LexisNexis Workers' Compensation eNewsletter

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

* FEATURED ARTICLES: Guzman II Affirmed

* 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

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?

Sincerely,

Robin E. Kobayashi, J.D.

LexisNexis Editorial & Content Development

robin.e.kobayashi@lexisnexis.com

Impairment Guides Resource Center

Updated 8/20/2010.

Quick Links

WCJ Roster (updated 7/9/2010)

50 States WC Agencies

50 States Insurance Depts

EAMS Blogs Index (updated 7/30/2010)

Impairment Guides Resource Center (formerly AMA Guides Resource Center)

The Challenges of EAMS

"We are just going to have to live in the (EAMS) system where you have to know the official way and you have to know the unofficial way. And I guess what you can say is that EAMS creates a need for lawyers even more than before."

- Anonymous, on how attorneys and others have to learn what EAMS officially wants them to do and how each separate board decides what to do in terms of work around and special rules.

Recent Blog Discovery

Navigable Waters: A Longshore, Maritime, and Defense Base Act Blog. http://navwaters.com/

Please email me with your blog discoveries & favorites:

Robin.E.Kobayashi@lexis.nexiscom

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.

Almaraz/Guzman 2 Upheld, by Nigel Baker. "I fear that the opinion will allow the exception to swallow up the rule." Read it.

Guzman, by Julius Young. "At the end of the day under Guzman, the 'how and why' expressed by the physician will be critical." Read it.

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 Lexis.com subscribers only, this monthly reporter saves you research time so that you can quickly find recent panel decisions on key topics.

SEPTEMBER ISSUE NOW IN PRODUCTION: Guest contributors write about developing the record and range of evidence in AMA Guides cases.