A LETTER FROM THE PUBLISHER

Greetings:

Workers' compensation is ever evolving, and some years, such as in 2012, there is radical change. Complex systems demand highly educated professionals to ensure smooth operations.

Nothing could be more obvious with the ongoing implementation of SB 863 as we head into 2013. The California Division of Workers' Compensation (DWC) is scrambling to make regulatory changes necessary to meet statutory deadlines. It is also undergoing severe work loads as it tries to institute changes to its computer systems to take electronic payments for lien filings.

New forms, new regulations, new procedures - all in an evolving complexity that may seem like it is too overwhelming to even begin to absorb, let alone come to terms with in our daily business lives.

Carriers, third party administrators, law firms, medical firms all are scrambling to come to terms with the new law and regulations, and are in the process of changing business practices and systems to be ready for 2013.

WorkCompCentral Education during 2012 provided continuing education to over 4,000 individuals. Professionals who sought to maintain their proficiency in areas of workers' compensation law, report writing, bill review, and claims administration.

My projection is that in 2013 WorkCompCentral will educate nearly 6,000 individuals. Sweeping change means many, many people need to be brought up to date. Our mission is to educate as much of the workers' compensation industry as possible and to encourage the sharing of thoughts and ideas.

I know that you, by participating in educational events, online training and webinars, are as committed to professionalism in workers' compensation as we are.

With this in mind, we are assembling a diverse set of top educators to share their unique perspectives on SB 863 and the new regulatory environment as we enter the year of implementation.

In 2013 we will be building and launching a new online educational system that tightly integrates with the main WorkCompCentral site and the new Community system of sharing, messaging and purchasing. Community allows everyone to share their thoughts with another, network and make new contacts (or greet old friends) while enjoying volume based pricing without having to be part of a corporate account.

We will recognize individuals through out the year who have greatly contributed to growing professionalism in our industry through education and community action and, of course, I'll ask you to keep us honest by telling us what we're doing right and what we need to do better.

If we all work together, with Community at our core, we can make the system that involves our profession work as efficiently and properly as possible given the laws, regulations and court decisions as they issue.

In the meantime, on behalf of everyone at WorkCompCentral, I wish you and those you love all the good fortunes of life, health, happiness and peace throughout the New Year.

David DePaolo

david@workcompcentral.com

2012 AWARD WINNERS ANNOUNCED

Nine individuals, one employer and one workers' comp service company were honored by WorkCompCentral on Saturday in Anaheim at the 2012 Holiday Education Program and Awards Reception. 

Marina del Rey Presiding Judge Paige Levy received the Magna Comp Laude Award "for her commitment to excellence in continuing education on the law and practice of workers' compensation."

Other individuals receiving awards were:

Top Attendee: Christina Lam of California State Compensation Insurance Fund.

Top QME Attendee: Dr. Satish Kadaba, Orthopedic Surgeon and Qualified Medical Evaluator

New Instructor Awards: Sean Hermanson, JD, Managing Attorney in the Riverside Office of Heggeness, Sweet, Simington & Patricio. Dr. Julie Armstrong, Psychologist, Medical Evaluator and a Forensic Psychologist and TV Personality

Top Tandem: Jon Brissman, JD, and Judge Myrle Petty. Jon is a Lien Attorney with a law practice in Colton; Judge Petty is a Workers' Compensation Judge at the San Bernardino DWC District Office; she also occasionally hears cases in Bishop, Calif.

Panel Moderator: Kenneth Kingdon, JD, an Attorney and Rating Specialist and Author of Three Books About the AMA Guides Fifth Edition and "The Kingdon Rating Newsletter."

Webinar Presenter: Michael Sullivan, JD, Attorney and Author of "Sullivan on Comp."

Training Partner: Farmers Insurance Co. and its Western States Claims Offices.

CE Sponsor: WorkCompEDI and Manager Chris Mueller, an Electronic Medical Billing Clearinghouse for Carriers and Providers.

These individuals, organizations and other presenters made continuing education programs possible this year because of their efforts and energy. Due to the success and positive feedback after Saturday's event, the Educational Program and Awards Reception will become an annual event. 

More than 160 people attended our inaugural event.

IAIABC HOSTING "GUIDE TO THE GALAXY" WEBINAR

IAIABC is hosting a complimentary member e-vent, "Guide to the Galaxy," on Dec. 13 at 2 p.m. Central Time. Five workers' compensation insiders will guide you through external forces that will impact the work comp galaxy in 2013.

The experts will answer such questions as:

What's the Buzz in Claims? Is the Economy Headed Up or Down? Reform: Why is Opt-Out In? Implementing Affordable Care Act - What Does Work Comp Need to Know? Who Are Tomorrow's Leaders?

This e-vent is complimentary for IAIABC members, but register soon because space is limited! For non-members, registration is $75. Registration information is at IAIABC web site.

PUTTING SB 863 INTO PRACTICE FOR YOUR CLIENTS - JAN. 12

The California workers' comp reform law, SB 863, starts phasing in on Jan. 1, 2013. A daylong continuing-education program 12 days later is designed to give practitioners the tools they need to master SB 863 and to best represent their clients in the coming year.

