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October 16, 2004 7:47 PM
Workers' Compensation News - October 12, 2004 Volume 2 Issue 239

 Recent decisions posted to our web site: 
-CMS MEDICARE SECONDARY PAYER ACT: ALLEGED OVERPAYMENT COULD NOT BE WAIVED
-EXCLUSIVITY BAR
-SPOLIATION OF EVIDENCE 
-ENIVORMENTAL TOBACCO SMOKE - SECOND-HAND SMOKE 
-AMPUTATION SUPPLEMENTAL PAYMENT
-EMPLOYMENT STATUS
For these stories and others visit our web site http://www.gelmans.com

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WHAT''S INSIDE OUR NOVEMBER 2004 NEWSLETTER
-Vioxx Recalled Worldwide
-How to Apply for a Handicapped Placard
-Ford Door Latch Personal Litigation
-CMS Assist(tm) - New Support Group for Professionals
-Gelman to Speak at NOSSCR on Medicare
Download Newsletter 26Focus on the Law6 (Nov 2004)
http://www.gelmans.com/FrontEnd/ReadingRoom/vwFile.asp?FileId=223

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BREAKING NEWS
CMS - MEDICARE SECONDARY PAYER ACT - NEW ADDRESSES
Contacting the COB Contractor 
http://cms.hhs.gov/medicare/cob 

Address general written inquiries to:
MEDICARE - Coordination of Benefits 
P.O. Box 5041
New York, NY 10274-5041

Mail questionnaires and correspondence to: 
MEDICARE - COB
Data Match Project
P.O. Box 125
New York, NY 10274-0125 

MEDICARE - COB
MSP Claims Investigation Project
P.O. Box 5041
New York, NY 10274-5041 

MEDICARE - COB
Voluntary Agreement Project
P.O. Box 660
New York, NY 10274-0660

MEDICARE - COB
Initial Enrollment Questionnaire Project
P.O. Box 17521
Baltimore, MD 21203-7521

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FEDERAL ENERGY EMPLOYEES COMPENSATION PROGRAM
Congress Debates Reforms to Nuclear WC Program
Congressional lawmakers agree a program to compensate sick nuclear weapons workers is broken, but how to fix it is the subject of debate on Capitol Hill. 
http://www.insurancejournal.com/news/national/2004/10/06/46570.htm

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AIG: WHY THE EFDS ARE PLAYING HARDBALL
The financial giant says it's cooperating with investigators from the SEC and Justice, but evidence suggests otherwise .
Business Week
http://www.businessweek.com/bwdaily/dnflash/oct2004/nf2004107_1972_db016.htm

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IBC - INTERSTATE BAKERIES FILES FOR BANKRUPTCY
Company reports that a debt load of $748 has been the problem and cites a CALIFORNIA $40 million charge against earnings to boost its workers' compensation fund, after higher costs in California and rising health-care expenses totaled more than expected for fiscal 2004. In July, Interstate said the Securities and Exchange Commission had begun an informal inquiry related to its workers' compensation reserves.
http://www.corporate-ir.net/ireye/ir_site.zhtml?ticker=IBC&script=410&layout=-6&item_id=617546

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CHOICE OF LAW
Workers' Compensation: Provision in workers' compensation insurance policy set forth choice-of-law provision.
A provision of a workers' compensation insurance policy requiring the carrier to pay benefits required of an employer by the workers' compensation laws of Wisconsin set forth a choice-of-law provision to be applied regardless of where the claim was filed and to restrict benefits to the extent that they were payable under Wisconsin law, not to restrict coverage to claims filed in Wisconsin. The claimant had been injured in Wisconsin but filed his claim in Illinois, which was the claimant's state of residence. Treating the provision as a choice-of-law provision avoided having the employer's coverage rest totally on the claimant's whim in the choice of a forum state to process the claim.
Lenny Szarek, Inc. v. Maryland Cas. Co.2004 WL 2157684 (Ill.App. 1 Dist.)

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ASBESTOS LEGISLATION STALLED IN SENATE
Key Disputes Hold up Asbestos Bill: Top Senators Agree on Size of Trust Fund for Ill Claimants 
With Congress set to adjourn this week, lawmakers remained at odds over a sweeping asbestos reform bill that supporters said would ease clogged court dockets around the country. 
St. Louis Post-Dispatch 
http://www.stltoday.com/stltoday/news/stories.nsf/nation/story/FDEB13489513A5C286256F25000F4DC8?OpenDocument&Headline=Key+disputes+hold+up+asbestos+bill&highlight=2%2Casbestos

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NJ-EAST WINDSOR TOWNSHIP MANAGER TERMINATED WHILE ON WC
Township Manager J. Paul Keller said he was fired unfairly this week, one day after the Township Council voted unanimously to terminate him.
http://www.zwire.com/site/news.cfm?newsid=13100150&BRD=1091&PAG=461&dept_id=425728&rfi=6

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JOCKEY STOPS RIDING FOR LACK OF COVERAGE
Jockeys in five states are covered by workers' compensation in the advent of being disabled while riding,
http://www.courier-journal.com/cjsports/news2004/10/04/C8-belm1004-3518.html

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FALLING THROUGH THE CRACKS OF THE WORKERS' COMPENSATION SYSTEM
...fallen through cracks in the workers' compensation system, he now ponders a wrenching question: "Am I going to have to go bankrupt?"
http://www.latimes.com/business/la-fi-riskshift10oct10,1,3802347.story?coll=la-headlines-business

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LIBERTY NORTHWEST DISCLOSES TAX BREAKS
Deal gave Liberty a tax break Nine years ago, insurer Liberty Northwest arranged to pay no taxes on its corporate profits to Portland or Multnomah County 
http://www.oregonlive.com/news/oregonian/index.ssf?/base/front_page/109749597984150.xml

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CALENDAR

NOSSCR SEMI-ANNUAL NATIONAL MEETING 
CMS Presentation for Attorneys at the National Organization of Social Security Claimants Representatives Conference NOSSCR Nov. 11-13, 2004 at Philadelphia Marriott
Maximizing and Expediting Workers' Compensation Recoveries While Navigating the Treacherous Waters of the Medicare Secondary Payer Act
http://www.gelmans.com/FrontEnd/ReadingRoom/vwArticle.asp?ArticleId=512&PracticeAreaId=-1
NOSSCR's semi-annual meeting Philadelphia, PA - November 10-13, 2004. The National Organization of Social Security Claimants Representatives has been actively following all developments concerning the impact of CMS on other programs.
http://www.nosscr.org

NEW ENGLAND COLLEGE OF OCCUPATIONAL & ENVIRONMENTAL MEDICINE
December 2 and 3, 2004, Renaissance Hotel, Bedford, MA
Complete program and general information at http://www.necoem.org/

NJ BAR ASSOCIATION / ICLE
Medicare Secondary Payer Act 
Bench Bar Meeting NJ 12.15.04
www.njicle.com

ANNUAL NATIONAL WORKERS COMPENSATION CONVENTION JULY 2005
July 19-21, 2005, Hyannis, Cape Code, Massachusetts
www.seak.com

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