardizing tax payments will also provide benefits to consumers and the industry by making the process more efficient." While insurance agents and brokers did not endorse the legislation, the Independent Insurance Agents and Brokers of America (Big "I") says the final law does include several major victories for its members."The Big 'I' is pleased that the final financial services regulatory reform legislation leaves day-to-day regulation of the insurance market at the state level," said Robert Rusbuldt, Big "I" president and CEO. "Property/casualty insurers were not to blame for the financial crisis and pose no systemic risk to the overall economy. While the current system no doubt needs more uniformity and modernization, state regulation of insurance has a proven track record of ensuring insurer solvency and consumer protection, and it's encouraging that President Obama and Congress recognized the strength of the state regulatory system." The newly created Federal Insurance Office goes into effect immediately. The office is restricted primarily to monitoring the insurance industry and advising Congress and federal agencies on insurance issues. However, federal regulators will have vast discretion over how this oversight is executed. We are pleased that Congress ultimately limited the scope of the Federal Insurance Office and recognized that it should not be a duplicative federal insurance regulator," said David A. Sampson, president and CEO of the Property Casualty Insurers Association of America (PCI), in a statement. "Congress included important provisions in the final bill that will reduce duplicative information gathering requests on insurers. The Federal Insurance Office will be required to seek data from state regulators first before imposing costly and burdensome data demands on insurance companies." The Dodd-Frank Act also includes important Federal Insurance Office provisions for appropriate due process to address questions over federal preemption, Sampson said. As the federal government moves toward implementation of the bill, insurers say it will be important to continue reinforcing the distinctions between insurance and other financial services. Read More...
Some Appellate Cases Heat Up and Others Cool Down in July
Fri, 23 Jul 2010 03:47:32 - Pacific Time
In March, the California Supreme Court agreed to review controversial issues pertaining to the calculation of the cost of living adjustments made to comp benefits (COLA) for life pension and total disability. They granted a petition for hearing in the case of Duncan v WCAB (XYZZX) recently decided by the 6th District Court of Appeal. Amendments to the Labor Code that took effect in 2004 require that benefits for life pensions or total disability awards be adjusted for a cost of living adjustment. There has been a dispute in implementing this new law. It was unclear if the COLA is to be calculated starting on the date of injury, or on the permanent and stationary date, or even later when the first life pension payment begins. The Court of Appeal in the published opinion of John Duncan v WCAB ruled that "In this case of first impression, we hold that the cost of living adjustments pursuant to Labor Code section 4659, subdivision (c), for life pensions and total permanent disability indemnity, are added to those payments, per the words of the statute, starting January 1, 2004, and every January 1 thereafter." This is the worst of all outcomes for employers in terms of cost. Employers are hoping for a more favorable result from the Supreme Court. The case is heating up this week as amicus or "friend of the court" briefs are being filed by industry stakeholders. Although they are not a party to the case, the State Compensation Insurance Fund, the California Chamber of Commerce and the California Workers' Compensation Institute have been granted the right to file amicus briefs opposing the claimant. The California Applicant's Attorneys Association and the California Correctional Peace Officers Association have been granted the right to file briefs as amicus on behalf of the injured worker. The next step will be oral argument which has not yet been calendered. Another significant appellate case this year is Hertz v WCAB (Aguilar) (2008) 169 CA 4th 232, 73 CCC 1653. The California Supreme Court agreed in March 2009 to review the 6th DCA published opinion. In a surprise development, on May 20, 2010, the Supreme Court decided not to intervene in the case after all and dismissed the Petition for Hearing. The published 6th District Court of Appeal decision is now authoritative law quite favorable to the employer. The Court of Appeal concluded in Hertz that "...LeBoeuf does not hold that an employee’s permanent disability rating must reflect a finding of non-feasibility where the non-feasibility finding is due in part to pre-existing nonindustrial factors or conditions." Since the Supreme Court let this decision stand by dismissing Aguilar's Petition for Hearing, this published Court of Appeal decision provides significant clarification of how LeBoeuf applies under the new apportionment rules of S.B. 899. As this case "cools down" the employer, and several defense related amicus including the California Chamber of Commerce, Zenith Insurance Company and the County of Los Angeles petitioned the Supreme Court to certify the case for publication. The trip through the high court ended on July 21 when the request for publication order was denied. Thus the Duncan case now remains one of the most important unresolved cases of the year. When the Supreme Court finally decides the case the industry will have some clarity on ambiguous language that implements a COLA for life pension and total disability. Read More...
Past Work Comp Academy News Articles
• Knee Ligament Tears May Not Require Surgery: Thu, 22 Jul 2010 05:41:07 - Pacific Time: Read More...
• WCAB Panel Decision Clarifies COLA Application in Death Benefits Case: Wed, 21 Jul 2010 05:53:21 - Pacific Time: Read More...
• CAAA Claims Insurance Carrier Profits "Skyrocketed" Since 2004: Wed, 21 Jul 2010 05:38:52 - Pacific Time: Read More...
• Dozens Arrested in Medicare Fraud Totalling $251 Million: Tue, 20 Jul 2010 04:35:19 - Pacific Time: Read More...
• Markel to Acquire FirstComp to Expand Workers' Compensation Penetration: Tue, 20 Jul 2010 04:22:11 - Pacific Time: Read More...
• June Henry - E.D.D. Senior Case Manager - To Speak at Hearing Rep Meeting This Friday: Mon, 19 Jul 2010 06:52:43 - Pacific Time: Read More...
• Air Ambulance Fee Schedule Modification Effective July 13: Mon, 19 Jul 2010 06:17:33 - Pacific Time: Read More...
• After Announcing Cancellations, The DWC Schedules the Next QME Competency Examination for October 23.: Fri, 16 Jul 2010 05:23:13 - Pacific Time: Read More...
• Abuse of Prescription Pain Medication Increases by 400 Percent: Fri, 16 Jul 2010 05:23:06 - Pacific Time: Read More...
• Voters to Decide if Private WC Insurance Becomes Available to Washington Employers: Thu, 15 Jul 2010 04:06:32 - Pacific Time: Read More...