This program is designed for attorneys, paralegals, hearing representatives and anyone making decisions about claims administration and whether to litigate. The focus is permanent disability rating issues and medical treatment authorization under SB 863. Practice tips will be given and proposed regulations discussed.

"How to Use SB 863 to Best Represent Your Clients," takes place at 9 a.m. Saturday, Jan. 12 at National University in Los Angeles. One hour of California Bar Ethics credit is available.

Judges Colleen Casey, Mark Kahn (retired) and Paige Levy will co-present. Attorney and DWC Community Service Award recipient Robert Rassp, JD, joins them on the panel. Register at 805-484-0333 or at our web site.

WHAT IS A NEVADA COMP CLAIMS LICENSE?

Texas, Oregon and Connecticut are among the states to require claims adjusters who handle workers’ compensation claims be licensed by the state. There is no such requirement in Nevada by the Department of Administration, Hearings Division.

However, a Nevada license is required for anyone representing an employer at a workers’ compensation with the exception of attorneys and full-time employer, insurance carrier, or TPA representatives. NRS 616C.325 mandates this licensure.

Those representing employees at a hearing must be employed full time by the employee’s labor organization; admitted to practice law in Nevada; be employed full-time and be supervised by a Nevada attorney; or be appearing without compensation on behalf of the employee.

Applicants for a Workers’ Compensation Representative license must submit a Worker's Compensation License application, with notary acknowledgement; provide a copy of their driver’s license; pay a
$78 application fee to the Department of Administration; and pass the Workers Compensation Representative Examination. Applicants are tested on NRS and NAC 616 and 617. The test is comprised of 60 multiple choice and true/false questions with a minimum 75 percent passing score. Applicants have up to three attempts to pass the test before reapplying. Tests are given at will.

Anyone with questions on new licenses or license renewal should contact Hope DiBartolomeo, (702) 486-2531, dibartolomeo@hearings.state.nv.us.

Source: Nevada WC Section December Newsletter

Dec. 10: The State Affairs Committee will meet in Austin to review workers’ compensation issues – including the adequacy of benefits to high-wage earners – as the first step in preparing its recommendations to the 2013 Legislature in January. The committee will meet at 9 a.m. in the Senate Chamber at the State Capitol.

Dec. 13: The Alaska Workers' Compensation Board will hold a special meeting to discuss the findings and recommendations of its subcommittee on medical costs and associated cost drivers. Details

Dec. 14: The Texas Division of Workers’ Compensation will accept comments until 5 p.m. Dec. 14 on an informally proposed rule involving certification of maximum medical improvement and evaluation of permanent impairment. Comments may be submitted before 5 p.m. by mail or delivery to Maria Jimenez, Texas Department of Insurance, Division of Workers’ Compensation, Office of Workers’ Compensation Counsel, MS-4D, 7551 Metro Center Drive, Suite 100, Austin, Texas 78744-1645, or by email to InformalRuleComments@tdi.state.tx.us

Dec. 20: The Louisiana Association of Self-Insured Employers will hold a seminar on Medicare secondary payer compliance in Baton Rouge. View

Jan. 11: The Nevada Workers’ Compensation Section of the Division of Industrial Relations published forms and instructions for carriers to use in completing mandatory activity reports that are due on Jan. 11. Forms and instructions are available on the Workers’ Compensation Section website

Jan. 24-25: The Maine Workers' Compensation Board announced training sessions for employers and insurers on Jan. 24-25, April 25-26, June 20-21 and October 20-25. The Winter newsletter lists details

Feb. 28-March 1: The California Division of Workers’ Compensation Education Conference in Los Angeles. Register

March 4-5: The California Division of Workers’ Compensation Education Conference in Oakland. Register

April 10-12: The Florida Bar annual forum on workers' compensation in Orlando. Information

IN THE NEWS 

Calif. - DIR Assessment Increasing by 44% for Insured Employers: 12/05/12

Texas - Larger Firms Returning to Comp while Small Businesses Opt Out: 12/04/12

National - Employers Have Final Say over Marijuana Use: 12/03/12

Texas Mutual Wants to Cut Government Ties, Share Assigned Risks: 11/30/12

N.Y. - SWCB Adopts Final Pharmacy and DME Fee Schedules:11/30/12

Okla. - Labor Commissioner Touts Admin. System, Wants Lawyers Out: 11/29/12

Florida - Claimants' Attorneys Leading Downward Trend in Legal Fees: 11/27/12

National - False Claims Act May Be New CMS Recovery Tool against Employers: 11/21/12

Illinois - Proposed Rules Would Require Medical E-Billing in June 2013: 11/19/12

Georgia - Supreme Court OKs Ex Parte Communication with Worker's Doctor: 11/06/12

Read the full articles with a WorkCompCentral subscription or buy the individual article.  Subscribe
Buy an article using the News search tool at our web site. Tip: Type in the headline of the article next to the magnifying glass (top right of page) and click the eyeglass to search. 

