LexisNexis Worker's Compensation Law Center Weekly eNewsletter
Vol 1, Issue 6
March 1, 2010
Death Benefits Claim Not Subject to Carve-Out Agreement
Legislative intent was not to diminish dependents' claims
In This Issue
* PANEL DECISIONS: Carve outs, MSA, nurse case manager, UR and lien rights
* BLOG ROUND UP: Fraud, Injury rates, Guzman appeal, BRB decision, Spinal surgery request
* NEWS HEADLINES: Weiner en banc appeal, Zenith Fairfax deal, Furloughs, RREs, AIG
* CALIF. TOP CASES: 5 new cases
* LARSON'S: 50% Off Sale

A Note From the Editor

 Robin Kobayashi

Dear Community Members:

I enjoyed meeting everyone at the DWC Conference in Los Angeles. Thanks for all the encouraging feedback on the enewsletter and web center.
Our migration work for the new community website will continue this week. If you have any problems accessing the links in this enewsletter, please let me know. 
Robin E. Kobayashi, J.D.
Workers' Comp Lead Editor

DWC Conference Attendees: Receive 20% Discount      March 1-2, 2010

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Oakland Conference attendees can receive a 20% Discount on these titles:
- Workers' Comp Laws of Calif.
Calif. Work Comp Handbook 
- Lawyer's Guide to AMA Guides & CA Workers' Comp
Since I won't be attending this conference, you can email me to receive the discounts:
Offer expires March 5, 2010 
Free CD-ROM for Workers' Comp Laws of Calif. 2010 Ed.
The free CD-ROM of the 2010 Edition only of Workers' Comp Laws of Calif. will ship in mid-March to all current subscribers of that book.
Note: To order our 22-year archive on CD-ROM, call toll free 1-800-223-1940. Ask for Product #9030, ISBN # 978-1-4224-7457-0.
Cal. Comp. Cases Advanced Postings 2/24/2010
 Cal Comp Cases
Cal. Comp. Cases February Advanced Postings 2/24/2010.
Discrimination / LC 132a 
CIGA / General and Special Employers
Serious & Willful Misconduct
Injury AOE/COE
recent panel decisions - sneak preview
Check out these recent panel decisions that we're considering for the LexisNexis database:  
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 plain language of Labor Code § 3201.5, which expressly allows Alternative Dispute Resolution systems between certain union represented "employees and employers or their insurers."  Read the Shilts decision.  
Settlement; Compromise and Release Agreements; Medicare Set-Aside. WCAB held that compromise and release agreement under which applicant settled his claims for injuries was valid and binding on defendant, notwithstanding that Medicare set-aside was not approved by CMS prior to applicant's death, when compromise and release was fully executed. Read the Domingue decision
Medical Treatment; Reasonableness and Necessity; Nurse Case Manager. WCAB held nurse case management services are medical treatment under Labor Code § 4600 if they are medically necessary and reasonable, that such treatment falls within ACOEM Guidelines in cases of delayed recovery, such as applicant's, and that applicant was entitled to nurse case management services as these services were reasonable and necessary based upon opinion of treating physician. Read the Cash decision.
Medical Treatment; Utilization Review; Retrospective Review. WCAB rescinded WCJ's finding that lien claimant who provided durable medical equipment to applicant before obtaining authorization from defendant was not entitled to lien recovery, and held that because utilization review procedures expressly provide for "retrospective review," WCJ erred in disallowing lien based solely on fact that lien claimant furnished RS-41 device before defendant authorized it. Read the Leonard decision.
Fraud Sign
Workers' Comp Fraud Blotter 2/28/2010 - recent arrests, charges, convictions, investigations. Sentencing date scheduled for Redding woman who police said was involved with a staged robbery and then obtained workers' comp benefits for stress and anxiety.
Calif. Work Injury & Illness Rate Fell in 2008, But Rates for Public Sector Employees Increased. CWCI's review of work injury and illness data compiled by the state from employer's OSHA 200 reports finds that California's statewide work injury and illness rate fell to a record low in 2008, but in a troubling sign for public sector employers, the rate of reported injuries among state and local government workers did an about-face and increased for the first time in five years
Shaw Jacobsmeyer
California 6th District to Take a Stab at PD Rating Issues in Guzman Case. Richard Jacobsmeyer reports that the 6th District Court of Appeal granted defendant's appeal in Milpitas Unified School District v. WCAB/Guzman. The court also declined to grant a stay on use of the WCAB decision and therefore the WCAB en banc decision is still binding on all trial courts and WCAB Panels. However, it is likely the granting of the Petition for appellate review will cause WCJ's some pause in relying on the decision to be too creative.
Reinhalter MarkBRB Decision in Wheeler v. Newport News Shipbuilding and Dry Dock Company. Mark Reinhalter, counsel for Longshore in the Black Lung and Longshore Legal Services Division of the Solicitor's Office for the U.S. Department of Labor, examines a recent decision of the Benefits Review Board that addresses the meaning of the term "compensation" in the context of section 22's modification provision.
Shaw Jacobsmeyer
1st District Reverses W.C.A.B. in Elliot - Follows W.C.A.B. Holding in Cervantes. Richard Jacobsmeyer reports that the 1st Appellate District has reversed the WCAB decision in Elliot v. WCAB, agreeing with the subsequently issued en banc decision in Cervantes v. El Aguila Food Products, Inc., regarding the procedures to be followed in requests for spinal surgery pursuant to Labor Code § 4062(b).
P2548 CA WC HotDocs
Order the Forms
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Order Today
Top 25 Blogs 2009
View the Honorees
884 Vol 3 AMA Handbook
Order Today (AMA Guides Handbook)
CALIFORNIA TOP CASES, powered by California Compensation Cases (updated 2/28/2010).
> Elliott v. W.C.A.B.
> Lara v. W.C.A.B.
> Acosta v. Sacramento County Employees' Retirement System
> People v. Alvarez
> People v. Waterman
judges in the news
  • Judge Jules Greenberg (annuitant) has transferred from the Riverside District Office to the Los Angeles District Office, effective 3/1/2010
  • Judge Robert Drakulich of the Santa Ana District Office retired 2/26/2010
  • Judge Teri Dietrich is a new judge in the San Bernardino District Office
  • Judge David Thorne is a new judge in the Riverside District Office
  • The Grover Beach District Office will move to San Luis Obispo in March 2010
50% Off larson's
 Larson Promo Final
 For the first time ever, get 50% off Larson's. 
 Larson's Workers' Compensation Law  (12 vols.) order here 
 Larson's Workers' Compensation, Desk Edition (3 vols.) order here
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