LexisNexis Workers' Compensation eNewsletter

Petitions 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 Robin.E.Kobayashi@lexisnexis.com.

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 WCAB rescinded WCJ's finding that there was no reasonable basis for defense counsel's failure to appear at trial, and held that, although defense counsel's failure to appear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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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 lexis.com; 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 Robin.E.Kobayashi@lexisnexis.com

First issue begins in June 2010.

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