Calif Edition Banner March 2010
Vol 1, Issue 25

Find Solutions & Strategies                                  June 1, 2010

EAMS: Avoid Trips and Tricks 
Adhere to DWC's Triple Top Tips
In This Issue
* POINT COUNTERPOINT: manipulation under anesthesia
* PANEL DECISIONS: presumption of compensability, EAMS and petitions for reconsideration
* PANEL DECISIONS REPORTER: $159/yr. special offer
* BLOG ROUND UP: fraud, CCCs, physician fees, VR, medical payments, Aguilar case
* JUDGES IN THE NEWS: Mandeville, Welch

A Note From the Editor

Robin Kobayashi
Dear WC Professionals:
As a valued subscriber to this eNewsletter, you can access our two articles on Manipulation Under Anesthesia for free through June 15, 2010. See box to the right.
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
Quick Links
WCJ Roster (updated 4/27/10)
EAMS Blogs Index (updated 4/30/2010)
Impairment Guides Resource Center (formerly AMA Guides Resource Center)
Videocast of the Week

With regard to Medicare Secondary Payer reporting requirements, what about latent disease claims arising from pre-1980 exposures, 1980 being the year MSP was enacted?  

Marc Gaffrey 

Listen to Marc S. Gaffrey, a partner with Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick, N.J.

Web Poll in Progress
As a workers' comp professional, do you use social media sites (LinkedIn, Facebook, Twitter, MySpace, etc.) to help you with your work?
  • Never - 17%
  • Rarely - 17%
  • Sometimes - 67%

Colleen CaseyEAMS: Avoid Trips and Tricks. Judge Colleen Casey provides 3 tips for easing through the current litigation process: (1) forms to expedite the panel QME process; (2) State Bar requirement of email addresses for all members; and (3) procedure to obtain an emergency stay. Read it

point counterpoint: manipulation under anesthesia

Caduceum MEDICALMUA: Is the Whole Greater Than the Sum of its Parts? by Stephen Levit, MD. Spinal manipulation under anesthesia is a controversial procedure for allegedly treating spine pain using osteopathic or chiropractic manipulation techniques while the patient is under general anesthesia or conscious sedation. The lack of evidence-based scientific studies in terms of either short or long term outcome proving valid pain reduction is sufficient to result in rejection of the technique's effectiveness for most allopathic osteopaths and medical doctors. Read more. (Note: This article may be accessed for free through June 15, 2010.)

caduceus CHIROMUA: A Safe, Effective, and Cost-Effective Procedure for Suitable Candidates, by Edward Cremata, DC. The controversy over spinal MUA has been fueled by opinions that have circulated regarding spinal FRP-MUA procedures - some justified, but most based on ignorance and mistruths. The issues commonly raised regarding FRP-MUA procedures for the spine include safety, efficacy, legality, abuse, and cost-effectiveness. I will address each of these issues briefly within this article. Read more (Note: This article may be accessed for free through June 15, 2010.)
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
Presumption of Compensability; Time to Deny Claim. WCAB held that, although defendant did not notify applicant that it denied her claim within 90-day time period, weight of evidence in light of entire record supported conclusion that defendant's decision to deny applicant's claim occurred prior to expiration of 90-day period so as to render presumption inapplicable. See Wheeler panel decision.

WCAB Procedure; EAMS. WCAB found that defendant's petition for reconsideration electronically filed on 4/22/2009 with incorrect case numbers (legacy numbers rather than ADJ numbers, as required by EAMS) was timely filed even though petition was not accepted for filing until defendant re-filed with correct case numbers on 4/30/2009, three days after filing deadline. See Pantoja 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; 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 
P2548 CA WC HotDocs
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Top 25 Blogs 2009
View the Honorees
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Fraud SignWorkers' Comp  Fraud Blotter 5/27/2010 - recent arrests, charges, convictions, investigations. Read it  
Cal Comp CasesCal. Comp. Cases May Advanced Postings 5/25/2010. Permanent disability.  Death benefits. CIGA.  Read it
CWCI Study Documents Recent Surge in California Workers' Comp Medical Payments.
Read it
Shaw JacobsmeyerCalifornia Appellate Court Clarifies Vocational Rehabilitation Appeal Rights, by Richard Jacobsmeyer. Read it
Joe PadudaPhysician Fees Will Change - Are You Paying Attention? by Joe Paduda. Read it
Cal Comp CasesHertz Corp. v. WCAB (Aguilar) Unpublished After Supreme Court Dismissed Applicant's Petition for Review. Read it
news headlines
california top cases
California Top Cases (updated 5/30/2010), powered by Cal. Comp. Cases
> Martinez v. Combs
> Los Angeles County Fire Dept. v. WCAB/Norton
judges in the news
> Judge Joseph Mandeville at the Pomona District Office is retiring at the end of June
> Judge Robert E. Welch at the Pomona District Office is ending his tenure as a retired annuitant at the end of June
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