Calif Edition Banner March 2010
Vol 1, Issue 34

Find Solutions & Strategies                               August 2, 2010

Ex Parte Communications
When should an attorney refuse to speak to a doctor?
In This Issue
* FEATURED ARTICLE: Ex parte communications
* PANEL DECISIONS: MPNs, Panel QMEs
* PANEL DECISIONS REPORTER: $159/yr. special offer
* NEWS HEADLINES: EAMS forms, SCIF president
* BLOG ROUND UP: fraud, CCCs, DWC regs
* JUDGES IN THE NEWS: WCJ Babcock
* CALIF. TOP CASES: Krause, Narayan
* ARCHIVES: view past eNewsletters

A Note From the Editor

Robin Kobayashi
 
Dear WC Professionals:
 
Don't forget to take advantage of the $159 limited time discount offer for the first year's subscription of our new panel decisions reporter.
 
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LexisNexis Editorial & Content Development
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FEATURED ARTICLE

Colleen CaseyEx Parte Communications. Judge Colleen Casey examines ex parte communications with regular physicians as well as AMEs and QMEs in light of the recent Oseguera panel decision where the doctor called the attorney for missing medical records. > Read more

Note: Subscribers to the California Library on lexis.com can access the Oseguera panel decision. If you would like to become a lexis.com subscriber, please email:
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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).
 

Medical Provider Networks. Defendant was not liable for medical treatment self-procured by applicant when any defect in defendant's MPN notice was sufficiently cured by proof of defendant's subsequent notice in its correspondence to applicant and to her non-MPN physician; defendant's lapse of proof of its initial notices at trial did not entitle applicant to continuous self-procured medical treatment at defendant's expense. See Jakes panel decision.

 

Panel Qualified Medical Evaluators. WCAB rescinded WCJ's finding that report of panel QME in psychology should not be provided to ophthalmologic panel QME over applicant's objection, when psychologist's report was relevant to ophthalmologist's evaluation of applicant's eye injury; WCJ's decision was not consistent with LC 4063.2, which authorizes delivery of relevant medical and other records to panel QME, and only allows for objection to provision "non-medical" records. See Banks panel decision.

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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: PacificComp Appoints Chris DeSales Agency Relations Manager
> CA: State Compensation Insurance Fund Board Names Tom Rowe President and CEO
> CA: Doctor Files Libel Lawsuit Against Adjuster.com
> CA: Governor Issues Executive Order for Friday Furloughs, Affects 150,000 State Workers
> CA: SeaBright May Need to Sell Itself, Hit Hard by Troubled California Workers' Comp Market
Medical Marijuana Use Approved in Selected VA HospitalsErie Indemnity Posts 2Q Results
> Study on Agricultural Injuries Finds Workers' Comp Covered Only 5% of Inpatient Hospital Stays, Points to Need for Comprehensive Health Coverage
> Workers' Comp Matters Posts Podcast on Workers' Comp Centennial
> OSHA Files Worker Safety Complaint Against U.S. Postal Service, Requests Enterprise-Wide Relief as Remedy for First Time
P2548 CA WC HotDocs
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Top 25 Blogs 2009
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BLOG ROUND UP
 
Fraud SignWorkers' Comp  Fraud Blotter 7/29/2010 - recent arrests, charges, convictions, investigations. Read it.        
 
 

Cal Comp CasesCal. Comp. Cases July Advanced Postings 7/28/2010.  Read it.  
 
 
 
 
William ZachryCalifornia Department of Industrial Relations Regulations: Update and Comments, by William Zachry. Read it.  
 
 
judges in the news
 
> Workers' Compensation Judge Gail Babcock, Marina del Rey District Office, is retiring effective August 13, 2010.
california top cases
 
California Top Cases, powered by Cal. Comp. Cases
 
> Krause v. W.C.A.B. (MPNs; notice)
> Narayan v. EGL, Inc. (employment relationships; choice of law)
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 19, 2010
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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