Calif Edition Banner March 2010
Vol 1, Issue 32

Find Solutions & Strategies                                  July 19, 2010

FEHA: Triggering the Interactive Process
Court of Appeal says employee must request accommodation
In This Issue
* PANEL DECISIONS: 24 visit limitation, COLA
* PANEL DECISIONS REPORTER: $159/yr. special offer
* NEWS HEADLINES: Mendoza appealed, Data reporting errors
* BLOG ROUND UP: fraud, CCCs, insolvency, wireless, defense base act
* ARCHIVES: view past eNewsletters

A Note From the Editor

Robin Kobayashi
Dear WC Professionals:
Maureen Kohl Bennnington has written an informative article about ADA and return-to-work litigation.See box below. Next week: the historical development of the ADA.
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
Americans with Disabilities Act
20th Anniversary July 26, 2010 
Quick Links
WCJ Roster (updated 7/9/2010)
EAMS Blogs Index (updated 6/24/2010)
Impairment Guides Resource Center (formerly AMA Guides Resource Center)
Web Poll in Progress
Which of these developments will impact the workers' comp industry the most?:
  • MSP compliance & penalties - 57%
  • Recession - 14%
  • Skyrocketing medical costs - 29%


Shaw JacobsmeyerCalifornia Employee Must Request Accommodation to Trigger Interactive Process, by Richard Jacobsmeyer. The 4th District Court of Appeals has reversed a 6 figure award for employment discrimination in a FEHA claim arising from a work related injury to a water plant treatment worker who was unable to return to her usual and customary job.  The Court ruled the applicant failed to provide any indication to the employer over an 18 month period of time, during which she was participating in vocational rehabilitation, of an interest in returning to work with the employer. > 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).

Chiropractic 24-Visit Limitation. Defendant was not entitled to reimbursement by lien claimant in excess of 24 chiropractic visits because (1) LC 4604.5(d)(1) does not authorize restitution for voluntary payment of excessive treatment and, although restitution is allowed in limited circumstances pertaining to medical-legal expenses under LC 4622 and 4625, these sections do not apply to medical treatment, (2) defendant knew of 24-visit limit yet continued to pay for excessive treatment, (3) defendant did not allege unjust enrichment, fraud, duress, or mistakes of law or fact, and (4) principle of transactional stability applied because lien claimant continued to provide treatment based upon defendant's payments. See Mora panel decision.


Death Benefits; COLA. Dependent of decedent was not entitled to annual increases in death benefits based upon application of LC 4453(a)(10), when LC 4453(a)(10) does not mandate a higher rate for payment of death benefits beyond rate determined under LC 4453(c) by calculation of average weekly earnings using evidence of actual earnings or "earning capacity." See Peckham panel decision.

NPD reporter banner

NEW! Designed especially for subscribers only, this monthly reporter saves you research time so that you can quickly find recent panel decisions on key topics.

Thumbs Up JULY ISSUE: Guest contributor Kenneth M. Sheppard, Esq. on substantial evidence in the absence of a presumption and the statute of limitations defense.
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) Email/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.
* Each email/web issue accessible for up to a year 
news headlines
Thumbs Up > CA: Mendoza En Banc on Rule 30 Appealed by Injured Worker
Thumbs Up >
CA: Data Reporting Errors Plague California Workers' Comp System
CA: CalChamber Says Utilization Review Bill Increases Workers' Comp Costs
CA: DWC Files Amendment to Ambulance Fee Schedule
CA: DWC Accepting Applications for QME Examination
CA: Governor Signs Bill on Public Employees Leaves of Absence
> New CMS Life Expectancy Table Effective July 19, 2010
> Zurich, Artex Team Up to Offer Workers' Comp to Temporary Staffing Firms
> Proposed Guidelines to Expand Diagnosis for Alzheimer's Would Impact Insurance, Workers' Comp Programs
> PMSI Releases 2010 Annual Drug Trends Report
> Workers' Comp 20/20: Tethered by Wireless - The Future Office Without Walls
> AIG Chairman Harvey Golub Resigns
> Mark Walls and The Work Comp Analysis Group
> AIA Statement on Passage of Dodd-Frank Financial Regulatory Reform Legislation
> PCI's Sampson Reacts As Dodd-Frank Act Clears Procedural Hurdle For Senate Passage

P2548 CA WC HotDocs
Order the Forms
P1432 book cover
Order Today
Top 25 Blogs 2009
View the Honorees
80283 cover
Order Today
Fraud SignWorkers' Comp  Fraud Blotter 7/15/2010 - recent arrests, charges, convictions, investigations. Read it.      
Cal Comp CasesCal. Comp. Cases July Advanced Postings 7/14/2010.  Going and Coming Rule. Employment Relationships. Firefighters; Presumption of Cancer. Injury AOE/COE. Post-Termination Claim. Read it.
Cal Comp CasesCal. Comp. Cases June 2010 Issue.  Obtain CCC cites for recent court cases, WCAB en bancs, and writ denied cases. subscribers can link to the actual cases. Read it
William ZachryCalifornia Insurance Insolvency and Safety Net for Injured Workers, by William Zachry. Read it.
workerscompensation.comWorkers' Comp 20/20: Tethered by Wireless - The Future Office Without Walls, by Workers Read it.
Appeal of Defense Base Act Claims to the Courts: The Disagreement Over Forum Continues
by Monica Markovich, Brown Sims, P.C.  Read it.
enewsletter archives
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 

LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.

Privacy & Security Copyright © 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.