LexisNexis Worker's Compensation Law Center Weekly eNewsletter
Vol 1, Issue 5
February 22, 2010
WCAB Provides Guidance on Complete Ogilvie Analysis
Adjusted DFEC factor must be true reflection of lost earning capacity
In This Issue
* NEWS HEADLINES: Premiere Medical Management Liens, MSP Compliance Date, Zenith Purchase
* ARTICLES: Fraud, PBN, Public Self-Insureds
* LARSON'S: 50% Off Sale

A Note From the Editor

 Robin Kobayashi

Dear Community Members:

We're still in the process of migrating to a new website. If you have any problems accessing the links in this enewsletter, please let me know. Thanks for your patience.
Robin E. Kobayashi, J.D.
Workers' Comp Lead Editor

DWC Conference Attendees: Receive 20% Discount February 25-26, 2010

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Visit the LexisNexis booth at the Los Angeles Sheraton Gateway, location of the  Division of Workers' Compensation Educational Conference, Feb. 25-26, 2010.

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50 States WC Agencies

Cal. Comp. Cases Advanced Postings 2/22/2010
 Cal Comp Cases
Cal. Comp. Cases February Advanced Postings 2/22/2010.
Cumulative Trauma/Date of Injury
Contribution/Statute of Limitations
Temporary Disability/104-Week Limitation, Exceptions
Judges in the News
Judge Jeffrey R. Ward has transferred from Los Angeles to Marina Del Rey.
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 WCAB rescinded WCJ's finding that applicant suffered injuries causing 41 percent permanent disability and that applicant successfully rebutted DFEC factor in 2005 PDRS, and held that, in making his permanent disability finding, WCJ did not correctly analyze issues in Ogilvie I or Ogilvie II, because WCJ failed to address the scheduled DFEC adjustment for applicant's injuries or discuss reasoning behind any weighing of scheduled rating and adjusted rating, did not explain evidence upon which he relied to find applicant's earning loss or earning loss period decided upon, and did not discuss whether DFEC factor was a true reflection of applicant's lost earning capacity or whether applicant was malingering; WCAB remanded matter for WCJ to do a complete Ogilvie analysis and to weigh adjusted DFEC factor against scheduled factor to determine which better reflects applicant's DFEC. Read the Shini decision.
Costs; Vocational Expert Witness Fees. WCAB rescinded WCJ's finding that lien claimant/vocational expert's report regarding diminished future earning capacity of applicant/home healthcare aide was not reasonably necessary under Labor Code § 5811, when totality of applicant's attorney's testimony indicated that she obtained report because she thought applicant had work restrictions that might affect applicant's DFEC and WCAB found that, (1) although DFEC report was not proper rebuttal evidence under Ogilvie I or Ogilvie II, reasonableness of a vocational rehabilitation report is assessed at the time the cost was incurred, (2) here, cost of DFEC report was incurred prior to the decisions in Ogilvie, and (3) costs can be allowed even if DFEC report is inadmissible. Read the Hernandez decision.
Commutation; Calculation. WCAB rescinded WCJ's finding that uniformed reduction (UR) method was correct method of commuting 100 percent permanent disability award of applicant/farm laborer with 2/10/2004 industrial injuries, and held that  uniformed increasing method (UIR) should be used for permanent disability awards with state average weekly wage (SAWW) because it provides for a more consistent net weekly benefit to an injured worker; WCAB held that under Labor Code § 4659(c) and Duncan v. W.C.A.B. for injuries occurring on or after 1/1/2003 an injured employee's total permanent disability payments are subject to cost of living adjustments (COLA) starting on 1/1/2004 and every 1/1 thereafter. Read the Martinez-Reyes decision
news headlines
> Watsa's Fairfax Agrees to to Buy Zenith for $1.3B.
Fraud Sign
Workers' Comp Fraud Blotter 2/22/2010 - recent arrests, charges, convictions. Commerce man pleads no contest for lying about the extent of his injuries. Boulevard woman pleads guilty for stealing insurance premiums. 
Goldman Magdalin KrikesWCAB Panel Denies Pharmacy Lien Based on Proper Implementation of Pharmacy Benefit Network. In Brambila v. Vons, a permissibly self-insured and self administered employer duly established a PBN in January 2006 with appropriate notices to DWC.  More importantly, they successfully implemented the PBN by providing appropriate notices, including a pharmacy card, to claimant Jose Brambila, who had self procured pharmaceuticals outside of the PBN.
Public Self Insureds' Workers' Comp Costs Climb as Medical Losses Increase. New figures from the California Office of Self-Insurance Plans (OSIP) indicate that for the third year in a row, rising claim severity (average loss per claim), spurred by continued growth in medical costs, drove up workers' compensation costs for cities, counties and other public agencies in the state last year.
P2548 CA WC HotDocs
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P1550 Calif. E-Discovery book cover
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2009 WC Notable People
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884 Vol 3 AMA Handbook
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50% Off larson's
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 Larson's Workers' Compensation Law  (12 vols.) order here 
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