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Florianman kleinman

Insurance Defense at statue of liberty
Phone 8053878605 ext 2
Email flofloflo@floflo.com
Website -
Address 123 moliere avenue
thousand oaks
CA, 91360

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TN - House Passes Gig Economy Bill That Could Affect WC System

By William Rabb (Reporter)
03/20/2018 | 252 | 0 | 43 min read

The Tennessee House of Representatives on Monday voted 66-48 to give final approval to a bill that will classify hundreds of handymen, landscapers, house cleaners and others as independent contractors, not employees of online marketplace services. Rep. William Lamberth The Senate already endorsed the measure, and Tennessee Gov. Bill Haslam has said he won’t oppose it, assuring it will take effect later this year. Known as the “gig economy” or “marketplace contractor” bill, the measure will make Tennessee the eighth state to adopt or consider the rules, w... Read More

NATL. - IME Process Prone to Pitfalls, Attorney Says

By Elaine Goodman (medical/business Reporter)
03/20/2018 | 232 | 0 | 37 min read

Workers’ compensation claims managers are increasingly turning to independent medical evaluations to resolve issues pertaining to a claim without the expense of hiring a lawyer, a defense attorney said on Monday. Eugene Keefe But the strategy can backfire if claims adjusters and the companies providing IME services don’t watch what they’re saying in their correspondence, Chicago-based defense attorney Eugene Keefe said in a newsletter on Monday. “Both myself and my law partners have seen various claims where the non-lawyer WC IME background letter has ‘cooked... Read More

NY - Court Upholds Denial of Detective's Application for Disability Retirement Benefits

By WorkCompCentral
03/20/2018 | 83 | 0 | 5 min read

A New York appellate court upheld the denial of a police detective’s application for disability retirement benefits, finding he had not established that he was permanently incapacitated from the performance of his duties. Case: Matter of Ruggiero v. New York State Comptroller, No. 525324, 03/15/2018, published. Facts and procedural history: Michael Ruggiero worked for the City of New York as a police detective. In July 2010, he suffered injuries in an assault by an individual he was attempting to detain. Ruggiero filed an application for accidental disability retirement benefits based... Read More

GA - Judge Used Wrong Standard of Review to Overturn Denial of Worker's Request for Fees

By WorkCompCentral
03/20/2018 | 76 | 0 | 20 min read

The Georgia Court of Appeals vacated a trial judge’s ruling overturning a decision that denied an injured worker’s request for an additional attorney fee, saying the trial judge had applied the incorrect standard of review. Case: Amguard Insurance Co. v. Kerkela, No. A17A1498, 03/13/2018, published as physical precedent. Facts and procedural history: Matthew Kerkela filed a workers’ compensation claim seeking benefits for injuries he allegedly suffered while working as a restaurant manager. One week before a scheduled hearing on his claim, the insurance carrier for Ke... Read More

OH - Inconsistent Testimony of Medical Expert Made Directed Verdict Inappropriate

By WorkCompCentral
03/20/2018 | 51 | 0 | 71 min read

An Ohio appellate court overturned a directed verdict in favor of an employer on the compensability of a worker’s back injury, saying a jury needed to resolve the inconsistencies in the testimony of the medical expert. Case: Ellis v. Columbus Developmental Center, No. 17AP-384, 03/13/2018, published. Facts and procedural history: Kimberly Ellis worked for the Columbus Developmental Center as a licensed practical nurse. She filed a workers’ compensation claim after injuring herself at work in October 2014. The Bureau of Workers’ Compensation determined that she had suffered... Read More


CA - Jacobsmeyer: Sanity Prevails at 4th DCA

By Richard M. Jacobsmeyer
03/20/2018 | 128 | 0 | min read

The 4th District of the Court of Appeals has reversed a puzzling Workers' Compensation Appeals Board decision that had awarded total temporary disability benefits beyond five years from the date of injury, ignoring the plain language of Labor Code 4656(c)(2). Richard "Jake" Jacobsmeyer In County of San Diego v W.C.A.B. (Pike), the appellate court had little difficulty in reading the rather straightforward statutory language to firmly reverse the workers' compensation judge and WCAB decisions awarding TTD beyond the five-year jurisdi... Read More

VT - Student Teacher Qualified as 'Employee' for Purposes of Workers' Comp

By WorkCompCentral
03/20/2018 | 59 | 0 | 20 min read

A plurality of the Vermont Supreme Court ruled that a student teacher qualified as an “employee” of a school district for purposes of receiving workers’ compensation benefits for an injury she sustained while participating in an unpaid internship program. Case: Lyons v. Chittenden Central Supervisory Union, No. 2016-036, 03/16/2018, published. Facts: In 2013, Catherine Lyons decided to pursue an elementary education teaching license in Vermont. To earn her teaching license, the Vermont Agency of Education required that Lyons perform 12 weeks of student teaching. Lyons enro... Read More

