Calif Edition Banner March 2010
Vol 1, Issue 10

Find Solutions & Strategies                              March 29, 2010

The Key to Getting Stips Approved
Parties must comply with return to work matters
In This Issue
* PANEL DECISIONS: Voc Rehab, Alternative Dispute Resolution, Physician communication
* BLOG ROUND UP: Fraud, COLA, Medical bills
* NATIONAL eNEWSLETTER: Sign up for free
* NEWS HEADLINES: Schedules, furloughs, UR, health care reform
* CALIF. TOP CASES: Barba v. Wal-Mart Trans.
* LARSON'S: 50% Off Sale

A Note From the Editor

Robin Kobayashi
Dear WC Professionals:
Our migration to a new website for the LexisNexis Workers' Comp Law Community was completed last Thursday. In the coming months you'll see enhancements and new features added to the site. We look forward to hearing your feedback & suggestions.
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development

How to Enter Our Raffle for California E-Disovery Book

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Quick Links
WCJ Roster (updated 3/4/10)
Web Poll in Progress
How will health care reform impact workers' comp? 
  • Too soon to tell - 44% 
  • Will improve workers' comp systems - 39% 
  • Will undermine workers' comp systems - 17%
featured article: stipulations

Colleen CaseyJudge Colleen Casey writes that one of the most common errors parties encounter when submitting Stipulations with Request for Award is failing to comply with 8 CCR § 10117, which is the regulation for handling "Return to Work" matters. Read the article.

recent panel decisions - sneak preview
Check out these recent panel decisions that we're considering for the LexisNexis® services:
Vocational Rehabilitation; Repeal of Labor Code § 139.5; Reinstatement of Services. WCAB held that applicant was entitled to VR services from 3/6/2007, but not from 11/29/2006, when applicant's VR rights were vested prior to 1/1/2009 as required under Weiner v. Ralph's Company since 10/17/2008 decision upholding award of VR benefits became final after time to appeal expired, applicant interrupted services and never requested reinstatement pursuant to defendant's instructions, and applicant's listing "Rehabilitation" as issue on 11/29/2006 DOR did not sufficiently comply with former Rule 10129 so as to constitute request for services, and applicant properly demanded VR for first time after interruption on 3/6/2007. See Brown panel decision
Dismissal; Application for Adjudication; Alternative Dispute Resolution. WCAB rescinded WCJ's order dismissing injured worker's Application alleging injury to multiple body parts, pursuant to Labor Code § 3201.5, when (1) WCJ dismissed Application without making required evidentiary findings necessary to justify dismissal of claim based upon carve-out agreement, including finding that parties were subject to such an agreement at time of applicant's injury and that Administrative Director issued appropriate letter of eligibility in connection with collective bargaining agreement, and (2) WCJ failed to issue Notice of Intent prior to dismissing Application, in violation of applicant's due process rights. See Yamnitsky panel decision
Medical-Legal Procedure; Independent Medical Examiners; Communications. WCAB held that reporting of "regular physician" appointed by WCJ pursuant to Labor Code § 5701 to examine applicant must be stricken from evidentiary record because defendant, although acting in good faith, communicated directly with regular physician rather than corresponding with physician through WCAB as required under Rule 10718. See Oseguera panel decision
Fraud Sign
Workers' Comp Fraud Blotter 3/25/2010 recent arrests, charges, convictions, investigations. Enforcement sweeps in Monterey County, Contractor sting operation in Kern County, Correctional officer accused of lying after being shot.
Cal Comp Cases
Cal. Comp. Cases March Advanced Postings 3/23/2010. Weiner voc rehab sunsetting (writ denied), Benson apportionment.
Shaw JacobsmeyerCalifornia Supreme Court to Review COLA Calculation Case. Richard Jacobsmeyer writes about the Supreme Court's order granting the DWC's Petition for Hearing in Duncan v W.C.A.B., which involves the calculation of the COLA increases in life pension and permanent total disability cases.   
Reid Steinfeld
California Insurers Seeking Second Round of Reductions of Medical Bills. Reid Steinfeld and Richard Boggan outline their concerns about insurance companies that are seeking a second round of reductions of medical bills for payments they had already reduced several years prior.
national workers' comp enewsletter
Email logoWe've launched a free national workers' compensation eNewlsetter this week. If you need to keep abreast of workers' comp developments in other states, this weekly eNewsletter is for you. Email me at to be added to the distribution list. Be sure to say you want the National enewsletter and provide your first and last name and email address.
P2548 CA WC HotDocs
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Top 25 Blogs 2009
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AMA Guides Resource Center
Document Dive
news headlines
CALIFORNIA TOP CASES, powered by California Compensation Cases (updated 3/24/2010).
> Barba v. Wal-Mart Transportation (third party actions; reimbursement)
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 Offer good through April 2010.
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