Santa Maria & Company Risk News
  July 2008
Dear Janelle,

Thank you for viewing this material. We are pleased to provide this service to you, and to provide up to date information regarding risk management, insurance industry news, products and changes.

 
NEW CELL PHONE LAW IN EFFECT TODAY
quakeThe first law prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle, (Vehicle Code (VC) §23123). Motorists 18 and over may use a "hands-free device." Drivers under the age of 18 may NOT use a wireless telephone or hands-free device while operating a motor vehicle (VC §23124).  The base fine for the FIRST offense is $20 and $50 for subsequent convictions. With the addition of penalty assessments, the fines can be more than triple the base fine amount.  The violation is a reportable offense, however, DMV will not assign a violation point.

For more information...
SPOUSE'S INCOME NOT FACTOR IN COMP BENEFITS:  COURT
wcCHEYENNE, Wyo.-A spouse's income cannot be taken into account when calculating a workers compensation claimant's permanent total disability benefits, Wyoming's Supreme Court unanimously ruled Monday.

The ruling in State of Wyoming, ex rel., Wyoming Workers' Safety and Compensation Division vs. Richard A. Johnson upholds a 2007 district court reversal of a hearing officer's decision to deny benefits because of income generated by Mr. Johnson's wife, court records show.

Read on...
CALIFORNIA APPEALS COURT UPHOLDS LIMITS ON CHIROPRACTIC TREATMENTS
Gavel

San Francisco, CA -- This week a Court of Appeal in California upheld the Legislature's ability to limit treatments to reduce fraud and excessive expenses in the workers' compensation system.

Insurance Journal reported in the case of Jose Facundo-Guerrero v. Workers' Compensation Appeals Board, Nurserymen's Exchange et al., that Facundo-Guerrero received 76 chiropractic treatments following an industrial injury that occurred while he was working for Nurserymen's Exchange, whose insurer was Argonaut Insurance Co.

Read on...
OFF-PREMISES INJURY COMPENSABLE:  COURT
hsa

TRENTON, N.J.-A computer technician struck by a car while crossing a street to purchase cigarettes and snacks is entitled to medical and temporary disability workers compensation benefits, a New Jersey appeals court ruled last week.

In 2003, the technician, Carlos Cruz, was driving a company van en route to a client when he parked across the street from a delicatessen to take his "usual morning break," according to court records in the case of Carlos Cruz vs. Micros Retail Systems Inc.

Read on...

GREENBERG TO PROCEED WITH LEHMAN INVESTMENT

investmentJune 12, 2008 NEW YORK (Reuters)-Billionaire investor Maurice R. Greenberg, through a spokeswoman, said Thursday that he is buying shares in Lehman Brothers Holdings Inc. as planned in the wake of the company saying it expected to post a $2.8 billion quarterly loss and announcing management changes.

Mr. Greenberg, who is making the investment through a firm he controls, has not specified exactly how many shares he is buying in Lehman, having characterized it as a "pretty good size stake." He decided to take the stake earlier this week, after Lehman announced plans to boost capital.
 
PENALTY SET FOR VIOLATIONS OF HSA CONTRIBUTION RULE

hsaWASHINGTON-Employees taking advantage of a 2006 law that allows them to make the maximum annual contributions to health savings accounts will face stiff financial penalties if they don't meet all the conditions of the law, according to Internal Revenue Service guidance.

IRS Notice 2008-52, released Tuesday, provides guidance for provisions in a 2006 law intended to increase the appeal of HSAs. The law allows employees to make the maximum annual contribution to an HSA, regardless of when during a year they enrolled in the HSA-linked high deductible health plan.

 
Sincerely,
 

Santa Maria & Company
phone: (925) 988-8085
In This Issue
NEW CELL PHONE LAW IN EFFECT TODAY
SPOUSE'S INCOME NOT FACTOR IN COMP BENEFITS: COURT
CALIFORNIA APPEALS COURT UPHOLDS LIMITS ON CHIROPRACTIC TREATMENT
OFF-PREMISES INJURY COMPENSABLE: COURT
GREENBERG TO PROCEED WITH LEHMAN INVESTMENT
PENALTY SET FOR VIOLATIONS OF HSA CONTRIBUTION RULE
FEATURED ARTICLE
email2
FEATURED ARTICLE

New Contact Emails
In an effort to streamline processes for our clients, we have created three new emails addresses for several routine tasks.  Requesting Certificates of Insurance and MVRs is now easier than ever, and all new Claims can be submitted to one email address.

Certificates of Insurance

certificates@santamariarisk.com

MVRs
mvrs@santamariarisk.com

Submit a New Claim
claims@santamariarisk.com

If you have any questions, please don't hesitate to contact our office.
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Santa Maria & Company | 1777 N. California Blvd., Suite 310 | Walnut Creek | CA | 94596