Calif Edition Banner March 2010
Vol 1, Issue 24

Find Solutions & Strategies                                 May 24, 2010

Petitions to Terminate Temporary Total Disability
Must claims examiner file petition to terminate after 104 weeks of TTD has been paid under a Findings andAward?
In This Issue
* FEATURED ARTICLE: Petitions to Terminate TTD
* PANEL DECISIONS: counsel's failure to appear, rescission of dismissal order
* PANEL DECISIONS REPORTER: $159/yr. special offer
* BLOG ROUND UP: fraud, CCC's, MSP
* NEWS HEADLINES: WCAB stabbing incident, QME panel forms, furloughs, State funds, Zenith

A Note From the Editor

Robin Kobayashi
Dear WC Professionals:
I hope everyone has a fun and safe Memorial Day weekend. The next eNewsletter goes out Tuesday, June 1.
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development

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FEATURED ARTICLE: petitions to terminate ttd

Robert RasspPetitions to Terminate TTD vs. Labor Code Section 4656(c), by Robert G. Rassp. The problem: Here's one for you....You have an injury AOE/COE denied case that goes to trial. The WCJ finds that the injury is work related and the Applicant is currently temporarily totally disabled and orders Defendant to pay benefits. Defendant files a Petition for Reconsideration which is denied and does not file a writ at the DCA so the Findings and Award is final. The injury is serious and 104 weeks of TTD will be paid within the next four to six weeks. The claims administrator calls or emails defense counsel and asks: "Do we have to file a Petition to Terminate TTD at the WCAB or do we just stop paying TTD after we have paid 104 weeks?" Ok, all of you scholars, whatdoyouthink? Read it

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
Attorneys; Request to Be Relieved as Counsel. WCAB rescinded WCJ's finding that there was no reasonable basis for defense counsel's failure to appear at trial, and held that, although defense counsel's failure to appear was not justified by its alleged withdrawal as counsel because counsel neither sought nor obtained permission to withdraw and no Substitution of Attorney was submitted, WCJ's finding of unreasonable failure to appear, without notice and prior hearing, was a violation of due process. See Johnson panel decision.
Dismissal; Rescission of Dismissal Order. WCAB denied defendant's petition for removal from WCJ's order re-joining defendant as a party defendant after defendant had already been dismissed from applicant's case, when WCAB found that, although order dismissing defendant was a final order pursuant to LC 5900, WCAB had continued jurisdiction under LC 5803 to rescind dismissal order, that time limitations in LC 5804 did not apply because there was no award of compensation, and that there was good cause to rescind dismissal order pending a determination of applicant's date of injury under LC 5500.5 and parties liable for injury. See Benoit panel decision.

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Fraud Sign
Workers' Comp  Fraud Blotter 5/20/2010 - recent arrests, charges, convictions, investigations. Read it
Cal Comp Cases
Cal. Comp. Cases May Advanced Postings 5/19/2010. Contempt. Subsequent Injuries Fund. QMEs. Sanctions. Permanent Disability. Injury AOE/COE. Read it.
Ryan RothCMS' Memorandum Regarding Rated Age Attestation/Certification and Medications Prescribed for Off-Label Uses, by Ryan Roth, MedVal. Read it.
news headlines
> CA: Heggeness, Sweet, Simington & Patrico and Mentz, Finn & McDowell Announce Merger Agreement
> CA: Illegal Immigrant to Sue Employer for Electric Shock Injury
> CA: DWC Introduces Optional Medical Unit Qualified Medical Evaluator Panel Request Forms
> CA: Law Offices of Stoody, Mills & Doyle Move to Irvine
> CA: Labor Commissioner Issues $700,000 in Citations During Enforcement of Carwash Industry
> CA: Cal Chamber Says Workers' Comp Presumptions Bill Is Job Killer
> CA: Officer's Workers' Comp Retaliation Claim Brings Police Dept. Politics,Tactics Under Scrutiny
> CA: Roofing Business Owner Arrested for Alleged Workers' Comp Fraud
> CA: Supreme Court to Hear Furlough Case
> CA: Santa Cruz District Attorney Investigating SubRosa Cafe on Workers' Comp Issues
> CA: Man in Critical Condition After Being Stabbed at WCAB
> Zenith Announces Commencement of Consent Solicitation
> The State of the State Compensation Funds
> Fairfax Receives Regulatory Approval for Zenith Acquisition
> Where's The Beef? - Tony Macauley Discusses Los Angeles NWCDN Seminar
> Researchers Attempt to Unravel the Secrets of Chronic Pain and Disability
> NIOSH Says Dermal Exposures in Occupational Settings Frequently Overlooked
> AIA Issues Statement on Senate Passage of Financial Services Regulation Reform  
california top cases
California Top Cases (updated 5/22/2010), powered by Cal. Comp. Cases
> People v. Preza
> SCIF v. Superior Court
> E&J Gallo v. WCAB
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