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Find Solutions & Strategies April 12, 2010 |
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Medical Provider Network Litigation
Employer allowed to litigate transfer of applicant to MPN after failing to properly notice applicant of requirement to treat within MPN |
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A Note From the Editor |  |
Dear WC Professionals:
For the last two weeks, some of you have had problems accessing the panel decisions. I've included new links for these cases in today's enewsletter (see box immediately below). Also, if you have any problems accessing your account on the new web center, please email me and we will fix it for you. Thanks for your patience as we work out the kinks in the migration to our new site.
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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New Links for Panel Decisions |
Here are new links for the panel decisions reported in the last two issues of the eNewsletter:
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How to Enter Our Raffle for California E-Disovery Book |
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Purchase our 22-Year CD-ROM Archive of Workers' Comp Laws of Calif at *50% Off
and be eligible to win our new Calif. E-Discovery book
You must contact me first to obtain a promotional code for the CD-ROM archive at:
*Discount price is $51.50 plus tax, shipping & handling |
Web Poll in Progress |
The exclusive remedy rule (employer immunity) in your state is:
-increasingly being eroded by court decisions - 11%
-properly applied by courts in most cases - 33%
-somewhat eroded by a few recent court decisions - 44%
-undecided - 11% |
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recent panel decisions - sneak preview |
Check out these recent panel decisions that we're considering for the LexisNexis® services:
Medical Provider Networks; Transfer of Care; Notice Requirements. Defendant was not barred by doctrine of res judicata from litigating issue of whether it properly transferred applicant's medical care for into its MPN pursuant to Rules 9767(g), 9767.9 and 9767.10, notwithstanding prior finding by WCJ that applicant could self-procure treatment outside MPN because defendant did not provide proper notice of MPN under Rule 9767.12, when first trial involved issue of notice and subsequent trial involved transfer of care, which applicant did not dispute. See Anderson panel decision.
Permanent Disability; Offers of Regular, Modified, or Alternative Work. Defendant was not entitled to 15% decrease under LC 4658(d)(3)(A) in permanent disability indemnity awarded to applicant because defendant's offer of modified work was not made on form prescribed by Rule 10133.53 and did not substantially comply with LC 4658(d)(3)(A), as offer did not specify that work would last at least 12 months, was not executed under penalty of perjury, and was not made within 60 days of applicant becoming permanent and stationary. See Mansfield panel decision. Credit; Temporary Disability Indemnity; Social Security. Applicant with injury to both knees, low back and in form of hearing loss did not take himself out of labor market by applying for social security benefits and SCIF was not entitled to offset liability for temporary disability indemnity owed to applicant against his social security benefits. See Alexander panel decision.
Discovery; Petition to Compel Autopsy. WCAB denied defendant's petition to compel autopsy of decedent who died following surgery necessitated by industrial left arm injury, when defendant failed to make an adequate showing of need for an autopsy. See Brunk panel decision. |
featured article: THE donut hole |
What You Need to Do Now About the Medicare Set-Asides in Your Files. Teddy Snyder at Ringler Associates discusses the effect of the Affordable Health Care For America Act on Part D MSA Allocations, and how MSAs should be fixed now to account for the closure of the Medicare Part D prescription coverage gap aka the "donut hole". Read it.
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BLOG ROUND up |
Workers' Comp Fraud Blotter 4/8/2010 recent arrests, charges, convictions, investigations. Former insurance broker sentenced to 10 years in prison. Cigarette shop owners plead innocent to workers' comp, weapons, and drug charges.

Cal. Comp. Cases March Issue. The March 2010 issue is now on lexis.com. Barba, Chavez, City of Laguna Beach v .CIGA, Coito, Interstate Fire and more.
What They Saw at the ABA TechShow 2010 - 40 of the Best Commentaries and Resources. Robin E. Kobayashi of LexisNexis has rounded up 40 of the best blogs, podcasts, documents, and videocasts that summarize the lessons, experiences, and takeaways from this year's TechShow.
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news headlines |
 For other states news, subscribe to our FREE weekly National eNewsletter. Email me at Robin.E.Kobayashi@lexisnexis.com 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. |
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caaa apportionment seminars |

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50% Off larson's |
 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 Offer good through April 2010. |
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