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August 12, 2005 9:42 PM
Workers' Compensation News - August 10, 2005, Volume 3 Issue 309

-Esther Weissman, 73, labor lawyer, helped to alter compensation law 
-CMS, In A Series of New Q & A's, Announces It Will No Longer Review Settlements Less Than $10,000
-Federal Asbestos Legislation Will Erode Workers' Compensation 

These and other articles available at http://www.gelmans.com

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NJ WORKERS' COMPENSATION RATES ANNOUNCED FOR 2006
Temporary Disability Rate $691 max /$184 min 
Permanent Partial Diability $691 max /$35 min
Total Disability Rate $691 max /$184 min 
Death Benefits $691 max 

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LATEX - INTENTIONAL TORT
Latex Plaintiff Tells 5th Circuit Employer Committed Intentional Tort Of Battery
A nurse anesthetist with an alleged latex allergy is arguing to the Fifth Circuit U.S. Court of Appeals that a district court erred in ruling that her former employer was improperly joined in her lawsuit against latex glove manufacturers (Brenda Larroquette v. Cardinal Health 200 Inc., et al., No. 05-30020, 5th Cir.).

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SSA ANNOUNCES NEW RULES FOR DISABILITY APPLICATIONS
SSA Announces Proposed Rules to Revamp Administrative Review Process in Disability Claims
The twin objectives of these changes are (1) to make the "right decision" as soon as possible and (2) to foster return to work as soon as possible.
70 FR 43589-43624 (July 27, 2005)
http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-14845.htm

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CONCENTRA TO EXPAND
Concentra to Acquire Occupational Health + Rehabilitation Inc; Will Expand Company's Health Services Division in New and Existing Markets in New England, the Midwest, and Southeast 
Concentra Operating Corporation ("Concentra" or the "Company") today announced that it has executed a definitive agreement to merge Occupational Health + Rehabilitation Inc ("OH+R") (OTC:OHRI), a leading occupational healthcare provider with 34 centers in 10 states, with its Concentra Health Services division. When completed, the transaction will extend the reach of Concentra's occupational health division to six new states and strengthen the presence of its existing network of health centers. 
http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=news_view&newsId=20050808005853&newsLang=en

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CASES
An employee who sued a workers' compensation carrier under the Medicare Secondary Payer (MSP) Act, challenging the terms of a lump-sum settlement, lacked possibility of incurring future injury, and therefore lacked standing to maintain a cause of action. Medicare's purported ability to "disregard" a settlement under certain circumstances merely operated to permit the Centers for Medicare and Medicade Services (CMS) to pursue payment for medical expenses incurred by Medicare from insurer or employer, and then only when it was clear that the parties to the settlement had intentionally shifted responsibility for known future medical expenses to Medicare. Social Security Act, Sec 1862(b)(1), as amended 42 U.S.C.A. 1395y(b)(1); 42 C.F>R. 411.45.
Frazer v. CNA Insurance Company, et al., 374 F. Supp. 2d 1067 (March 4, 2005)

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CALENDAR
Sept. 30-Oct. 1: WILG's Worker Justice Summit programming in Kansas City, co-sponsored with IWJ. 
http://www.wilg.org

Nov. 3-6: Association of South Carolina Claimant Attorneys for Workers' Compensation, at The Grove Park Inn and Spa in Asheville, NC

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Publications:
2005 Pocket Part to Workers' Compensation Law (Volumes 38/39/39A) has been released on Westlaw http://www.westlaw.com (search under database NJPRAC) and been released in print and on CD-Rom.
http://west.thomson.com/product/17152728/product.asp
or call 1-800-344-5008

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