Calif Edition Banner March 2010
Vol 1, Issue 38

Find Solutions & Strategies                             August 30, 2010

Ogilvie crossword1st DCA to Hear Ogilvie Appeals
WCAB en banc decision must still be followed pending DCA's decision
In This Issue
* OGILVIE: 1st DCA to hear appeals
* EAMS: OCR & other tips
* GEORGE THE BARTENDER: the truth about comp
* PANEL DECISIONS: Stipulations, C&R and Bankruptcy
* NEWS HEADLINES: Rate change, Comp "blow up"
* BLOG ROUND UP: fraud, CCCs, liens, psychiatric benefits, depositions
* JUDGES IN THE NEWS: Mandeville, Welch, Lambert
* ARCHIVES: view past eNewsletters

A Note From the Editor

Robin Kobayashi
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Shaw JacobsmeyerCalifornia 1st District to Hear Ogilvie Appeals, by Richard Jacobsmeyer. Read it.

Goldman Magdalin KrikesOgilvie Writ Granted by First Appellate District, by Goldman, Magdalin & Krikes. Read it.


Colleen CaseyCalifornia DWC Goes to the Movies, by Colleen Casey. Always eager to both educate and entertain, the DWC has issued its latest video sensation, "OCR Forms Unleashed." This sequel to the ever popular "OCR Forms Gone Wild" has been called derivative of Fellini by some critics, but it's a definite "must see" if you want to file successfully in EAMS.... Read more.

there's something about GEORGE

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George the Bartender Series
The truth about California workers' compensation, as told by W. Joseph Truce, managing partner of Kegel, Tobin & Truce.
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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).

Exclusion of Penalty Claims From Stipulations. Applicant did not meet burden of proving that he "expressly excluded" his accrued penalty claims for delay in providing medical treatment from terms of stipulations under which defendant agreed to authorize medical treatment with certain providers within 10 days, when language in stipulations stating that "[a]ll other issues are specifi[ic]ally reserved and remain as before" was insufficient to satisfy LC 5814(c) requirement for exclusion of penalty claims and, therefore, applicant's accrued penalty claims were conclusively presumed to have been resolved by stipulations. See Sharma panel decision.


Compromise and Release Agreements; Validity Upon Self-Insured Employer's Bankruptcy. Compromise and Release agreement executed by self-insured employer after employer filed for bankruptcy was not invalidated by automatic stay that occurs upon filing for bankruptcy and prevents employer from paying settlement, as order approving compromise and release would remain a valid obligation of defendant, albeit payable by Self-Insurers Security Fund under LC 3743(a). See Flanagan panel decision.


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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: WCIRB Submits Filing Recommending 29.6% Rate Increase
> CA: WCIRB Date Change for Public Hearing on Rates
> CA: WCIRB Releases 1Q 2010 Insurer Results.
> CA: Lilia Ballesteros, Injured Worker Attorney, Responds to 30 Percent Rate Hike Proposal > CA: Columnist Says Workers' Comp About to "Blow Up"
> CA: OC Register Editorial Says Workers' Comp Costs Spell Trouble for State's Economy and Business Climate
> CA: Senate to Vote on Tax Fraud Bill to Stop Misclassification of Workers
> CA: Lawmakers Considering Bill to Aid Medi-Cal Recovery in Workers' Comp Cases
> CA: DWC Marks 2nd Anniversary Of EAMS Pioneering Project
> CA: Columnist Questions Proposed "Cop Cancer" Bill for Retired Police Officers
> CA: Insurance Fraud Bill Sent to Governor
> CA: Gov. Urges Californians To Prepare For Hot Weather
> CA: DWC's Proposed Changes to Benefit Notice Rules Now Open for Public Comment
> Private Insurers Being More Selective as Workers' Comp Premiums Plunge
> NICB to Scrutinize Slip and Fall Workers' Comp Fraud Cases
> Eastern Insurance Company Announces CEO Succession Plan
> Healthcare Solutions Announces PPO Contract With Broadspire
> Seven Ways Supervisors Can Throw A Business Under The Bus And Not Even Know It
P2548 CA WC HotDocs
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Top 25 Blogs 2009
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Fraud SignWorkers' Comp  Fraud Blotter 8/26/2010 - recent arrests, charges, convictions, investigations. Read it.        

Cal Comp CasesCal. Comp. Cases August Advanced Postings 8/25/2010.  Read it.

Goldman Magdalin KrikesLos Angeles WCAB Issues Notice of Intention to Consolidate and Stay All Lien Proceedings Regarding Compound Pharmaceuticals, by Goldman, Magdalin & Krikes. Read it.

 Goldman Magdalin Krikes
California WCAB Panel Denies Psychiatric Benefits as Compensable Consequence to Head Injury, by Goldman, Magdalin & Krikes. Read it.

Nigel Baker California: Employer Representative at Applicant's Deposition, by Nigel Scott Baker. Read it.

 ILC Top Blog 2009
Top 50 Insurance Blogs for 2009, by LexisNexis Insurance Law Community. Read about the winners.
judges in the news
> WCJ Joseph Mandeville of the Pomona District Office retired 6/30/2010. 
> WCJ Robert E. Welch of the Pomona District Office retired from being an annuitant 6/30/2010.
> WCJ Elan Lambert starts 9/7/2010 in the Marina Del Rey Office.
enewsletter archives
Take a deep dive into our past eNewsletters for 2010...warning - some links to articles may not any linking problems to
August 23, 2010
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

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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