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
* FEATURED ARTICLE: FEHA
* 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.
 
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
Americans with Disabilities Act
20th Anniversary July 26, 2010 
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FEATURED ARTICLE

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

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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.

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.
 
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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

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BLOG ROUND UP
 
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. Lexis.com 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 Compensation.com. Read it.
 
 
monicamarkovich
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

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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