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Find Solutions & Strategies July 19, 2010 |
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FEHA: Triggering the Interactive Process
Court of Appeal says employee must request accommodation |
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A Note From the Editor |  |
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.
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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Americans with Disabilities Act
20th Anniversary July 26, 2010 |

by Maureen Kohl Bennington |
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%
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FEATURED ARTICLE |
California 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.
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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. |
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NEW! Designed especially for Lexis.com subscribers only, this monthly reporter saves you research time so that you can quickly find recent panel decisions on key topics.
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 lexis.com; and (2) Print version, which can be stored in a binder.
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.
$159 PRICE INCLUDES BOTH PRINT AND EMAIL/WEB VERSION
* Each email/web issue accessible for up to a year
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BLOG ROUND UP |
Workers' Comp Fraud Blotter 7/15/2010 - recent arrests, charges, convictions, investigations. Read it.
Cal. 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. Cases June 2010 Issue. Obtain CCC cites for recent court cases, WCAB en bancs, and writ denied cases. Lexis.com subscribers can link to the actual cases. Read it.
California Insurance Insolvency and Safety Net for Injured Workers, by William Zachry. Read it.
Workers' Comp 20/20: Tethered by Wireless - The Future Office Without Walls, by Workers Compensation.com. 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. |
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enewsletter archives |
Take a deep dive into our past eNewsletters for 2010...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.
July 12, 2010
July 6, 2010
June 28, 2010
June 21, 2010
June 14, 2010
June 1, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103428836972.html
May 24, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103424392153.html
May 17, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103406552817.html
May 10, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103375976783.html
May 3, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103353063934.html
April 26, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103330236374.html
April 19, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103299190031.html
April 12, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103274786037.html
April 5, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103253375187.html
March 29, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103221393952.html
March 22, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103194496278.html
March 15, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103158082746.html
March 8, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103143755983.html
March 1, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103099894039.html
February 22, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103073800750.html
February 16, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103029296112.html
February 9, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1102999766740.html
February 2, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1102970190663.html
January 26, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1102967250030.html |
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