JOBS IN YOUR AREA

Applications for employment are being accepted for: 

Senior (Sr) Loss Control Specialist - Oklahoma City / Tulsa Area‚ OK
Senior (Sr) Loss Control Specialist - Northern Calif / SF Bay Area‚ CA
Senior (Sr) Loss Control Specialist - So CA - Los Angeles Area‚ CA
Legal Assistant / Paralegal - Los Angeles‚ CA 90010
Litigation Manager - Glendale‚ CA
Lien Negotiator - Buena Park‚ CA
Workers Compensation Claim Manager - Canton, MA
Managing Attorney - New York City‚ NY
Workers Compensation Defense Attorney - Cherry Hill‚ NJ;
Philadelphia‚ PA
WC Information Person - Orange County, CA
Surgical Scheduler - UTC La Jolla, CA
Occupational Business Office Supervisor - St. Joseph Heritage Healthcare of Fullerton, CA

CLICK  for these and other job listings.

Thank you for reading WorkCompCentral and for subscribing to this newsletter. If you liked an article or a topic, please let me know in an email. Write in the subject line, What I Liked.

Cheers!

- Rob

BUDDY UP IN THE WCC COMMUNITY 

(Editor's Note: This newsletter introduced you to WorkCompCentral Community last month, and we explained how to set up your profile. Now that you have a profile, it's time to create Groups.)

Why are we talking about Community in the Education Newsletter? Because by using Community you can drastically increase your learning experience in two ways: 1) by leveraging the knowledge of others attending your courses and, 2) by networking with those students since you share common goals.

The way that you leverage your experience is by setting up or joining Groups.

There are two basic types of Groups: Content Groups and Purchasing Groups. We're going to focus just on Content Groups for now.

A Content Group allows fellow group members to share WorkCompCentral content with each other in a private setting - only those people whom you invite to a group have access to the content, and more importantly, the discussions and comments concerning that content.

This is particularly important to education because the instructor and students can have a more personal experience - everyone has the benefit of a communal relationship as in a classroom setting, but without the constrictions of time and place!

For instance, there may be a Content Group established for one of the upcoming Mike Sullivan webinars on SB 863 (and if you haven't signed up for this series you are definitely missing out on some of the most comprehensive and organized scholarly assessments of the bill applicable to the daily practice of California workers' compensation claims handling and litigation).

Webinars, though over the Internet, are limited in time and space - there are only so many "seats" available in the "classroom." And once the webinar is over any chance at asking the instructor questions now, or what may come up later, is gone. Even if you ask a question personally, everyone else misses the benefit of that education. And, no one in the webinar knows who else is attending, which means everyone is missing out on a huge networking opportunity.

So let's start a Content Group!

Once you have logged in to WorkCompCentral click on the gear icon in the upper right corner of the web page. That will take you to your Community Control Panel page. The Control Panel page defaults to your profile edit tab, but the second tab over is Groups. 

Clicking on the Groups tab will show the Groups you have created and have joined - we're assuming you have nothing in your page because you haven't established or joined any Groups.

Let's create a group!

On the left vertical menu on the Groups tab you'll see "Groups I've Created" - which should have nothing under it except a button, "Create a Group," (unless you're way ahead of us here).

Create a Group by clicking on that button. The left vertical menu will expand and a field will appear in which you can name the Group.

For purposes of this exercise we've named a group "Sullivan on SB 863" - next click "Create". The main page will grey out and a menu choice will appear offering you the opportunity to establish this as a Content Group or a Purchasing Group - click on Content Group.

Success!! You have just created a Content Group. If you click on the name of that Group in the vertical menu, an information page will appear where you can input all sorts of information concerning that group, just like you would with a Profile so that people searching in WorkCompCentral can find the Group.

LEGISLATOR GROUP WORKING ON PHYSICIAN DISPENSING MODEL

State lawmakers looking at physician dispensing of repackaged drugs and possible model legislation will resume their efforts when the National Conference of Insurance Legislators (NCOIL) meets in November.

NCOIL is comprised of state lawmakers involved with insurance issues. The organization develops model legislation which states may enact.

The committee expects to revisit physician dispensing at NCOIL’s meeting on Nov. 15-18 in Point Clear, Ala., according to Arkansas State Rep. Barry Hyde, chairman of the committee.

States with current or pending price caps on physician-dispensed medications are California, Connecticut, Georgia, Illinois, Michigan, Mississippi and South Carolina.

MOBILE APP RELEASED FOR 2012 NATIONAL SHOW IN VEGAS

The National Workers’ Compensation and Disability Conference & Expo has released a free mobile app, NWCDC 12, for the Nov. 7-9 event in Las Vegas. The app is available for iPhone, iPod Touch, iPad and Android devices. The NWCDC 12 Mobile App is useful in a number of ways: lists session times, networking events, expert speakers and various exhibitors. Using the Scheduling feature, attendees can build a personalized agenda by selecting sessions, panels and conference events that appeal to them. This feature also helps easily coordinate meetings with other attendees and exhibitors.The app can be downloaded for free in the Apple Store and Android Market, plus a web-based version is also available on http://www.wcconference.com/app.html.

WEBINAR ABOUT REFORM BILL 863 ON YOUTUBE

If you weren't able to attend last Friday's webinar by Michael and Bart Sullivan about the Senate Bill 863, the program is available on YouTube.

The program - "Sullivan on 863: The Overview" - runs approximately 90 minutes and includes questions sent in to attorneys and brothers Mike and Bart.

Here is the direct link to the program.

Because the reform bill makes significant changes, even those who were on the Friday webinar a week ago may want to review it on YouTube.



E-BILLING AND STATE MANDATES COVERED IN NEXT FREE WEBINAR
Lost in all of the talk about lien reform and now SB 863 is an approaching deadline for electronic medical billing compliance in California. Under California Labor Code Section 4603.4, claims administrators by Oct. 18 are required to accept electronic bills and may develop their own capacity to accept electronic bills or may contract with a vendor to perform the function. Medical providers are not required to e-bill, though they may elect to do it voluntarily.

Tune in Friday, Oct. 5 to a free continuing-education webinar about e-billing led by Marc Menendez. Marc is president and CEO of WorkCompEDI, a clearinghouse for medical bills in workers' comp, auto and personal injury. Bring your questions to ask him on the webinar.

One CE hour is available for California Claims Professionals and California licensed attorneys. Registration is done online.

IN THE NEWS ...
Nation - CMS Facing Set-Aside Backlog after Switch in Review Contractors: 09/20/12
Calif. - SB 863 Signed, Working Groups for Regs Forming: 09/19/12
Calif. - New Organization Plans to Challenge Constitutionality of Filing Fee: 9/18/12
Maryland - IWIF Negotiating Final Payment in Running Battle over Set-Asides: 09/17/12
Nevada - High Court: Bartender's Tips Should be Included in Wage Calculation: 09/17/12
Florida - Outpatient Fee Schedule Lawsuit Results in Discovery Dispute: 09/14/12
Louisiana - Qmedtrix Faces Counter-Claim after Challenging FairPay Settlement: 09/13/12
New York - Assessments Nearly 5 Times the National Average: 09/11/12
New York - SWCB Rolls Out Long-Awaited Fee Schedule for Pharmacy and DME: 09/07/12
California - Moran Steps Down as Head of DWC: 09/07/12
South Carolina - Commission Puts Fee Changes on Hold to Await Legal Opinion: 09/06/12


HEALTHCARE SOLUTIONS BUYING SCRIPNET
Healthcare Solutions announced it will acquire work comp pharmacy benefit manager ScripNet. ScripNet has a strong market share in the Southwest, with a long-term relationship with Texas Mutual, the dominant insurer in Texas.


YOU ARE INVITED TO AN INDUSTRY "REFORM" PARTY 
We are throwing a holiday party on Saturday, Dec. 1 in Orange County that will feature speakers, awards, raffles, entertainment, networking and continuing-education credits. The venue is the Business Expo Center, off the I-5 in Anaheim near Anaheim Stadium.

Come out and meet the WorkCompCentral staff, put a name with face, and catch the latest reform buzz in the industry, including the 2013 reforms.

Tickets are $75 for WorkCompCentral subscribers, $95 for non-subscribers. Your first cocktail or non-alcoholic beverage is included. Vendor tables are available for $250 each; Because this is a party so vendors can decorate a booth space with a holiday theme.

Call Rob McCarthy, marketing director for WorkCompCentral, 805-484-0333, ext. 121 with questions. Branding Director Christina Childers can take vendor table reservations now. She's at 805-484-0333, ext. 126.

Watch for an official announcement soon about this December event.

August 2012 Issue 

WE'RE BUILDING A COMMUNITY

Last month in this newsletter we promised an announcement in August about a cool, new feature called Community. We launched it with the idea that people in workers' compensation need their own place to network. Community combines the networking power of Facebook and the professional marketing style of LinkedIn. For an introductory period, Community is free and open to anyone with a WorkCompCentral account, including trial and even expired accounts. 

What Is Community?

More than just business networking, Community lets industry people make and find referrals, share our content and services, establish purchasing groups to make WorkCompCentral more affordable, and to create closed networks for private communications. WorkCompCentral is a network of 45,000+ industry professionals and we want people in this industry to be able to leverage that networking power. Community is available only on V2 (blue background) of WorkCompCentral. Classic users will not have Community available (and in fact Classic will be phased out over the next few months).

How Do I Use Community?
Everyone in the WorkCompCentral database has the ability to establish their own Community parameters - from setting up a powerful, searchable profile, to establishing groups and sharing content or other services.

The first step to tap into the power of Community is to set up your profile. There is A LOT to Community, so for this lesson we are only going to review how to set up a profile, since that is the basis for everything you do in Community.

How Do I Set Up a Profile?
The Community toolbar is always at the top of every WorkCompCentral.com page. There are six icons, but the one icon we're going to focus on is the one that looks like a gear in the upper right corner of the Community toolbar. 

                          Icons are across the top. The gear is far right.

First, log in to WorkCompCentral. After getting to your home page click on the gear icon in the upper right corner of the page.

The next page will be your Profile page with several tabs denoting various elements of your Community settings and experience. It defaults to the "edit" mode where you can set up your profile.

                A completed profile looks like this.

Your profile is full text searchable to anyone using WorkCompCentral's general search engine. For instance, if you searched for "attorney camarillo" you will get the profile of our president, CEO and all around great guy, David DePaolo.

You should input as much information about yourself as you would want others to find you by in your profile. Obviously contact information is important, but you want to add good marketing text in the About and the Specialties fields so that others can find you.

Any time you make a change or add something you should click on the "Save" button.

Privacy
There are several different ways you can set up privacy options, and there are different privacy settings.

If you click on the lock icon a drop down appears with three privacy options: Public, Members Only and Private. Public means that anyone in the whole world that comes to WorkCompCentral and finds you via a Community search can see that information. Members Only restricts the visibility of the information to WorkCompCentral subscribers. Private is the most restrictive, allowing only people who are specifically designated to view the content.

There is a Master Profile Privacy button as well which will apply the same privacy setting to all of the information on your profile. After you set the overall privacy setting of your profile, you can still have different privacy settings for individual items, but any time you change the Master Profile Privacy it will override any specific settings.

Picture

Everyone likes to see a face to associate with communications, so we encourage you to display your photo on your profile.

Doing so is very easy. Mouse over the square space on the left in the Edit Profile tab. Three menu items appear: Select a New Picture, Delete Your Picture and Picture Privacy. Click on Select a New Picture and the normal browser dialogue to upload a picture will appear. Choose a good picture! Our system will automatically reformat the size of the picture to fit the space. If you don't like the picture after uploading you can simply click on Select a New Picture to start over. Of course Picture Privacy works the same as described in the Privacy section above.

That's all there is to getting started with WorkCompCentral Community! Next month we'll go over establishing groups!


NORTH CAROLINA NEXT IN LINE FOR E-BILLING
New rules that would mandate electronic billing between insurance carriers and medical providers in North Carolina could soon be implemented. The North Carolina Medical Society testified on Aug. 6 in support of a rule that will require electronic billing and payment processes to be standardized and mandatory by March 1, 2014.

The commission will accept written comments on the rules changes through Sept. 14.

"We are actually quite excited that the commission is moving down this road," said Conor Brockett, associate general counsel for the North Carolina Medical Society. "We think it’s going to generate lots of savings for payers and medical practices because it will allow everybody involved to streamline how they process medical bills.”

The electronic billing proposal would require carriers and medical providers to use electronic billing and payment in workers’ compensation claims and implement electronic billing and payment processes by January 2014. 


OREGON CREATES A CALL LIST FOR CALIF. HEARING REPS
Dan Sheppard with the Oregon Workers' Compensation Division reached out this month to hearing representatives, lien filing and medical and collection companies in Northern and Southern California. Some Oregon residents have workers' compensation claims in California and travel to California for medical treatment, Dan said.

These injured workers need representation and information at the DWC District Offices throughout the state. 

Anyone who wishes to be listed as a contact with the Oregon Division may contact Dan at here. To learn more, call his office, (503) 947-7684. 


SOCIAL MEDIA SITE CHECKS - THE ISSUES EXPLAINED
The September "One on One @ 1" webinar series answers the question, "What personal information on Facebook can be used as evidence by an employer or a hired investigator?" It's a good question, and even we don't know that answer yet. 

Investigator Richard Harer will present, "The Legal, Ethical and Evidentiary Issues of Using Social Media to Investigate" at 1 p.m. Pacific time on Sept. 4. He is a certified licensed investigator and a professional insurance investigator and holds a Workers' Compensation Claims Associate designation. 

One credit hour is available to California Bar members, workers' comp legal specialists and California claims professionals. The program is part of the monthly "One on One at 1" continuing-education series from WorkCompCentral Education. 

Learn more and register by clicking here.  


ONE OF THE HARDER INJURIES TO EVALUATE
The psychological component of a industrial claim might be the hardest claim to prove. Unlike a physical injury that can be X-ray or isolated on an MRI, a psyche injury can be recognized by a trained professional, not a machine. 

That's why we created "What Makes a Good Psyche Report, Anyway?" for workers' comp practitioners in Orange County and surrounding metro areas on Sept. 15. Instructor Dr. Julie Armstrong is a longtime psyche professional, with a practice in west Los Angeles. She acts as a Qualified Medical Evaluator and an Agreed Medical Evaluator in the California comp system. She also is a forensic psychologist and a psychology expert on Investigation Discovery's "Wicked Attractions," explaining the psychological underpinnings of murderous behavior in cases of perpetrators who work in pairs. 

Continuing-education credit is available for QMEs, California Bar members and California Claims Professionals. No CE hours are available with the state Board of Psychology, however. Everyone who registers and attends this live seminar will receive a copy of "Sullivan on Comp: Chapter 5 Injury."

The seminar starts at 9 a.m. Saturday, Sept. 15 at National University in Costa Mesa. Cost is $329, which includes a copy of "Sullivan on Comp Chapter 5: Injury." Learn more at Learn more.  Our seminars are all-inclusive and include continental breakfast, lunch and all learning materials. 


CALIFORNIA REFORM: the little bills 
The powers that be in California are pushing a package of workers' comp reforms, Senate Bill 863. The bill remains a mystery wrapped in speculation since this reform legislation was introduced within the past 7 days. (The California Legislature adjourns on Friday.)

This much is certain though. The Legislature has sent Gov. Jerry Brown three workers' comp bills for his signature. They are:

- Assembly Bill 2451: Authored by Assembly Speaker John A. Perez, D-Los Angeles. Survivors of a police officer or firefighter who dies from a specified condition must file for death benefits within 480 weeks from the date of injury, doubling the current 240-week deadline. 

- Assembly Bill 2493 authorizes the Division of Workers’ Compensation to certify and maintain a list of interpreters for medical exams and administrative hearings.

- Senate Bill 1513 would allow State Fund to invest up to 20% of its surplus in stocks, mortgages and mortgage-backed securities, as well as in stock of the Federal Home Loan Bank.

For full coverage of comp reform in Sacramento, read us daily.


NEWS DIGEST 

Florida: NCCI Calls for 3rd Consecutive Rate Increase: 08/24/12
Florida: Employers Calling for Change to Stem Rise in Outpatient Fees: 08/15/12
Illinois: Insurers Praise, Doctors Deplore Repackaged Drug Rule Decision: 07/26/12
Michigan: Proposed Rules on Repackaged Drugs Moving Forward: 08/29/12
Missouri: MO High Court Expands 2nd Injury Fund Liability for Dependent Claims: 08/02/12
Maine: Judge Rejects Bankruptcy Plan to Release Comp Trust Funds: 08/30/12
New Jersey: DWC Drops Set-Aside Approval Requirement for Settlements: 07/16/12
SPECIAL REPORT: N.Y. State Comp System Still Big, Busy, Embattled: 08/06/12
Texas: Attorneys Ask Supreme Court to Reconsider Ruttiger Bad-Faith Case: 08/14/12
Texas: Carriers Study DWC's Latest Utilization Review Rules Proposal: 08/17/12

Read the full articles with a WorkCompCentral subscription or buy the individual article. 

Subscribe to WorkCompCentral.

Buy Any Article using the News search tool on our web site. (Hint: type in the article headline.)


HAPPY LABOR DAY CELEBRATION
This year marks the 130th observance of Labor Day, though it didn't start out as a national holiday. The first Labor Day holiday was celebrated on a citywide scale in New York on September 5, 1882.

A history of this celebration of the achievements of American workers can be read here. 

TEST YOUR ACRONYM ACUMEN

The men and women who handle workers' comp claims speak in shorthand. If you've worked in the business, you know what I mean. 

AOE/COE is shorthand for "work-related." The EC is the employer-carrier, and the EE is the claimant/employee. Those are easy ones. 

Want to test yourself on workers' comp common acronyms? Try these: 


DOI: ______________________________________________

LC: _______________________________________________

MO: _______________________________________________

MMI: ______________________________________________

CT: _______________________________________________

PPD: ______________________________________________

TD: _______________________________________________

QIW: ______________________________________________

PRN: ______________________________________________

PBM: ______________________________________________

UR: _______________________________________________

ACOEM: ____________________________________________


ANSWERS: Date of Injury; Labor Code; Medical-Only (claim); Maximum Medical Improvement; Cumulative Trauma or Continuous Trauma; Permanent Partial Disability; Temporary Disability; Qualified Injured Worker; Return as Needed (when IW isreleased from active care); Pharmacy Benefit Manager; Utilization Review; American College of Occupational and Environmental Medicine (treatment guidelines).

If you got all 12 correct, you are a real pro. A bona fide WCP.

Claims Adjuster Survey Update

You received an email in early July inviting claims adjusters to take a survey and receive 75 for completing the questionnaire. That was a legitimate offer that came from us.

Nearly 70 people completed the questionnaire about speciality networks. That was a huge help! WorkCompCentral is selective and we haven't partnered with many companies on surveys like this one. However, it seemed like a good opportunity for adjusters to share their on-the-job experiences and make a little spending money in the process.

Wanted: Psyche Claims Speaker

Are you interested in speaking to a group about workers' comp psyche claims, either from a med-legal or a clinical perspective? If so, the California Association of Licensed Investigators needs you.

CALI District Governor Ryan Clocks is asking for "medical-legal and or attorney-related speakers to talk on how investigators can best assist them in doing their job. I would like a psychologist or psychiatrist to address evaluating/investigating psych or stress work comp claims."

You may email Ryan at rclock.precisionservices@gmail.com or by phone, (562) 502-7053. Ryan was a California work comp claims adjuster before becoming a full-time licensed investigator. 

