Download or read book A Guide to Successful Workers Compensation Case Management written by Dorothy Consonery-Fairnot and published by . This book was released on 2012-08-21 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Workers Compensation Subrogation In All 50 States Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?

Download or read book CMSA s Integrated Case Management written by Kathleen Fraser, MSN, MHA, RN-BC, CCM, CRRN and published by Springer Publishing Company. This book was released on 2018-01-28 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by case managers for case managers, this reference manual for nurses and other health professionals presents a CMSA tested approach towards systematically integrating physical and mental health case management principles and assessment tools. Since the health care field has undergone major changes such as the passing of the Patient Protection and Affordable Care Act, Mental Health Parity, Transition of Care & Chronic Care Management and the Medicare Act and CHIP Authorization Act (MACRA), health care workers must competently know how to integrate those new regulations, describe alternative payment options, and implement requirements for greater patient and family assessment, care planning, and care coordination in their practice. CMSA’s Integrated Case Management delves into the role of the case manager and unpacks how case managers assess and treat complex patients. These are patients who may be challenged with medical and behavioral conditions, poor access to care services, as well as chronic illnesses and disabilities, and require multidisciplinary care to regain health and function. With a wealth of information on regulatory requirements, new models of care, integration of services, digital and telemedicine, and new performance measures that are clearly defined for nurses in nursing terminology, chapters outline the steps needed to begin, implement, and use the interventions of the Integrated Case Management approach. All content aligns with the newly revised 2017 Model Care Act, CMSA Standards of Practice 2016 as well as the CMSA Core Curriculum for Case Management Third Edition.

Download or read book Workmen s Compensation Cases written by Robert Metcalfe Minton-Senhouse and published by . This book was released on 1903 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Being reports of cases decided under the Workmen's compensation act, principally taken from the Times law reports.

Download or read book A Supervisor s Guide to Workers Compensation Case Management written by and published by . This book was released on 2000 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Medical Fee Schedule written by and published by . This book was released on 1995 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Case Management an Action Plan for Injured Workers written by New Brunswick. Workers' Compensation Board and published by . This book was released on 1993* with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Managing Workers Compensation written by Keith Wertz and published by CRC Press. This book was released on 2000-12-07 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laying out management and safety procedures that reduce injuries and the aggravation that follows, this book covers hiring, training, and managing employees with injury avoidance in mind. The authors provide a blueprint for dealing with injured employees and their families, and for determining the correct time for the employee to return to work. The book discusses the all-important issues of fraud, modified duty, substance abuse testing, and accident investigations. It also provides guidance for managing safety efforts in a manner that controls workers' compensation cost. The book shows readers how they can impact - favorably - the amount their organization pays in premiums.

Download or read book Sullivan on Comp written by Michael Sullivan and published by . This book was released on 2011-01-17 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book California Workers Comp written by Christopher Ball and published by Nolo. This book was released on 2016-05-25 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This complete guide for injured workers in California will help injured workers get medical treatment with their own doctor or find another, file claims on time, deal with claims adjusters who don’t want to pay benefits, and get a lump-sum settlement for the highest amount possible.

Download or read book Current Perspectives in Clinical Treatment and Management in Workers Compensation Cases written by Matt Kruger and published by Bentham Science Publishers. This book was released on 2011-04-23 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This e-book integrates all aspects of medical care relevant to worker compensation. It explains benefits of the application of evidence-based approaches to worker compensation care. Improved outcomes of such approaches include less risky treatments, faster healing, and good return to work experience. It also points towards designing a better health care system with a focus on the economy, healthcare policy and change, and growing innovation in medical practice. The e-book should serve as a significantly important reference tool for several working professionals in healthcare systems as well for as students and trainees.

Download or read book CMSA Core Curriculum for Case Management written by and published by Lippincott Williams & Wilkins. This book was released on 2008 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text contains the core body of knowledge for case management practice as delineated by the Case Management Society of America (CMSA), the largest professional organization of case managers. The core curriculum provides a "synthesis of case management evolution," and presents essential elements, concepts, and vision for current and future case management practice. This edition is significantly expanded to reflect the dynamic changes taking place in case management. Each chapter is organized in a consistent format that includes learning objectives; introduction; important terms and concepts; key definitions; and references.

Download or read book Official Disability Guidelines 2004 written by Philip L. Denniston and published by . This book was released on 2003 with total page 1528 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book 8 Steps to a Winning Workers Comp Program written by Gustavo Ortiz and published by Lulu.com. This book was released on 2006-11-01 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: 8 Steps to a Winning Workers Comp Program is a simple grass roots risk management method used to help small to medium sized employers control their losses, contain claims costs and save on insurance premiums. It centers around consistent communication and promoting the employers involvement in all aspects of their risk management and claims activities

Download or read book Your Ultimate Guide to Mastering Workers Comp Costs Reduce Costs 20 50 written by Rebecca Shafer and published by . This book was released on 2014-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Black Lung Benefits Program written by United States. Dept. of Labor. Library and published by . This book was released on 1979 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Workers Compensation Case Management Seminar written by Florida Bar. Continuing Legal Education and published by . This book was released on 1986 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: