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Workers’ Compensation Committees
PRESS RELEASE

March 16, 2007

Hervey Levin, the first President of the College swears in the FellowsOn March 2, 2007 “The College of Workers’ Compensation Lawyers” inducted the first class of Fellows in Naples, Florida during the Mid Winter Meeting of the ABA section on Labor & Employment, Workers’ Compensation section. Forty Eight lawyers from all over the country were selected for this prestigious recognition.

The College wishes to acknowledge financial support from the Labor and Employment Section and from the Tort Trial and Insurance Practice Section of the American Bar Association. The 2008 College Induction dinner will take place in conjunction with the Tort Trial and Insurance Practice Section’s, Workers Compensation and Employer Liability Committee's National CLE program in Chicago, Il., to be held at the InterContinental Hotel from March 26 - 28, 2008. The Induction dinner will take place on Friday, March 28, 2008. See you then. Thereafter, the Induction dinners will alternate between the two Sections.

March 2, 2007 - First Class of Fellows Inducted

March 2, 2007 - First Class of Fellows Inducted

March 2, 2007 - First Class of Fellows Inducted

March 2, 2007 - First Class of Fellows Inducted

March 2, 2007 - First Class of Fellows Inducted

March 2, 2007 - First Class of Fellows Inducted

March 2, 2007 - First Class of Fellows Inducted

March 2, 2007 - First Class of Fellows Inducted

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The Tort Trial and Insurance Practice Section of the American Bar Association featured its Workers’ Compensation and Employers’ Liability Committee for March 2008.

Chaired for 2008 by Leonard Y. Nason, Principal, the Law Office of Leonard Y Nason, Bedford, MA, the Workers' Compensation and Employers' Liability Law Committee focuses on the interpretation and construction of state workers' compensation law and monitors national trends in the field.

In March 2007, the Committee, with co-sponsorship by the College, presented the Workers’ Compensation National Program, “National Trends, Emerging Issues and Cutting Edge Medical Disability Determinations Affecting All State Workers’ Compensation Laws.” the March ABA Journal wrote about the program and several of the speakers. To learn more about the Workers’ Compensation and Employers’ Liability Law Committee and how to join, visit their Web site: http://www.abanet.org/tips/workers/home.html

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DNA Poised to Show Its Civil Side
ABA Journal, March 2008
by Mark Hansen

The advent of DNA testing in the mid-1980s revolutionized the criminal justice system. Now a new type of DNA technology is ready to have a similar effect on civil litigation.

Its creators say the technology can determine with near certainty wheth­er an individual has been physically injured from exposure to a particular chemical, such as benzene.

Read the entire article at:
http://www.abajournal.com/magazine/dna_poised_to_show_its_civil_side/

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News Concerning Developments with regard to
Medicare Set Aside proposals
January 2, 2008

During the end of year deliberations by Congress a provision was included in Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (S. 2499) imposing new requirements for MSP submissions by or on behalf of Liability Insurance, self-insurers, no fault insurance, and workers' compensation laws and plans.

Effective 18 months after enactment (June 2009), the statutory language requires that the applicable plan determine whether a claimant, including an individual whose claim is unresolved, is entitled to benefits under Medicare on any basis, and submit the identity of the claimant to the Secretary of HHS in order to enable the Secretary to make an appropriate determination concerning coordination of benefits.

The information about each claimant is to be submitted within a time specified by the Secretary after the claimant is resolved through a settlement, judgment, award or other payment, regardless of whether  or not there is a determination or admission of liability.

An applicable plan failing to comply with the new requirements is subject to a civil money penalty of $1,000 for each day of non-compliance with respect to each claimant.

These new reporting requirements were developed by and supported by Senator Baucus and Senator Grassley as part of the legislation to increase physician payments and the physician quality reporting system. The Congressional Budget Office projected that Section 111 would generate $1.1 billion in offsets for additional federal outlays under S 2499 over the 10 year budget period ending 2017.

Douglas J. Holmes, President
UWC- Strategic Services on Unemployment & Workers' Compensation
910 17th Street N.W., Suite 315
Washington, DC 20006
Phone: 202-223-8904
holmesd@UWCstrategy.org

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ABA Urges Corrective Legislation to Address Medicare Set-Aside Problems
Workers’ Compensation Settlements and Medicare “Set Asides” ABA Urges Corrective Legislation
 

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