Calif Edition Banner March 2010
Vol 1, Issue 37

Find Solutions & Strategies                             August 23, 2010

Guzman II Affirmed by 6th DCA
Court rejects narrow AMA Guides approach
In This Issue
* PANEL DECISIONS: LeBoeuf & 2005 PDRS, Commutation of Award, Lien claimant interpreter & discovery
* PANEL DECISIONS REPORTER: $159/yr. special offer
* NEWS HEADLINES: WCIRB files recommended 29.6% rate increase
* BLOG ROUND UP: fraud, CCCs, notices, compound drugs
* ARCHIVES: view past eNewsletters

A Note From the Editor

Robin Kobayashi
Dear WC Professionals:
The 6th DCA has spoken in Guzman, giving injured workers a victory (for now). What about the 5th DCA and the Almaraz appeal? Will the 5th DCA take up the case and potentially create a split in the courts? 
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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featured articleS: Guzman II Affirmed

 Shaw Jacobsmeyer

First Salvo: 6th District Upholds W.C.A.B. in Guzman Case, by Richard Jacobsmeyer. "This is only the first salvo in the ongoing discussion of this issue at the appellate courts."  Read more.

Goldman Magdalin Krikes
Sixth Appellate District Affirms WCAB Decision in Guzman v. Milpitas School District, by Goldman, Magdalin & Krikes, LLP. "[T]he Court of Appeals sets an encouragingly high standard for potential exploitation by the defense." Read more.
Nigel Baker Almaraz/Guzman 2 Upheld, by Nigel Baker. "I fear that the opinion will allow the exception to swallow up the rule." Read it.
Julius Young thumbnailGuzman, by Julius Young. "At the end of the day under Guzman, the 'how and why' expressed by the physician will be critical." Read it.
Robert Rassp
Guzman III, The DCA Speaks, by Robert G. Rassp. "[The DCA's assertion on page 24] seems to mean that a physician may utilize new medical science that updates the applicability of rating impairment in the 5th edition of the AMA Guides." Read it.
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).
Permanent Disability; 2005 Schedule. Although LeBoeuf doctrine does not apply to permanent disability evaluated under AMA Guides, the 2005 PDRS continues to recognize that an injured worker is permanently totally disabled when the injury causes total loss of earning capacity, and LeBoeuf and reporting of Agreed Vocational Evaluator are relevant to that question. See Gross panel decision.
Commutation of Award. WCAB may commute compensation payable under a workers' comp settlement "at any time thereafter" to a lump sum so long as any of the conditions listed in LC 5100 are met, and WCAB had jurisdiction more than five years after applicant's date of injury to either approve or disapprove transfer of structured settlement payment rights under compromise and release settling applicant's claim. See Routson panel decision.

Discovery Orders. WCAB granted lien claimant interpreter's petition for removal and amended WCJ's Order to (1) require defendant to produce all medical reports in its possession and control, and (2) strike portion of Order regarding lien claimant's presentation of proof of market rate for each interpreter. See Ramirez 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.

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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.
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> CA: CAAA Questions Whether Insurers' Costs Have Increased
> CA: DWC Unveils New EAMS Web Site Tools

> CA: WCIRB Submits Filing Recommending 29.6% Increase in Pure Premium Rates Effective 1/1/2011
> CA: CHSWC Releases The Whole Worker: Guidelines For Integrating Occupational Health And Safety Programs
> CA: CHSWC Post Draft QME Study For Public Comment
> CA: Gov Applauds Improved Heat Regulations

> College of Workers' Compensation Lawyers 2010 Writing Competition for Law Students
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Fraud SignWorkers' Comp  Fraud Blotter 8/19/2010 - recent arrests, charges, convictions, investigations. Read it.        

Cal Comp CasesCal. Comp. Cases August Advanced Postings 8/18/2010. CIGA - Contribution. Injury AOE/COE - Stipulations. PD Rating. Vexatious Litigants. Read it

CWCINew California Workers' Comp Posting Notices, Pamphlets & Claim Forms Take Effect Oct. 8, by California Workers' Compensation Institute. Read it.

CWCIUse of Compound Drugs, Co-Packs and Medical Foods in California Workers' Comp Up Sharply, by California Workers' Compensation Institute. 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
August 16, 2010
August 9, 2010
August 2, 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

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February 22, 2010

February 16, 2010

February 9, 2010

February 2, 2010

January 26, 2010 

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