Sullivan On Comp

LA - Mother of Worker's Child Should Have Been Granted More Time for Discovery

By WorkCompCentral
03/20/2018 | 51 | 0 | 11 min read

A Louisiana appellate court ruled that the mother of a deceased worker’s minor child should have been granted additional time to conduct discovery into the compensability of the worker’s death. Case: Allen v. Pelican, No. 2017-CA-0833, 03/14/2018, published. Facts: Michael Mack Sr. worked as a cook for the Blind Pelican, a restaurant. On Dec. 26, 2015, he went into the bathroom while working at the restaurant. Mack suffered a heart attack. The 33-year old was rushed to the hospital, where he died later that night. Procedural history: The mother of Mack’s child filed a cla... Read More

CA - Applicant Accused of Exaggerating Symptoms

03/20/2018 | 868 | 0 | 25 min read

A Southern California food service worker was arrested last week on charges that she exaggerated the extent of her injuries in order to continue receiving workers’ compensation benefits, according to Intercare Holdings Insurance Services. Saba Teafaselase of Redlands was arrested March 13 and charged with five felony counts of workers’ compensation fraud and insurance fraud. Teafaselase filed a workers’ compensation claim in July 2016 for a shoulder injury that she said she sustained while working for Redlands Community Hospital when she slipped in a puddle of water and fel... Read More

NY - Dairy Factory Slapped With $144K in Penalties for Alleged Safety Violations

03/20/2018 | 52 | 0 | 62 min read

A manufacturer of cheese and dairy products in Waterloo, New York, has been cited for allegedly failing to correct safety violations found after employees were burned by hot milk. Summit Milk Products LLC was cited on March 1 by the U.S. Occupational Safety and Health Administration. The manufacturer faces $143,954 in proposed penalties for uncorrected and new violations. OSHA inspected the company’s facility in January 2017 after employees were seriously burned by milk that was hotter than 150 degrees, the agency said. Another inspection was launched in September because the company h... Read More

OH - Auto Parts Maker to Pay $1 Million in Safety Settlement

03/20/2018 | 51 | 0 | 7 min read

Auto parts manufacturer Sunfield Inc. has agreed to a settlement with the federal Occupational Safety and Health Administration that includes a $1 million penalty. The company has also agreed to hire a safety and health coordinator to resolve violations OSHA found at the company’s plant in Hebron, Ohio. OSHA investigated the facility in January and February 2016 after two employees were severely injured when they came in contact with moving machine parts. The inspection found that the company lacked adequate power press guarding and energy-control procedures that could have prevented t... Read More

AZ - ICA Proposes Rules, Form for Pre-Authorization Process

03/20/2018 | 88 | 0 | 70 min read

The Industrial Commission of Arizona has proposed adopting a form that providers would be required to use when requesting authorization to treat injured workers. The commission already took steps to expand the treatment guidelines it adopted in 2016 to cover all injuries, according to a rule-making notice published in the March 16 Arizona Administrative Register. The commission two years ago adopted the Official Disability Guidelines, published by the Work Loss Data Institute, as its evidence-based treatment guidelines for chronic pain. During a December meeting, the commission declared ODG ... Read More

NC - State Hires 15 Insurance Fraud Investigators

03/20/2018 | 218 | 0 | 10 min read

The North Carolina Department of Insurance has hired 15 new agents to fight a rising tide of insurance fraud. Mike Causey The state's General Assembly last year appropriated $2.4 million to hire the agents after fraud arrests jumped to 334 in 2017, a 60% increase from the previous year, state Insurance Commissioner Mike Causey said in news release. Each month, the department receives 400 to 500 fraud complaints, Causey said. The new agents were trained at the department's anti-fraud academy and include a crime analyst, forensic accountant, attorneys and special agents. ... Read More

OH - BWC Proposes Changes to Formulary, Fee Schedules

03/20/2018 | 150 | 0 | 68 min read

The Ohio Bureau of Workers’ Compensation has announced proposed changes to fee schedules, claims procedures, adjustment factors and its vaunted drug formulary. The bureau is accepting public comments on the fee schedules and formulary changes until Thursday, March 22, and on the claims procedures until April 12, according to information released Monday. If approved later this spring, the formulary changes would: Remove the opioid antagonists Suboxone (buprenorphine and naloxone) and Subutex (buprenorphine only) from the list of approved outpatient medications covered by workers... Read More

CA - CWCI Elects Directors for 2018

03/20/2018 | 279 | 0 | 24 min read

The California Workers’ Compensation Institute announced that Rose Barrett of Berkshire Hathaway Group was elected chairwoman of its board of directors for 2018. Rose Barrett Barrett, an actuary, joined CWCI’s board of directors as a representative of AIG in 2014 and has served on the institute’s Executive Committee since 2015. CWCI reported that the following were also elected to serve on its board: Sharon Thaler, AIG. Roger Moseley, Alaska National Insurance Co. Paul Ziegler, Allianz Global Corporate and Specialty. Justin Boardman, Chubb. David Macy, E... Read More