Calif Edition Banner March 2010
Vol 1, Issue 15

Find Solutions & Strategies                                   May 3, 2010

Why Is Venue So Vexing?
EAMS and the elusive venue statutes and regs
In This Issue
* PANEL DECISIONS: Petitions to Reopen, Temporary disability/Out-of-State benefits, Prison inmates
* BLOG ROUND UP: fraud, CCC's, self-procured treatment
* NEWS HEADLINES: Discounted payments, Experience rating, Marijuana, Zenith

A Note From the Editor

Robin Kobayashi
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... 
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development

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Quick Links
WCJ Roster (updated 4/27/10)
EAMS Blogs Index (updated 4/30/2010)
Impairment Guides Resource Center (formerly AMA Guides Resource Center)
featured article: venue
Colleen Casey
Judge Colleen Casey provides guidance on venue -- one 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
recent panel decisions - sneak preview
Check out these recent panel decisions that we're considering for the LexisNexis® services:
NOTE:  If you have any problem accessing cases, please email me at
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.
Fraud Sign
Workers' Comp  Fraud Blotter 4/29/2010 - recent arrests, charges, convictions, investigations. Read it
Cal Comp Cases
Cal. Comp. Cases May Advanced Postings 4/28/2010. Firefighters; presumption of industrial injury. Liens; living expenses. Injury AOE/COE; medical treatment. Read it.
Reid Steinfeld
California Self-Procured Medical Treatment on Denied Injury: Valdez, by Reid Steinfeld and Richard Boggan. Read it.
Kids Chance
About Kids' Chance. Helping Children of Workers Seriously Injured or Killed on the Job. Read it.
news headlines
> Zenith Shareholders Vote Overwhelmingly in Favor of Acquisition by Fairfax.
> Fairfax CEO Says Investment Folios Will Be Volatile
> U.S. Senator Introduces Legislation to Reduce Number of Worker Misclassification Violations
> Brain Distraction During Cell Phone Use While Driving, White Paper Released by National Safety Council
> OSHA Publishes Semi-Annual Regulatory Agenda
> US DoL Proposes Clarification of Procedure for Defense Base Act Waivers
> US DoL to Propose Rule Relating to Recreational Vessels Under LHWCA
> AFL-CIO Death on the Job Study Reveals Dangerous Workplaces, Inadequate Enforcement
> New Study Examines Increased Risk of Workplace Breast Cancer
> CNBC Special Report on Marijuana and Money
> Productivity Losses Among Depressed Workers
> NCCI Publishes New Study on Cost Drivers in Loss Development
> EEOC to Issue Final Rule on Genetic Information Nondiscrimination Act
> EEOC to Take Final Action on Rules Implementing ADA Amendments Act of 2008
> A.M. Best Affirms Ratings of AMERISAFE, Inc. and Its Operating Subsidiaries
> Most Americans "Live to Work," But Don't Prepare for Illness or Injury That Could Put Their Income at Risk
> President Obama Becomes First President to Issue Proclamation on Workers Memorial Day
> Coventry Health Care Reports First Quarter 2010 Earnings
california top cases
California Top Cases (updated 5/2/2010), powered by Cal. Comp. Cases
> Davis v. Board of Chiropractic Examiners (revocation of license; unprofessional conduct)
> Leprino Foods v. WCAB/Barela (permanent disability rating; unauthorized medical treatment)
P2548 CA WC HotDocs
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Top 25 Blogs 2009
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