Calif Edition Banner March 2010
Vol 1, Issue 40

Find Solutions & Strategies                        September 13, 2010

EAMS Moves Forward
DWC announces plans to make e-filing with EAMS mandatory for all attorneys as early as next year
In This Issue
* FEATURED ARTICLE: Mandatory e-filing
* PANEL DECISIONS: Jurisdiction, Discrimination
* BLOG ROUND UP: fraud, CCCs, notices, medical license revocation
* NEWS HEADLINES: NASI study re medical benefits
* ARCHIVES: view past eNewsletters

A Note From the Editor

Robin Kobayashi
Dear WC Professionals:
9/11 In Memoriam. This past Saturday I reread Senator Feinstein's speech "Reflecting on 9/11 - America Will Never Be The Same". I encourage you to view the Gallery at the Tribute WTC Visitor Center. 

American Ribbon

Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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Last month DWC celebrated two successful years with EAMS as the court's system of record.  DWC is now poised to take the next step in trial procedures and practices by wrapping professional users of EAMS into the electronic filing capabilities of EAMS.  DWC intends to start as early as next year to have all attorneys appearing on cases use the electronic filing of EAMS.  This will move the system users away from the Optical Character Recognition (OCR) paper forms that are currently being submitted by a large number of system users. Read more.
Source: Calif. Division of Workers' Compensation


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).

WCAB Jurisdiction; Federal Preemption. WCAB had jurisdiction pursuant to LC 3600.5(a) and 5305 over applicant/professional football player's claim for industrial injuries while playing for teams in Florida and Chicago, when applicant's contract for hire, which was subject to collective bargaining agreement (CBA), was made in California, and WCAB's jurisdiction to determine applicant's claim was not preempted by Federal Arbitration Act (FAA), Labor Management Relations Act (LMRA), or National Labor Relations Act (NLRA), because FAA does not apply to CBAs, applicant's player contract did not reflect intent by parties to arbitrate his Calif. workers' comp claim, applicant's Calif. workers' comp claim was independent of CBA, and CBA did not contain a clear and unmistakable intention that union members' rights to Calif. workers' comp would have to be arbitrated. See Brache panel decision.


Discrimination; LC 132a. WCAB held that illegally uninsured employer discriminated against applicant in violation of LC 132a(1) by bringing a civil retaliatory action against applicant for filing three workers' comp claims alleging injuries to multiple body parts, and that WCJ's ultimate finding that applicant's injuries were not compensable did not preclude LC 132a claim; WCAB upheld award of costs and attorney's fees pursuant to LC 4555 in connection with applicant's successful prosecution of LC 132a claim. See Mezhiburskaya 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 SEPTEMBER ISSUE NOW IN PRODUCTION: Guest contributors write about developing the record and range of evidence in AMA Guides cases.
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.
View sample web version: Click here
What it costs: Regular price - $199/yr. Special Limited Time Offer for eNewsletter subscribers - $159 for the first year's subscription. Offer expires 12/31/2010.
* Each email/web issue accessible for up to a year 
Fraud SignWorkers' Comp  Fraud Blotter 9/9/2010 - recent arrests, charges, convictions, investigations. Read it.        

Cal Comp CasesCal. Comp. Cases September Advanced Postings 9/9/2010.  Read it.

CWCICWCI Begins Shipping Revised California Workers' Comp Posting Notices, Pamphlets & Claim Forms, by California Workers' Compensation Institute. Read it.

Goldman Magdalin KrikesMunir Uwaydah, M.D. Stipulates to Medical License Revocation, Stayed and Probation, by Goldman, Magdalin & Krikes. Read it.

> Burton's New Report Examines Profitability of Workers' Comp Insurance Industry
> US OSHA Proposes $1.2M Fine of Houston Company for Underreporting of Injuries
> Chartis Continues to Pull Back Its Exposure to US Workers' Comp Business
> Workers' Compensation Payments For Medical Care Exceed Cash Benefits For The First Time
P2548 CA WC HotDocs
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Top 25 Blogs 2009
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enewsletter archives
Take a deep dive into our past eNewsletters for 2010...warning - some links to articles may not any linking problems to
September 7, 2010
August 30, 2010
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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