Calif Edition Banner March 2010
Vol 1, Issue 29

Find Solutions & Strategies                                 June 28, 2010

Tips for Filing Petitions for Reconsideration
How to maximize your chance of success & avoid sanctions
In This Issue
* FEATURED ARTICLE: Reconsideration
* PANEL DECISIONS: 132a; DFEC, grip loss
* PANEL DECISIONS REPORTER: $159/yr. special offer
* BLOG ROUND UP: fraud, CCCs, apportionment
* JUDGES IN THE NEWS: Anaheim District Office

A Note From the Editor

Robin Kobayashi
Dear WC Professionals:
July 5th is a company holiday for me. The next eNewsletter will go out Tuesday, July 6th. Have a happy & safe 4th of July holiday weekend!
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
Quick Links
WCJ Roster (updated 6/2/10)
Thumbs UpEAMS Blogs Index (updated 6/24/2010)
Impairment Guides Resource Center (formerly AMA Guides Resource Center)

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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
Impairment Guides Resource Center
 Impairment Guides Resource Center
Thumbs UpRevised 50 States Chart on AMA Guides

FEATURED ARTICLE:  Petitions for reconsideration

Colleen CaseyTips for Filing Petitions for Reconsideration, by Judge Colleen Casey. Electronic filing of documents has provided an opportunity for the WCAB to revamp their rules on Petitions for Reconsideration. Failure to follow these rules may result in denial of your argument, or worse, the imposition of sanctions. So it's prudent to become familiar with the guidelines for filing your Petition for Reconsideration to maximize your chance for success. > Read more
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).

Discrimination; Labor Code § 132a; Diminished Future Earning Capacity. WCJ properly deferred issues regarding applicant's loss of earnings until after resolution of 132a claim, as determination under 132a of entitlement to back wages was relevant and inextricably related to applicant's claim of diminished future earning capacity resulting from industrial injury and application of Ogilvie, and, therefore, adjudication of 132a claim was prerequisite to determining DFEC. See Mitchell panel decision.


Permanent Disability; Rating; AMA Guides. AME's report constituted substantial evidence to support inclusion of applicant's grip loss as an impairment in rating permanent disability under strict reading of AMA Guides and pursuant to Almaraz/Guzman, when AME explained that loss of grip strength provided most accurate basis for describing applicant's residual impairment, and that, based upon AME's opinion and DEU rating, applicant suffered 30% permanent disability as a result of his industrial injuries to right shoulder, rotator cuff and biceps tendon. See Medina 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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news headlines

> CA: Woodland Man Arrested for Allegedly Faking Injuries to Receive More Than $400,000 in Workers' Comp Benefits
> CA: Cincinnati Bengals Unsuccessful in Denying WCAB of Jurisdiction in Injured Football Player's Case
> CA: Order Approving C&R Settlement Constituted Prior Award for Purposes of Apportionment
> CA: ACIC Supports MSP Resolution, CIGA, Agent Licensing Bills, Opposes Arbitration, Utilization Review Bills
> CA: GMK Attorneys Julie Chun and Joan Son Revoredo Are Super Lawyers Rising Stars
Thumbs Up> CA: CHSWC QME Study Says Mismatch Exists Between Supply and Demand for Specific Specialties
Thumbs Up> CA: CHSWC Study Predicts 400,000 Medical Liens, Over $2.7 Billion in Medical Claims Filed Annually
Thumbs Up> CA: CHSWC Recommends Legislative Changes to Improve and Simply Benefit Notices
> Broadspire Launches First Alternative Dispute Resolution Process Offered By A National TPA
> OptaComp Selects Complete WC Claims Administration System From Aon eSolutions
> Terrorism Insurance Take-Up Rates Rise Across Majority of Industries and Companies in 2009
> IAIABC and ACOEM Partner for Better Outcomes in Workers' Compensation
P2548 CA WC HotDocs
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Top 25 Blogs 2009
View the Honorees
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Fraud SignWorkers' Comp  Fraud Blotter 6/24/2010 - recent arrests, charges, convictions, investigations. Read it.   
Cal Comp CasesCal. Comp. Cases June Advanced Postings 6/23/2010.  Permanent Disability; Application of 2005 Rating Schedule. Petitions for Writ of Review. Read it
Goldman Magdalin KrikesPanel Decision Opens the Door for LC §4664 Apportionment With Prior C&R. Goldman, Magdalin & Krikes analyzes Perez v. Tapia Brothers. Read it.
judges in the news
> Judge Jack James is no longer with the Anaheim District Office
> Judge Jules Greenberg is now part of the Anaheim District Office
california top cases
California Top Cases (updated 6/25/2010), powered by Cal. Comp. Cases
> Campos v. W.C.A.B.
> Clark v. San Joaquin Community Hospital
enewsletter archives
Take a deep dive into our past eNewsletters for 2010...warning - some links to articles may not any linking problems to
June 21, 2010
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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