Calif Edition Banner March 2010
Vol 1, Issue 8

Find Solutions & Strategies                              March 15, 2010

Employer's Offer of Regular, Modified, or Alternative Work
12 months of continuous work need not be consecutive
In This Issue
* PANEL DECISIONS: Offer of modified work, Suspected fraud, 25-page limitation on reconsideration
* BLOG ROUND UP: MSP legislation, Witness statements, Trucking industry, Longshore employees
* NEWS HEADLINES: SCIF finances, WCIRB appointments, Experience ratings, Workplace altercation, YouTube and fraud, CalOSHA bias?
* CALIF. TOP CASES: going & coming rule
* LARSON'S: 50% Off Sale

A Note From the Editor

 Robin Kobayashi

Dear WC Professionals:  

We've got a new name for our eNewsletter to distinguish it from the automated email alerts at the LexisNexis Workers' Comp Law Center.
Our eNewsletter, which focuses on cases, news and articles related to California workers' comp law, is designed to help you find solutions and strategies to apply to your practice or business. 
Robin E. Kobayashi, J.D.
Workers' Comp Lead Editor
LexisNexis Editorial Content & Product Development

How to Enter Our Raffle for California E-Disovery Book

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February 2010 Issue of Cal. Comp. Cases Now on Lexis
Access the Table of Contents.
> Elliott v. WCAB
> Lara v. WCAB
> Acosta v. Sacramento County Employees' Retirement System
> People v. Alvarez
> People v. Waterman & much more...
Quick Links
WCJ Roster (updated 3/4/10)
All-Time Popular Posts
Employer Fraud in Workers' Compensation - Just How Significant Is It? (viewed 1,041 times)
Top 10 User Errors in EAMS (viewed 954 times)
The Dreaded Rule 30 (viewed 1,457 times)
recent panel decisions - sneak preview
Check out these recent panel decisions that we're considering for the LexisNexis® services:  
Permanent Disability; Offers of Regular, Modified, or Alternative Work. WCAB rescinded WCJ's finding that defendant was not entitled to a 15% decrease in permanent disability awarded to applicant due to its failure to provide 12 months of continuous work, when nothing in statutory language or implementing regulations require that period of "at least 12 months" of continuous work be consecutive if defendant is in, or attempting to be in, substantial compliance with statute by making good faith offer of modified work and not otherwise acting in bad faith. Read the Hogue decision.
Permanent Disability; Offers of Regular, Modified, or Alternative Work. WCAB rescinded WCJ's finding that defendant was not entitled to a 15% decrease in permanent disability awarded to applicant due to its failure to comply with LC 4061(a)(2) and 4650(b) and remanded matter for further development of record, when WCAB disagreed that medical record put defendant on notice regarding applicant's permanent and stationary status prior to panel qualified medical evaluator's report, and treating physician never explicitly declared applicant permanent and stationary but continued to recommend treatment for worsening symptoms. Read the Paine decision.
Medical Treatment; Employer's Liability; Workers' Comp Fraud. WCAB rescinded WCJ's order allowing liens for medical treatment and remanded matter for WCJ to determine whether medical treatment charges were incurred because of applicant's industrial injury, in which case they are compensable, or for medical treatment necessitated as a result of applicant's arrest for suspected workers' comp fraud, in which case the charges are not allowable. Read the Rivas decision.
Petitions for Reconsideration; Page Limitation. WCAB enforced 25-page limit on defendant's petition for reconsideration under 8 Cal. Code Reg. § 10845. Read the Greenfield decision
Fraud Sign
Workers' Comp Fraud Blotter 3/10/2010 recent arrests, charges, convictions, investiga-tions. YouTube video clip leads to workers' comp fraud charges against gym owner in Roseville, CA.
Roy Franco
H.R. 4796, Medicare Secondary Payer Enhance-ment Act of 2010 Introduced. Roy Franco reports that the H.R. 4796 will expedite resolution of claims and applies to all claims.
Goldman Magdalin Krikes
 Discoverable Witness Statements in California. Goldman, Magdalin & Krikes analyzes a  published court decision where plaintiffs in a wrongful death case were granted discovery of witness statements taken by investigators employed by Defendant State of Calif. and acting on the direction of defense counsel, and what this case means for workers' comp cases.
CWCI Scorecard Examines Job Injury Claims in the California Trucking Industry.For the 8-year span ending in 2008, the trucking industry workers filed just 1% of all California job injury claims, but because of their high average cost, these claims accounted for 1.8% of the state's workers' comp benefit payments. 
Cal Comp Cases
Cal. Comp. Cases March Advanced Postings 3/9/2010. VR rights post-Weiner. Death benefits and dependency.
BRBS logo
Who Is an "Employee": Construction Workers, Dock Workers, and Specialty Occupations. Yelena Zaslavskaya, Counsel for Longshore Office of Administrative Law Judges, U.S. Dept. of Labor, examines coverage issues under the Longshore Act.
P2548 CA WC HotDocs
Order the Forms
P1432 book cover
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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 3/10/2010).
> Lobo v. Tamco - going & coming rule
50% Off larson's
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