A Note From the Editor | |
Dear WC Professionals:
I'll have some good news to share with you in the coming weeks that will help you research WCAB panel decisions. Stay tuned...
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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featured article: venue |
Judge Colleen Casey provides guidance on venue -- o ne of the most common issues that occur with EAMS. She discusses choice of venue, why you can't do walk-throughs at a district office that doesn't have proper venue, and tips for making a valid objection to venue. Read it |
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recent panel decisions - sneak preview |
Check out these recent panel decisions that we're considering for the LexisNexis� services:
WCAB Jurisdiction; Petitions to Reopen; Addition of New Body Part. WCAB had jurisdiction over applicant's claim for cumulative injury to his bilateral shoulders when applicant claimed shoulder injury for first time in 10/3/2005 petition to reopen prior Stipulated Award; WCAB found that (1) shoulder injury was a newly disclosed injury which AME had not commented upon at time parties entered Stipulated Award, thereby giving WCAB jurisdiction over claim for bilateral shoulders by amendment, (2) applicant established good cause to reopen Stipulated Award based on bilateral shoulder injury which was unknown at time Award was made, (3) newly discovered injury need not be a compensable consequence an original injured body parts under previous Award in order to constitute good cause to reopen, and (4) even if bilateral shoulder injury had not been claimed in petition to reopen, applicant could have filed an Application for Adjudication of Claim alleging bilateral shoulder injury up until 1/2008, i.e., within one year of AME's report informing applicant of industrial nature of his shoulder problems. See Hancock panel decision.
Temporary Disability; Two-Year Limitation on Temporary Disability Indemnity; Out-of-State Benefits. WCAB rescinded WCJ's finding that two-year limit on temporary disability indemnity did not apply to compensation paid to applicant pursuant to Michigan law because those payments were for temporary partial rather than temporary total disability indemnity, and held that (1) LC 4656(c)(1) establishes an aggregate 104-week limit on employer's obligation to pay compensation for all temporary disability regardless of whether such disability is partial, total or both pursuant to express terms of LC 4656(c)(1) and legislative intent behind SB 899 amendment to LC 4656, and (2) payments for temporary disability indemnity pursuant to laws of a different state are included within aggregate 104-week limitation. See Boyd panel decision.
Permanent Disability; Offers of Regular, Modified or Alternative Work; Prison Inmates. WCAB held that LC 4658(d)(2) does not apply to prison inmates who sustain industrial injuries while incarcerated, as application would violate provisions of LC 3370(a)(5) (specifying that average weekly earnings in determining temporary and permanent disability benefits for prison inmates must be taken at not more than the minimum amount set forth in LC 4453); specific provisions of LC 3370(a)(5) applicable to prison inmates must prevail over general provisions of LC 4658(d)(2) applicable to all employers with 50 or more employees, and defendant's offer of modified work here could not be genuine because it was made after applicant was released from prison and acceptance was contingent upon re-incarceration. Read the Scott decision. |
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BLOG ROUND up |
Workers' Comp Fraud Blotter 4/29/2010 - recent arrests, charges, convictions, investigations. Read it.
Cal. Comp. Cases May Advanced Postings 4/28/2010. Firefighters; presumption of industrial injury. Liens; living expenses. Injury AOE/COE; medical treatment. Read it.
California Self-Procured Medical Treatment on Denied Injury: Valdez, by Reid Steinfeld and Richard Boggan. Read it.
About Kids' Chance. Helping Children of Workers Seriously Injured or Killed on the Job. Read it. |
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