Calif Edition Banner March 2010
Vol 1, Issue 28

Find Solutions & Strategies                                 June 21, 2010

Attorney Involvement in California Workers' Comp
Study finds high level of attorney involvement in comp claims
In This Issue
* FEATURED ARTICLE: attorney involvement
* PANEL DECISIONS: jurisdiction & football player, Pasquotto distinguished
* PANEL DECISIONS REPORTER: $159/yr. special offer
* NEWS HEADLINES: WCIRB report, furloughs, lien procedures
* BLOG ROUND UP: fraud, CCCs, Ogilvie burden
* HANNA TREATISE: new release highlights
* ARCHIVES: view past eNewsletters

A Note From the Editor

Robin Kobayashi
Dear WC Professionals:
Visit the LexisNexis booth at the CAAA Summer Convention in Monterey, June 24-26. LexisNexis sales rep Terry Crabtree will answer your questions in person. We are also donating an Amazon Kindle for the iWAR silent auction at the conference.
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
Quick Links
WCJ Roster (updated 6/2/10)
EAMS Blogs Index (updated 6/7/2010)
Impairment Guides Resource Center (formerly AMA Guides Resource Center)

WorkCompCentral Education thumbnail

Don't Be Intimidated by Medicare!

 Effective Strategies for Meeting MSA Obligations
 July 17, 2010, Camarillo, CA
 Jennifer Jordan 2 
Instructor: Jennifer C. Jordan, General Counsel, MEDVAL, LLC, Editor-in-Chief of The Complete Guide to Medicare Secondary Payer Compliance (LexisNexis) (Fall 2010)
Find out what is required by law, what is required by CMS, how to identify cases not to submit to CMS for review, how to clean up your case for a better CMS outcome, how to evaluate your vendor's MSA evaluations & much more
Web Poll Final Results
Medical treatment access and quality for workers' comp claimants in your state are:
  • Good - 20%
  • Fair - 20%
  • Poor - 60%


CWCICWCI Data Quantifies Attorney Involvement in California Workers' Comp. New data reveals a high level of attorney involvement in California's "no-fault" workers' compensation system and finds that between 2000 and 2008, attorneys were involved in nearly 44 percent of all lost-time claims and in more than 86 percent of claims involving permanent disabilities. Regional differences in attorney involvement were also found. > Read the summary 
recent panel decisions - sneak preview
Each week we report a few recent panel decisions that we're considering for the LexisNexis® services:
NOTE: This free eNewsletter reports only a handful of panel decisions each month. If you want notification of all 40 to 65 noteworthy panel decisions added each month to the Lexis database, please consider purchasing our new panel decisions reporter (see box below).

Subject Matter Jurisdiction; Out-of-State Employment. WCAB, rescinding WCJ's finding, held that there was insufficient evidence in record to determine whether requirements in LC 3600.5(b) were satisfied so as to deprive State of California of subject matter jurisdiction over cumulative injuries suffered by professional football player while playing for Cincinnati Bengals during period through 4/12/94. > Read the Carroll panel decision


Permanent Disability; Apportionment; Compromise and Release Agreement as Prior Award. WCAB, distinguishing Pasquotto v. Hayward Lumber (en banc), held that order approving compromise and release constituted a "prior award of permanent disability" for purposes of LC 4664 apportionment, because there was an express clause regarding agreed permanent disability rating and a statement that rating was based upon AME's report. > Read the Perez panel decision

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NEW! Designed especially for Lexis subscribers, this 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.
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July 2010 issue now in production.
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news headlines

P2548 CA WC HotDocs
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P1432 book cover
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Top 25 Blogs 2009
View the Honorees
80283 cover
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Fraud SignWorkers' Comp  Fraud Blotter 6/17/2010 - recent arrests, charges, convictions, investigations. Read it.  
Cal Comp CasesCal. Comp. Cases June Advanced Postings 6/16/2010.  Sanctions. WCJs; Petitions for Disqualification. Read it.
Cal Comp CasesCalifornia Workers' Compensation Cases Roundup 6/16/2010. The May issue of Cal. Comp. Cases is now on Read it. Publisher's Note: Alvarez v. W.C.A.B., which was reported in our May issue, was vacated by the Court of Appeal after the issue went to press. We will update the case with subsequent history in our annual hardbound volume.
Howard StevensThe Ogilvie Burden. Howard Stevens, McDermott & Clawson, LLP, provides practice tips on how to meet the Ogilvie burden in light of recent panel decisions Shini v. Pacific Auto Body and Garcia v. HinrichsenRead it
what's new in THE HANNA TREATISE
P270 coverThe next set of updates for Hanna, California Law of Employee Injuries and Workers' Compensation will include, among other things:
Privacy & Sub Rosa Video Surveillance. New section on conflicts between right to privacy and sub rosa video surveillance
Utilization Review and Spinal Surgery. Discussion of utilization review of requests for authorization for spinal surgery
Penalty Assessments; Failure to Insure. Coverage of amended Labor Code Section 3722, effective January 1, 2011, which increases the penalty assessments for failure to obtain workers' compensation insurance and specifies the method for calculating those penalties. 
Chiropractic Manipulation Under Anesthesia. Discussion of 16 Cal. Code Reg. § 318.1, operative March 18, 2010, which governs chiropractic manipulation under anesthesia (MUA).
Permanent Disability; Rating; Whole Person Impairment. Discussino of the Appeals Board en banc decision in Blackledge v. Bank of America, which sets out the respective rules and responsibilities of a reporting physician, the WCJ, and the rater in assessing an injured employee's whole person impairment under the AMA Guides.

Injury AOE/COE; Qualified Medical Evaluators; Rule 30(d)(3). Discussion of the Appeals Board en banc decision in Mendoza v. Huntington Hospital, which held that 8 Cal. Code Reg. § 30(d)(3) is invalid because it conflicts with Labor Code Sections 4060(c) and 4062.2 and exceeds the scope of Labor Code Section 5402(b). 
enewsletter archives
Take a deep dive into our past eNewsletters for 2010...warning - some links to articles may not any linking problems to
June 14, 2010
June 1, 2010

May 24, 2010

May 17, 2010

May 10, 2010

May 3, 2010

April 26, 2010

April 19, 2010

April 12, 2010

April 5, 2010

March 29, 2010

March 22, 2010

March 15, 2010

March 8, 2010

March 1, 2010

February 22, 2010

February 16, 2010

February 9, 2010

February 2, 2010

January 26, 2010 

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