Summer Live CE Series Continues

Three live continuing-education seminars are scheduled this summer for your consideration:

1)  SATURDAY, AUG. 4 
"Writing a Rateable Psyche Report" with Dr. Julie Armstrong, Psy.D9 a.m. to 3 p.m., Mills College, Oakland


CE CREDITS: 6 hour available for QMEs, attorneys and claims

Details: http://ww3.workcompcentral.com/Course/coursedetails/?category=42&id=727


2)  SATURDAY, AUG. 25 
Liens, the New Rules and the Coming Armageddon - Three Perspectives
9:00 a.m. - 4:00 p.m., National University, San Bernardino

CE CREDITS: 6 hour available for QMEs, attorneys and claims

Details: http://ww3.workcompcentral.com/Course/coursedetails/?category=42&id=731

3)  SATURDAY, SEPT. 15 Session III for Orange County 
"Writing a Rateable Psyche Report" with Dr. Julie Armstrong, Psy.D
9 a.m. to 3 p.m., National University, Costa Mesa

CE CREDITS: 6 hour available for QMEs, attorneys and claims

Call to be enrolled: 805-484-0333, ext. 113 or 133. 

Cost of all live summer seminars is $299 member price for qualifying WorkCompCentral paid subscribers; $329 for non-subscribers. You must call in a registration to receive the $299 special price. 

Registered Nurse Leads 8/10 Webinar

The next webinar in the monthly "One on One" series from WorkCompCentral deals with medical spending that delivers best results for the injured worker and his employer. 

Presenter Denise Gillen-Algire, RN, will offer claims payers tools and best practices to contain treatment and pharmacy costs and to achieve best outcomes for the injured worker. 

Denise is the program co-chair of the National Workers' Compensation & Disability Conference, being held Nov. 7-9 in Las Vegas. She is the Practice Leader for Risk Navigation Group's Integrated Health & Productivity Management practice. She holds an RN degree from the University of New Mexico and a Masters' in Business Administration degree from the University of Texas (Dallas). She is board certified in Occupational Health Nursing, and is a fellow of the American Association of Occupational Health Nurses. 

Continuing-education credit is available for participants. Go to https://ww3.workcompcentral.com/Course/coursedetails/?category=42&id=732 to learn more and to register. 

Go Where Everybody Knows Your Name

You probably noticed the gray bar across the top of the page if you visited WorkCompCentral.com anytime this month. It reads: "Community Coming Soon." 

What is Community? It is a new feature for WorkCompCentral subscribers to connect them with others in this industry. It's a cross between your Facebook profile and LinkedIn, only you control the privacy settings and manage your contact list. 

If you go to the WorkCompCentral.com home page, mouse over the gray "Community" bar. Point at the icons and see what happens. 

In Community, you are eligible to receive business referrals, make referrals, post testimonials about colleagues and much more. Also, you'll have an email in-box where messages from us about your account, live events or promotions (like the adjuster survey) will go. When you log into Community, you can see who messaged you. 

An official announcement is coming in August. We are excited to offer the workers' comp industry a place to call its own. Community!

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Calif. Lien Training Now Online

There are two short courses available about the new regulations in California regarding workers' comp liens. Both sessions were given live for WorkCompCentral and recorded.

- "Will the New Regs Put the Zombie Liens to Rest?" with attorney and author Michael Sullivan. 90 minutes. 

- "What's New About Liens at the WCAB" with Presiding Judge Paige Levy." 3 hours.
Find them under "What's New" at http://ww3.workcompcentral.com/Course/pods

Industry News Briefs

Recent news headlines about workers' comp in your state:

CA - AD Moran Says Calif. Lien Backlog Eliminated: 7/2/12
UT - Judges Suspended as Comm. Reviews Destruction of Medical Reports: 7/3/12
CT - WCC Moving Forward with Price Cap on Repackaged Drugs: 7/3/12
IL - State Will Seek Liquidation Order for Movers Self-Insured Pool: 7/3/12
OK - Senators Request Comp Study‚ 'Opt-Out' Supporters to Plan Strategy: 7/5/12
FL - Court Clarifies Admissibility Standard for Medical Reports: 7/5/12
IL - Court Orders Rehab. for Lumbermens‚ American Manufacturers: 7/6/12
NATION - X-Mod Formula Change Could be Costly for Employers: 7/11/12
All news stories are available for viewing with a paid subscription or one-time purchase. 

Subscribe at https://ww3.workcompcentral.com/subscribe/index

Buy an article using the News search tool at https://ww3.workcompcentral.com/news/index. From this page, use the pulldown menu to see only stories about that particular state. 

Dana Point conference reminder

Executive Director Lanette Hanson of the California Workers' Compensation & Risk Conference issued a reminder this week to register before Aug. 15 for the three-day event Sept. 19-21.

An early registration saves employers up to $150 off the regular price. Pricing and program information is at www.cwcriskconference.org. 

Dr. Rupali Das, the new medical director of the California DWC, is a featured presenter. Her  topic is utilization review best practices. Other DWC officials, including Administrative Director Rosa Moran, are scheduled to present. 

With 60 expert speakers, the conference has a charity golf tournament, networking events, a "Monte Carlo" night, and keynote speaker Ken Baldwin, who hosts NBC Sport’s “Season on the Edge” and is a celebrity dance instructor. The nightly activities include a salsa dance lesson and a competition. 

Who Do You Trust Nowadays?

