Calif Edition Banner March 2010
Vol 1, Issue 16

Find Solutions & Strategies                                 May 10, 2010

Introducing ...
Calif. WCAB Noteworthy Panel Decisions Reporter 
Get the edge on recent case developments to help your clients
In This Issue
* PANEL DECISIONS REPORTER: $159/yr. special offer
* PANEL DECISIONS: ergonomic equipment, medical evidence, settlement check
* BLOG ROUND UP: fraud, CCC's, alternative dispute resolution
* NEWS HEADLINES: experience rating, Contractor's Access Program, pharmacy costs
* CALIFORNIA TOP CASES: Davis v. Board of Chiropractic Examiners

A Note From the Editor

Robin Kobayashi
Dear WC Professionals:
I am pleased to announce our new Calif. WCAB Noteworthy Panel Decisions Reporter. Thanks to all the lawyers and editorial consultants who beta tested the product.  
I hope you'll take advantage of the special limited offer to purchase the reporter at a discount.
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development

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Web Poll In Progress
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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)

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NEW! Designed especially for Lexis subscribers, this new monthly reporter saves you research time so that you can quickly find recent panel decisions on key topics.

We do the legwork for you:
Our editorial consultants pour through hundreds of cases to find noteworthy decisions that you should know about.
What you get each month: Brief summaries of typically 40 to 65 cases, arranged by topic. Commentary articles written by guest contributors.
How you'll get it: (1) Web version*, which allows Lexis subscribers to link directly to the WCAB decisions on; and (2) Print version, which can be stored in a binder.
View sample web version: Click here
What it costs: Regular price - $199/yr. Special Limited Time Offer for eNewsletter subscribers - $159 for the first year's subscription. Offer expires 12/31/2010.
Pre-orders: Contact 
First issue begins in June 2010.
* Each web issue accessible for up to a year 
recent panel decisions - sneak preview
Each week we report 2 to 3 recent panel decisions that we're considering for the LexisNexis® services:
NOTE:  If you have any problem accessing cases, please email me at
Medical Treatment; Reasonableness and Necessity; Ergonomic Equipment. Defendant was not required under LC 4600 to provide applicant with recommended ergonomic equipment at her new place of employment as an element of her award of further medical treatment, ergonomic equipment was necessary to assist applicant's ability to continue working, and that such equipment was not a form of medical treatment necessary to cure or relieve effects of applicant's injury, but rather constituted an accommodation of applicant's disability akin to that mandated by FEHA to make her workplace accessible and usable through acquisition of specialized equipment. See Costa panel decision.

Evidence; Medical Evidence; WCAB's Duty to Develop Record. WCAB rescinded WCJ's order deferring applicant's claim for psychiatric injury pending further development of medical record, when applicant sought to proceed to trial despite being on notice from defendant at time of MSC that her medical evidence was inadequate due to a false and inaccurate history, and applicant had opportunity to cure defect in record prior to filing a DOR and before stipulating to proceed to trial on issue of psyche injury; applicant is not entitled to assert that she is ready for trial and then, when evidence is found to be inadequate, obtain a second chance to meet burden of proof based upon WCAB's duty to develop medical record. See Rivas panel decision.

Settlements; Compromise and Release Agreements; Payment of Proceeds. Defendant was obligated to pay applicant proceeds of compromise and release even though defendant timely sent settlement check to applicant's attorney for payment to applicant, when applicant never received defendant's check because, after forging applicant's signature, employee of applicant's attorney cashed check without attorney's knowledge; applicant's attorney, while acting as a conduit by agreeing to forward check to applicant, was not authorized to accept payment on applicant's behalf and did not serve as applicant's agent for purpose of accepting payment. See Pineda panel decision.
Fraud Sign
Workers' Comp  Fraud Blotter 5/6/2010 - recent arrests, charges, convictions, investigations. Read it 
Cal Comp Cases
Cal. Comp. Cases May Advanced Postings 5/6/2010.Permanent Disability/New and Further Disability; Contribution. Read it
Howard StevensHave You Considered ADR in California? by Howard Stevens, McDermott & Clawson, LLP. Read it.
news headlines
california top cases
California Top Cases (updated 5/8/2010), powered by Cal. Comp. Cases
> Davis v. Board of Chiropractic Examiners
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Top 25 Blogs 2009
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