LexisNexis Worker's Compensation Law Center Weekly eNewsletter
Vol 1, Issue 4
February 16, 2010
Workers' Comp Law Center Is Moving
We're now the LexisNexis Workers' Compensation Community
In This Issue
* WE'RE MOVING: Workers' Comp Community
* PANEL DECISIONS: PQME, carve outs, PBN, amputation
* BLOGS: Fraud, Cal.Comp.Cases, DEU ratings
* 50% OFF LARSON'S: For the first time ever
* NEWS ROUNDUP: SCIF executive, Medicare facts
* EMERGING ISSUES: $17 day pass for all articles

Stanford D. Herlick, In Memoriam

Stanford D. Herlick passed away on February 4, 2010, at the age of 88. He was the author of California Workers' Compensation Law (2 vol. treatise) and California Workers' Compensation Handbook (softbound). I've had the pleasure of working with him for the last 10 years. He was a true gentleman and will be greatly missed. LexisNexis will keep Stan's legacy alive by continuing to update his books.
-Robin Kobayashi

RICO Comes to Comp

Denis Paul Juge 
 Denis Paul Juge's slide presentation on RICO and Workers' Compensation
Denis Paul Juge is the author of Louisiana Workers' Compensation (LexisNexis)

New 2010 Edition on Sale

P1432 book cover

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

Quick Links

Top 25 Blogs for 2009

AMA Guides Resource Center

AMA Guides Resource Center

Pop Quiz

Stanford Herlick published the first edition of his Calif. Workers' Comp Handbook in:

a. 1961
b. 1964
c. 1968
d. None of the above 
See answer at end of this enewsletter.
We're moving this week
Introducing the LexisNexis Workers' Compensation Community
Our Workers' Comp Law Center is getting a fresh new look & a new name on Thursday afternoon. It'll be easier to navigate and find things. And it'll be easier on your eyes.
There may be some broken links and other issues until we settle into the new site. We're busy adding redirects for many of our postings. Things might look a little strange at first until we get it cleaned up. I thank you for your patience.
IMPORTANT NOTE: If you're having any trouble accessing an article or free download mentioned in this issue of the eNewsletter, please contact me. 
Robin KobayashiSincerely,
Robin E. Kobayashi, J.D.
Workers' Comp Lead Editor
recent panel decisions - sneak preview
Check out these recent panel decisions that we're considering for the LexisNexis database:  
Medical-Legal Procedure; Panel Qualified Medical Evaluators. WCAB found that 8 Cal. Code Reg. § 30(d)(1), as amended effective 2/17/2009, did not bar defendant from scheduling another appointment with panel QME after applicant failed to attend originally scheduled appointment. See Kouloumian v. Barney's New York (free download)

Death Benefits; Dependents; Carve-Out Agreements. WCAB held that "carve-out" agreement between decedent's union and employer did not apply to non-employee dependent's claim for death benefits, based on Labor Code § 3201.5, which expressly allows Alternative Dispute Resolution systems between certain union represented "employees and employers or their insurers". See Cruz v. Kretschmar & Smith, Inc (free download)

Liens; Pharmaceutical; Pharmacy Benefit Networks. WCAB affirmed WCJ's finding that defendant was not liable to lien claimant/pharmacy for medications dispensed to applicant/bakery worker with 4/7/2005 industrial injuries outside of defendant's pharmacy benefit network (PBN) established pursuant to Labor Code 4600.2(a). See Brambila v. Vons, Inc. (free download)
Temporary Disability; Two-Year Limitation on Temporary Disability Indemnity; Amputation Exception. WCAB upheld WCJ's finding that removal of applicant/repair welder's existing breast implants following industrial injury that damaged left implant, constituted "amputation" within meaning of Labor Code § 4656(c)(2)(C), thereby entitling applicant to 240 weeks, rather than 104 weeks, of temporary disability indemnity. See Collinwood v. Burrtec Waste Industries (free download) 
blog roundup
Fraud Sign

Workers' Comp Fraud Blotter 2/12/2010 - recent arrest, charges, convictions, investigations. Skydiving injured worker, double dippers, roofing contractor, postal worker, and more, all caught in the act. Read it

Cal Comp CasesCal. Comp. Cases February Advanced Postings 2/10/2010. Temporary disability & 104-week limitation. Permanent disability & apportionment. Injury AOE/COE. Read it
Goldman Magdalin KrikesDEU Begins Issuing Almaraz Ratings. While the Almaraz/Guzman and Ogilvie decisions remain on appeal before the Fifth and Sixth Appellate Districts, disability raters from the Disability Evaluation Unit have begun including calculations pursuant to Almaraz in Consultative Ratings which are issued for represented applicants. Read it
Cal Comp CasesJanuary 2010 Issue Now Online for Lexis.com Subcribers. Read it

 How courts cite blogs.  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.) 
P340 Cover 
P2548 CA WC HotDocs
Order the Forms
P1550 Calif. E-Discovery book cover
Order Today
2009 WC Notable People
View the Honorees
884 Vol 3 AMA Handbook
Order Today (AMA Guides Handbook)
news roundup
Anyone can purchase a research package to access our expert commentary articles.

Individual prices start at $17 for one-day pass day, $28 for one-week pass, $57 for one-month pass.

Need help selecting a package or rate? Contact Robin.E.Kobayashi@lexisnexis.com.

Click here to purchase the Workers' Compensation Research Package This workers' comp package is designed specifically for our community members

Click here to see a list of articles in our workers' compensation database This list is arranged by topic to help you quickly locate articles

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 
Pop quiz answer
The answer is b. 1964.
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