LexisNexis Worker's Compensation Law Center Weekly eNewsletter
Vol 1, Issue 7
March 8, 2010
WCAB Issues Decisions on Ogilvie Analysis,
Treatment Outside MPN, and Chiropractic Scope of Practice
In This Issue
* PANEL DECISIONS: Ogilvie analysis, MPN, chiropractors
* BLOG ROUND UP: Fraud, Medicare, Restaurant workers, Temporary disability
* NEWS HEADLINES: DEU rating delays, MUAs, Insurance market swings
* LARSON'S: 50% Off Sale

A Note From the Editor

 Robin Kobayashi

Dear Community Members:

Our migration work for the new community website has made significant progress this past 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

2010 Edition Now on Sale

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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.
Recent Blog Posts
Quick Links
WCJ Roster (updated 3/4/10)
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. WCJ failed to fully analyze issues outlined in Ogilvie I and Ogilvie II, such as applicant's ability, willingness and opportunity to work, did not discuss period used to calculate applicant's post-injury earnings and earning loss, and provided no explanation regarding why the type of evidence outlined in Ogilvie was not utilized in calculating permanent disability. Read Noriega-Garcia panel decision.
Permanent Disability Rating; Diminished Future Earning Capacity. Applicant did not successfully rebut DFEC adjustment factor in 2005 Schedule pursuant to Ogilvie II, when applicant's testimony regarding his lost earning capacity alone, without corroborating evidence, did not constitute substantial evidence to rebut scheduled DFEC factor. Read Ochoa panel decision.
Medical Provider Networks; Liability for Treatment Outside Network. Applicant was entitled to treat outside defendant's medical provider network at his own expense under Labor Code § 4605 and that reports of his treating physician were admissible under Labor Code § 5703(a). Read Guerrero panel decision.
Evidence; Admissibility; Chiropractic Reports. Report of panel qualified medical evaluator/chiropractor was admissible with regard to applicant's claims of injury to shoulders, psyche, wrists and in form of sleep disorder; defendant failed to show any need for PQME to disclose his interests in sleep study program as he did not refer applicant to any entity with which he had a financial relationship; PQME acted within scope of a duly licensed chiropractor. Read Ford panel decision.
Fraud Sign
Workers' Comp Fraud Blotter 3/4/2010 recent arrests, charges, convictions, investigations. Murrieta roofing contractor pleads guilty to 16 felony counts related to failure to provide workers' compensation insurance for employee who was injured after falling from a roof.
Roy Franco
Medicare New User Guide - Alerts, Considerations by Roy Franco. CMS issued further Section 111 requirements with the publication of its long awaited User Guide, version 3.0, effective 2/22/2010. Aside from the fact that User Guide is now almost seventy pages longer, than the previous version, it is already superseded in some parts by CMS alerts that have posted in the past week.
CWCI Scorecard Examines Restaurant Claims in the California Workers' Comp System. The California Workers' Compensation Institute has issued its latest "Industry Scorecard" which provides detailed data on claims filed by restaurant workers in California for job injuries that occurred between January 2000 through the end of 2008.
Cal Comp Cases
Cal. Comp. Cases March Advanced Postings 3/3/2010. Jurisdiction; Five-Year Statute of Limitations; Temporary Disability. WCAB held that it had jurisdiction to award temporary disability indemnity for period of temporary disability that commenced more than  five years from date of  applicant's bilateral knee injuries.
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884 Vol 3 AMA Handbook
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CALIFORNIA TOP CASES, powered by California Compensation Cases (updated 3/5/2010).
> Interstate Fire and Casualty Ins. Co. v. Cleveland Wrecking Co. (subrogation)
> City of Laguna Beach v. CIGA (self-insured employers)
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