Calif Edition Banner March 2010
Vol 1, Issue 41

Find Solutions & Strategies                        September 20, 2010

Formal Rating Instructions
The Good, The Bad and The Ugly
In This Issue
* PANEL DECISIONS: Earnings/Police Officers; Prisoners
* BLOG ROUND UP: fraud, CCCs
* ARCHIVES: view past eNewsletters

A Note From the Editor

Robin Kobayashi
Dear WC Professionals:
If you have law firm or company news that you would like to share with the workers' comp community, please let me know. 
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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formal rating instructions

Robert RasspThe Blackledge Case - The Division of Labor Between the Doctor, the Judge, the DEU Rater and You, by Robert G. Rassp. On June 3, 2010, the WCAB issued its en banc decision in Cynthia Blackledge vs. Bank of America, 75 Cal. Comp. Cases 613.  The WCAB decision is the first published appellate decision since the reforms of SB 899 which modernize and describe the division of labor between the doctor, the judge, the DEU raters and the parties in disputed permanent disability cases in which formal rating instructions must be issued by a WCJ. > Read the article

"are you odd enough for me?"

Moon HD ResizedNew on Larson Unplugged! This song by Lex K. Larson brings into play the "Odd Lot Doctrine," which, as many of you already know, is a widely accepted principle of workers' compensation law. According to this doctrine, if you are so odd that no one will give you a job, then you are considered totally disabled and therefore entitled to full benefits. In this tender and touching love ballad, the young man is attempting to prove to his sweetheart that he is worthy of her love in this regard. > Hear it now.

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).
Earnings; Police Officers. LC 3362 and 4458.2, regarding maximum wages, only apply to calculation of temporary disability for active volunteer police officers, and not regularly sworn, salaried police officers. See Larkin panel decision.

Employment Relationships; County Prisoners. Applicant, a county inmate, was not a county employee at time of his injury, when no employment relationship was created between applicant and county because there was no intent to enter into an employment contract, and applicant was not working voluntarily but rather felt compelled to work to avoid transfer to gang module unit; applicant did not fall under provisions of Penal Code § 4017 as he was awaiting trial and had not yet been sentenced to prison or confined to jail, and was not injured while engaging in fire prevention or suppression activities as required for county prisoners to be entitled to workers' compensation coverage. See Jones 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 9/17/2010 - recent arrests, charges, convictions, investigations. Read it.        

Cal Comp CasesCalifornia Workers' Compensation Cases Roundup 9/14/2010. The August 2010 issue is now accessible to subscribers. Read it.

> CareerBuilder Survey: Workplace Is Making Us Fat
> OSHA Seeks Members To Serve On Committee Protecting Construction Workers' Safety
> Shift Start Times Can Impact Sleep, Alertness: Study
> Eastern Alliance's Profitable Growth Analyzed by AM Best
> BlogTalkRadio Series Examines Social Security Disability Benefits
> 9/11 Responders Urge Congress to Pass Zadroga Act, a 9/11 Health Bill
P2548 CA WC HotDocs
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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 13, 2010
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

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February 2, 2010

January 26, 2010 

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