My first day in journalism school, our professor faced an auditorium full of wide-eyed and eager reporters. This was in a more innocent time before the World Wide Web, blogs, social media and smart phones. 

Professor Don Ranley was his name, and I will never forget a simple rule he laid down for us:  
           
"If your mother says she loves you, check it out!" 

Over the next two years, our professors constantly challenged us to verify the source of our information. Cub reporters had to call back their sources and read back portions of the story before the newspaper went to print. Sometimes, our editors "killed" a story figuring it was better to be a day late than flat wrong.

Fast forward to 2012. There are no less than 52 social media sites (probably double that number) that are considered mainstream. Email, texts, tweets, Facebook status updates, instant messages - they all deliver snippets of information in nanobursts. Sadly, alot of our friends, colleagues and bloggers aren't checking their facts closely.

I offer some suggestions about who you can trust for information, how I know, and why.

1. People you know personally are better bets than anonymous strangers you read on the web.

2. Bloggers are not trained journalists. Journalism (whether people like to admit it or not) is a serious profession. Bloggers, like Matt Drudge of the Drudge Report, do a fine job covering politics. However, for every Drudge Report, there are 50 web sites that re-post other people's content without fact-checking it, or they publish opinion as fact without a disclaimer.

3. Don't be afraid to listen to both sides. The truth is usually somewhere in the middle.

4. Keep in mind what your mother told you. If it sounds too good to be true, it probably is.

5. Don't be afraid to ask questions. Writers aren't smarter than you; they just come off that way.

6. OK, here's a biggie! Don't hesitate to ask someone where they got their information. Do it politely without it being a challenge. Since not all sources of information are created equal, this is a fair question.

Who can you trust nowadays? News organizations that aren't biased toward an agenda or party. Web sites that offer both sides of an issue, too. Friends and colleagues who aren't easily fooled. Public speakers who admit they don't have all the answers. Because finding answers starts with asking the right questions.

If you don't believe me, go ask your mother. 

- Rob McCarthy, Newsletter Editor  

Update on New Lien Rules for California Comp

The Workers' Compensation Appeals Board released a set of rule changes governing liens on June 1, about a week after you read it here first. (It's not often that this newsletter scoops our News Department.) I incorrectly reported in May that the WCAB would give lien claimants 360 days after a case settles to file a lien. The WCAB shortened that time to 180 days - half the time originally proposed. Rule 10582.5 under "Dismissal of Liens for Lack of Prosecution" is the rule section.

If you are a lien claimant of any sort, you definitely will want to read about the new rules here.

Can 'Zombie' Liens Be Stopped? Find out on June 25

What is a "zombie" lien anyway? It's a lien for payment that was satisfied, and the file was closed. Yet, someone is calling and sending demand letters for payment on the lien. It's come back ... to haunt you. 

Learn more about the problem of "zombie" liens when author Michael Sullivan and lien hearing rep JP Navarro answer the question, "Will the New Regs Put Zombie Liens to Rest?" on a June 25 webinar.

It will last about 90 minutes and offer 1.5 continuing-education credits. For the details, click here.

The webinar is free to Sullivan on Comp subscribers. Becoming a subscriber is easy! Free offer

Psyche Injury and Evaluation

Psyche injury isn't a topic that gets prime-time attention in continuing education or on the workers' comp conference circuit. WorkCompCentral is proud to partner with Dr. Julie Armstrong, Psy.D, to deliver a seminar about psyche that has something for the psyche treater and the attorneys alike. 

"Writing a Rateable Psyche Report" takes place this Saturday here in Camarillo and on Aug. 4 at Mills College in Oakland. The cost is $329, and QME and MCLE credit is available. 

Psychiatrists and psychologists: This report-writing skills course will cover the applicable workers' comp law, what type of mental trauma is compensable and why, and what a report must contain to be substantial evidence at trial. 

Attorneys: You'll know what constitutes a good psyche report vs. a poorly written one. 

Need more info or to talk with a school adviser? Call 805-484-0333, ext. 113 or 133. 

Ellen Flynn Appointed Associate CJ 

Judge Ellen Flynn is replacing Mark Kahn as the associate chief justice of the Southern California offices of the Division of Workers' Compensation. Judge Kahn announced his retirement and will stay on as a retired judge through August, according to the DWC. 

Ellen Flynn has been the presiding judge at the Anaheim board for 21 years, and started her workers' comp legal career at State Fund. In 1991, she was chosen Judge of the Year. 

“I am deeply honored to have been chosen for this position,” said Judge Flynn. “I look forward to working with everyone in the Southern California offices and with the administration.”

News Digest

N.Y.: Comptroller Rejects $61M in Overpayments by SWCB. Link

CA: Valdez Decision Published. Link

N.Y.: Bill Expands NY Workers' Choice. Link

MO:  High Court Revives Widow's Tort Suit Against Statutory Employer. Read it.

Nation: Master Complaint Filed in NFL Concussion Litigation Suit. Read about it.

NCCI: Narcotics Costs on the Rise. Link

IL: Lawmakers Order That Claims Administration Be Contracted Out. Who's affected

Read them with a subscription or buy the individual article.