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The Kentucky Finance Cabinet has announced that the mileage reimbursement rate for April 1 through June 30, 2009 , will be 38¢ per mile.
The Controller’s website has been updated to reflect this change at http://finance.ky.gov/internal/travel/ .
The LexisNexis Workers’ Compensation Law Center Powered by Larson’s recently selected Marcus A. Roland of the Lexington, Kentucky based firm Roland Niemi Law Group, to serve as a member of the Larson’s National Workers’ Compensation Advisory Board.
The LexisNexis Workers’ Compensation Law Center Powered by Larson’s is an interactive site on the free web for the entire workers’ compensation community. The site contains expert commentary, blogs, news headlines, podcasts, movers & shakers, webinars, free article downloads, web polls, top cases, Larson unplugged, and much more.
Roland, who oversees his firm’s workers’ compensation blog, OUCH!, will be the only Kentucky attorney serving on the advisory board. As a member, he will provide updates on Kentucky workers’ compensation issues, assist in identifying notable people in and blogs on workers’ compensation and contribute his own articles and blog posts. Roland Niemi Law Group’s blog, OUCH! has also been recognized by Lexis/Nexis as one of the top 25 workers’ compensation blogs of 2008.
LexisNexis® is a leading global provider of business information solutions to professionals in law firms, corporations, government, law enforcement, tax, accounting, academic institutions and risk and compliance assessment. LexisNexis originally pioneered online information with its Lexis® and Nexis® services. A member of Reed Elsevier, LexisNexis helps customers achieve their goals in more than 100 countries, across six continents, with over 13,000 employees. See http://www.lexisnexis.com.
Commissioner Dwight T. Lovan of the Department of Workers’ Claims has announced that the final proposed change to the hospital fee schedule regulation, 803 KAR 25:091, has been submitted to the Legislative Research Commission and will be considered by the Regulatory Review Subcommittee at its regular meeting in April. If approved by the Subcommittee, this regulation will replace the existing regulation.
A copy of the proposed regulation as modified after comments can be viewed here.
Take a look at the new rolandniemi.com. New content is on the way as well. Let us know what you think.
The Kentucky Court of Appeals recently rendered a to-be-published decision dealing with what constitutes a university evaluator per KRS 342.315. In Morrison v. The Home Depot, 2007-CA-002457-WC, the Court heard claimant’s case on his second appeal regarding whether Dr. Martyn Goldman qualified as a university evaluator under KRS 342.315, which provides for referral of claimants to a university evaluator whose decisions are given presumptive weight in workers’ compensation proceedings. In Morrison, the claimant had been referred for a .315 evaluation with Dr. Goldman as a result of persisting questions regarding claimant’s shoulder. Morrison moved to strike Goldman’s report alleging he was not employed by a university medical school and, thus, did not qualify as a university evaluator. The ALJ denied the motion and relied on Goldman in rendering his opinion.
Morrison then launched his first appeal. The Kentucky Supreme Court reversed and remanded to the ALJ for additional proceedings since the record was silent on whether Goldman was affiliated with a university medical school as required by KRS 342.315. Morrison v. The Home Depot, 197 S.W.3d 531 (Ky. 2006).
On remand, the evidence established that while Goldman had an affiliation with a private medical assessment clinic as an independent contractor, he still qualified as a university evaluator under KRS 342.315 because he was affiliated with the University of Louisville Medical School as a non-tenured professor and had been so since 1961. The medical school had not contracted with the private assessment clinic for the evaluation; it had contracted with Goldman. The ALJ again found Goldman qualified as a .315 evaluator.
Morrison again appealed alleging that because the appointment was made through a private clinic it violated KRS 342.315. A majority of the Workers’ Compensation Board upheld the ALJ’s ruling, finding there was no evidence that the medical school had contracted with the private clinic and there was substantial evidence that Goldman was an assistant professor of orthopedic surgery and on the staff of the University of Louisville Medical School.
The Court of Appeals concurred, finding that Dr. Goldman was affiliated with the University of Louisville School of Medicine and may therefore serve as a university evaluator under KRS 342.315.
All judges concurred.
