Calif Edition Banner March 2010
Vol 1, Issue 33

Find Solutions & Strategies                                  July 26, 2010

ADA 20th Anniversary Gold Flag
The Declaration of Independence
 for People With Disabilities
In This Issue
* FEATURED ARTICLE: ADA 20th anniversary
* PANEL DECISIONS: contribution, depositions
* PANEL DECISIONS REPORTER: $159/yr. special offer
* NEWS HEADLINES: ambulance fee schedule; utilization review
* BLOG ROUND UP: fraud, notices, CCCs, interactive process, pharmacy fee schedule
* ARCHIVES: view past eNewsletters

A Note From the Editor

Robin Kobayashi
Dear WC Professionals:
The reality of the ADA in the workplace as I see it: jobless rate for disabled people continues to be much higher than non-disabled workers; technological barriers still remain; employee sensitivity training is not high priority. Let's see if we can change things during the next 20 years.
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)
Los Angeles RIMS Meeting
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August 18, 2010
Registration: 11:30 a.m.
Meeting Adjourns: 1:30 p.m.
"Using Structured Settlements to Close Workers' Comp Claims"
R. Jeffrey Evans, Gilbert Kelly, Crowley & Jennett, LLP
Teddy Snyder, Esq., C.S.S.C., Ringler Associates
Beverly Garland Holiday Inn
4222 Vineland Ave.
North Hollywood, CA 91602
$45 pre-registered
$60 onsite registration


Jonathan MookThe ADA at Twenty: A Time for Celebration and Reflection, by Jonathan R. Mook. Twenty years ago this month, President George H.W. Bush signed into law the most sweeping anti-discrimination measure enacted by the Congress since the passage of the Civil Rights Act of 1964 - the Americans with Disabilities Act of 1990 ("ADA"). The ADA, which then President Bush described as the "world's first comprehensive declaration of equality for people with disabilities," has as its purpose nothing less than to bring into society's mainstream the millions of Americans with disabilities. This month, therefore, is a time for celebration of what has been termed the "declaration of independence" of individuals with disabilities. In addition to celebrating the great achievement that marks the ADA's enactment into law, this month also offers us the opportunity for reflection and for an assessment of the extent to which the important and laudable goals of the ADA have been achieved. > 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).

Contribution; Statute of Limitations. Pursuant to Old Republic Insurance Company v. W.C.A.B. (Bennett) (writ denied), defendant was not barred by statute of limitations from seeking contribution against co-defendant for benefits owed to applicant based upon failure to timely file Petition for Contribution, when declaration of readiness to proceed was sufficient to "initiate proceedings" within one year of date of Stipulated Award under LC 5500.5(e). See Wines panel decision.


Discovery; Depositions. Majority of WCAB panel granted defendant's petition for removal from WCJ's order limiting type of employer representative allowed to attend deposition of applicant to a representative from human resources/claims management and precluding applicant's manager or co-worker from attending, when applicant did not show that he would be subjected to unwarranted annoyance, embarrassment or oppression so as to support exclusion of employer's management representative from his deposition, and there was no statutory basis for such exclusion. See Padilla panel decision.

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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 AUGUST ISSUE NOW IN PRODUCTION: Guest contributor James Ponzio on stress-related compensable consequence injuries. Guest contributor on the Uniformed Increasing Reduction (UIR) method for commuting permanent disability.
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news headlines
> CA: DWC Files Amendment to Ambulance Fee Schedule
> CA: DWC Accepting Applications for QME Examination
> CA: CalChamber Says Utilization Review Bill Increases Workers' Comp Costs
> CA: Injured Worker Advocates Say Insurers Received $25.4B in Profit Since 2004
> CA: Allstate Sues 18 Doctors, Chiropractors for Fraud
> CA: RIMS Meeting to Cover Structured Settlements to Close Workers' Comp Claims
Thumbs Up > CA: Marc Marcus Wins State Bar Award - Applicant's Attorney of the Year
> CA: Workers' Comp Insurers Seek Sharp Increase in Premiums
> Mark Walls and The Work Comp Analysis Group
> AIA Statement on Passage of Dodd-Frank Financial Regulatory Reform Legislation
> President Obama Announces POWER Initiative to Prevent Injuries of Federal Civilian Employees
> US: Asbestos-Related Worker Deaths Expected to Top Half a Million Mark by 2029
> Property Casualty Insurers React to Dodd-Frank Act; New Federal Insurance Office
P2548 CA WC HotDocs
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Fraud SignWorkers' Comp  Fraud Blotter 7/22/2010 - recent arrests, charges, convictions, investigations. Read it.       

CWCIChanges to California Workers' Comp Posting Notices, Pamphlets & Claim Forms Expected by October, by California Workers' Compensation Institute. Read it.

Cal Comp CasesCal. Comp. Cases July Advanced Postings 7/21/2010.  Subsequent Injuries Benefits Trust Fund. Stipulations. Injury AOE/COE. Workers' Comp Judges. Read it. 
Goldman Magdalin KrikesCalifornia Employee's Failure to Indicate Her Intention to Return to Work Cuts Off Interactive Process, by Goldman, Magdalin & Krikes, LLP. Read it.

William ZachryCalifornia Pharmacy Fee Schedule - The "Compounding" Loophole, by William Zachry. Read it. 
enewsletter archives
Take a deep dive into our past eNewsletters for 2010...warning - some links to articles may not any linking problems to
July 19, 2010
July 12, 2010
July 6, 2010
June 28, 2010
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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