LexisNexis Worker's Compensation Law Center Weekly eNewsletter
Vol 1, Issue 1
January 27, 2010
Our Free Weekly eNewsletter Gets a New Look!
Easy to read & navigate
In This Issue
Recent Panel Decisions
Blog Roundup
News Roundup
Officials in the News
Emerging Issues Analysis
A Note From the Editor

Robin Kobayashi

Dear Community Members:
At long last we have a new format for our free, weekly eNewsletter. I hope that you find it easier to navigate and use.
Thanks to all of our beta testers for their invaluable feedback and guidance. I look forward to hearing everyone's feedback & suggestions.

Robin E. Kobayashi, J.D.

Workers' Comp Lead Editor 

 The Top 10 Cases of 2009

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Larson's Workers' Compensation Law editors announce their selections for the Top 10 Workers' Comp Cases nationwide for 2009.

Quick Links

Top 25 Blogs for 2009

California Top Cases (updated 1/26/2010)

CALIFORNIA TOP CASES, powered by California Compensation Cases - Court of Appeal found granting of Pitchess motion was abuse of discretion because arresting officer's records relating to workers' compensation claims, disability, and false time sheets were not relevant to defendant's claims that he did not resist arrest or make gang related statements, and that arresting officers illegally detained him and used excessive force during arrest. 

The Citeability of Blogs
Did you know that federal and state courts, including the Ninth Circuit and the California Courts of Appeal, have cited blog posts in their opinions?  

Read about it here
Web Poll in Progress - 2010 Reforms

Do you expect major workers' comp reforms in your state this year?

Yes - 25%

No - 75%
The Meaning of "Noteworthy"
What is a "noteworthy" panel decision for purposes of the LexisNexis database? Read the definition.
recent panel decisions - sneak preview
Check out these recent panel decisions that we're considering for the LexisNexis database:
Liens; Procedural Rights; Failure to Make Appearance--WCAB rescinded WCJ's Order dismissing lien claimant's lien for durable medical equipment provided to applicant, notwithstanding lien claimant's failure to appear at trial after receiving proper notice; WCAB held that prior to dismissing lien WCJ had duty to at least consider lien claimant's objection to determine whether it was timely and whether good cause existed for lien claimant's failure to appear at trial. See Rios v. MJO Staffing, Inc. (free download)


Permanent Disability; Rating; AMA Guides--WCAB affirmed WCJ's finding that opinion of applicant's primary treating physician, an orthopedist, constituted substantial evidence to support determination that applicant suffered compensable injury in form of sleep disturbance as a consequence of industrial right hand and wrist injuries and that sleep disturbance resulted in 9 percent whole person impairment under AMA Guides. See Delgado v. PRL Glass Systems (free download)


Permanent Disability; Rating; AMA Guides--WCAB rescinded WCJ's finding that applicant suffered 26 percent permanent disability after apportionment as a result of low back injury, and held that, while placement of applicant's condition in DRE 5 category of AMA Guides for purposes of rating disability under 2005 Schedule was correct since this category most accurately reflected her impairment as described in  AMA Guides, AME's opinion that applicant's level of permanent disability was greater than his initial finding of 25 percent whole person impairment under DRE 5 category of AMA Guides, which allows a range of 25 to 28 percent, with an additional 3 percent add on for pain, constituted substantial evidence to support a WPI at top of DRE 5 category, or 28 percent, plus a 3 percent add-on, for a total of 31 percent WPI. See Johnson v. The Grand Bouquet Florist (free download)

blog roundup
Stephen Gargaro

Revisiting Rolda: Winning a "Good-Faith Personnel Action" - Stephen T. Gargaro at McDermott & Clawson reminds defendants to send all of the evidence needed to support the good-faith personnel action defense to the doctor before the medical examination of the worker. Read more


CWCI Scorecard Examines Agriculture Claims in the California Workers' Compensation System - CWCI's Scorecard shows agriculture claims have been growing, up to 7.7% of AY 2008 claims and 7.8% of workers' comp payments. Read more 

Cal Comp Cases

Cal. Comp. Cases January Advanced Postings 1/20/2010 - Defendant was estopped from asserting the Labor Code 5405 statute of limitations defense, notwithstanding that defendant provided applicant with a CWCI pamphlet. Read more


Avatar Judge

Avatars in the Workplace: A Legal and Ethical Minefield? - Robin Kobayashi takes a look at the good and the bad about using avatars in a virtual workplace. Read more 

Fraud Sign

Workers' Comp Fraud Blotter 1/22/2010 - Recent Arrests, Charges & Investigations - Hanford sting nets 16 unlicensed contractors; San Andreas HVAC installer accused of cheating worker of wages and preventing worker from filing comp claim. Read more

news roundup

> Insurance Commissioner Announces $20 Million in Restitution in Staffing Services Inc. Fraud Case

officials in the news
  • Judge Craig A. Glass is transferring from the Marina del Rey District Office to the Oxnard District Office
  • Hon. Norman Delaterre is now Presiding Judge of the Santa Ana District Office, effective 12/1/2009
  • Judge Larry Quan is no longer with the San Francisco District Office
  • Judge Teri Dietrich starts at the San Bernardino District Office, effective 2/1/2010
  • Commissioner Gregory G. Aghazarian, having never been confirmed by the State Senate, has left the WCAB
P1432 book cover
Order the 2010 Edition
AMA Guides Resource Center
Updated 1/23/2010
2009 WC Notable People
View the Honorees
P2548 CA WC HotDocs
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Dollar Sign Blue Steven D. Feinberg, MD, on Medications and Chronic Pain. Read excerpt here before purchasing

Dollar Sign Blue Steven D. Feinberg, MD, on Almaraz-Guzman II WCAB Decision: Providing a WPI That Is the Most Accurate Reflection of the Impairment. Read excerpt before purchasing

Dollar Sign Blue Robert G. Rassp on Ogilvie Formula for California Workers' Compensation Cases -
A must read! Read excerpt before purchasing

Dollar Sign Blue Thomas A. Robinson on 2009 State-by-State Survey of Key Workers' Compensation Legislative Changes (January -- November 1, 2009) Read excerpt before purchasing

Dollar Sign Blue Steven D. Feinberg, MD on Complex Regional Pain Syndrome: Reflex Sympathetic Dystrophy & Causalgia - Read excerpt before purchasing

Dollar Sign Blue Calif. Noteworthy Cases Interpreting the AMA Guides Fifth Edition - Read excerpt before purchasing 
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