LexisNexis Worker's Compensation Law Center Weekly eNewsletter
Vol 1, Issue 3
February 10, 2010
Medicare Compliance: U.S. v. Stricker
U.S. files motion for partial summary judgment
In This Issue
* 50% OFF LARSON'S: For the first time ever
* PANEL DECISIONS: Ogilvie, Internet Use
* BLOGS: Fraud, Cases, CWCI Scorecard, OSHA
* EMERGING ISSUES: $17 day pass for all articles
A Note From the Editor

Robin Kobayashi

Dear Community Members:
Medicare compliance is hot right now. Last week we brought you the Gory Story. This week we have the latest news in the Stricker case.

Robin E. Kobayashi, J.D.

Workers' Comp Lead Editor

New 2010 Edition on Sale

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Robert G. Rassp analyzes Almaraz/Guzman II and provides a step-by-step Ogilvie formula

Popular Blog Posts
The Gory Story - How a Medicare Lien Went Wrong (viewed 216 times)
Revisiting Rolda (viewed 122 times)
Top 10 Cases of 2009 (viewed 333 times)
Top 10 Bizarre Cases of 2009 (viewed 316 times)
Quick Links

Top 25 Blogs for 2009

Judges in the News
Judge Jeffrey Ward is transferring from the Los Angeles District Office to the Marina Del Rey District office, effective February 23, 2010

California E-Discovery

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medicare compliance: stricker
Roy Franco

Roy A. Franco reports that, in U.S. v. Stricker, the U.S. filed a motion on 1/28/2010 for partial summary judgment on the issue of liability and reserved for later the issue of damages. The Government admits the issue of damages will be contentious, an understatement to say the least, given the liberality of what it considers are conditional payments.There is no doubt that the filing of this Motion will send shock waves throughout the industry already grappling with how to finalize a settlement with a Medicare beneficiary. Read the full article here

Other Medicare Compliance News:
> Insurance Groups Ask for Delay in Medicare Secondary Payer Mandatory Reporting Requirements. Read it
> Maryland Adopts Emergency Regs on Medicare Set Asides - Will this start a national trend? Read it
save 50% off larson's
Larson Promo Final
For the first time ever, get 50% off Larson's. 
Larson's Workers' Compensation Law  (12 vols.)
Larson's Workers' Compensation, Desk Edition (3 vols.) 
recent panel decisions - sneak preview
Check out these recent panel decisions that we're considering for the LexisNexis database:  

Permanent Disability Rating; Diminished Future Earning Capacity. WCAB affirmed WCJ's finding that applicant's cumulative trauma to bilateral extremities caused 39% permanent disability, notwithstanding WCJ's questionable reliance on "range of evidence," that applicant did not establish 100% permanent disability under LeBoeuf, and that applicant failed to rebut DFEC factor in 2005 Schedule pursuant to Ogilvie I and II because applicant did not explain how opinion of vocational expert regarding her DFEC justified more than 39% permanent disability or identify evidence that would justify a specific permanent disability rating. See Lauderbach v. Cal Trans (free download)

Evidence; Admissibility; Surveillance Tapes & Internet Usage. WCAB granted defendant's petition for removal from WCJ's order denying defendant's second petition to augment record with new evidence consisting of post-trial surveillance video of applicant with injuries to spine, neck and upper extremities, as well as blog/Internet and Twitter postings by applicant. See Wenneker v. County of Contra Costa (free download)  
Presumption of Compensability; Heart Trouble: Peace Officers. WCAB held that applicant who worked as a police officer for California State University (CSU) Fullerton was not entitled to Labor Code ยง 3212.5 presumption of compensability with regard to heart and cardiovascular injuries allegedly suffered during period 2/24/2003 through 1/22/2007, and that based upon opinion of panel qualified medical evaluator applicant's injuries were not industrially caused. See De Jong v. CSU Fullerton Police Department (free download) 
blog roundup
Fraud Sign

Workers' Comp Fraud Blotter 2/5/2010 - recent arrest, charges, convictions, investigations. Five unlicensed contractors in Lincoln busted. Transient paving operator charged for lack of workers' comp coverage. Woman pleads not guilty to staging robbery. Read it

Cal Comp CasesCal. Comp. Cases February Advanced Postings 2/3/2010. WCAB's failure to act on defendant's petition for reconsideration within 60 days from date of filing should not result in automatic denial of petition. Defendant was not required to file petition to terminate payment of temporary disability indemnity in order to cease payments to applicant. Read it
CWCICWCI Score Card Looks at Durable Goods Manufacturing Job Injury Claims in California. CWCI issued the 5th edition of its "Industry Scorecard" featuring detailed data on accident year (AY) 2000-2008 claims experience of durable goods manufacturing workers in California. Read it
Pro PublicaBusiness Gears Up to Battle New Obama Workplace Safety Rule. As the U.S. Chamber of Commerce and the White House are trying to minimize their difference, a brewing battle at OSHA over a workplace injury reporting rule illustrates how tough that could become. Read it 

 How courts cite blogs.  Read it

P2548 CA WC HotDocs
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AMA Guides Resource Center
Updated 1/23/2010
2009 WC Notable People
View the Honorees
884 Vol 3 AMA Handbook
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news roundup
  > Insurance Commissioner Announces $112M in Consumer Dollars Recovered by Dept. in 2009
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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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