Calif Edition Banner March 2010
Vol 1, Issue 43

Find Solutions & Strategies                              October 4, 2010

Three Tips for Trial - Submission of Evidence
How to successfully navigate through EAMS
In This Issue
* PANEL DECISIONS: Credit, New & Further Disability
* BLOG ROUND UP: fraud, CCCs, Workers' Comp 20/20
* NEWS HEADLINES: Budget impasse impacts benefits for injured workers
* ARCHIVES: view past eNewsletters

A Note From the Editor

Robin Kobayashi
Dear WC Professionals:
I'm pleased to announce that we're taking pre-orders now for our new Medicare Secondary Payer compliance handbook. As a newsletter subscriber, you can take advantage of the special discount offer through 10/19/2010! Books are scheduled to ship to customers in late October. Be first in line to get your copy.
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development

Top 25 Blogs

Top 25 Blog Cut Out
Top 25 Blogs for Workers' Compensation and Workplace Issues: A Call for Suggestions. 
The time has arrived for the LexisNexis Workers' Compensation Law Community Staff to make its selections for 2010. Please send us your recommendations by Oct. 15, 2010. We want to hear from you!
> Read more

Quick Links

50 States WC Agencies

EAMS Blogs Index (updated 9/27/2010)

trial tips

Colleen Casey

Three Tips for Trial - Submission of Evidence, by Judge Colleen Casey. Robert Gallagher once said: "Change is inevitable - except from a vending machine." Last time I looked, EAMS was nothing like a vending machine... although, wouldn't that be cool? Get your ice cold Coke and two OCR forms to go... Anyway, back to the concept of change. EAMS has mandated quite a few of them in the past couple of years. Some people are still a bit unfamiliar with the more esoteric changes, so I've set forth below a few tips for navigating successfully through this new system. > Read more.

how to achieve medicare secondary payer compliance

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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).    

Credit; Overpayment of Permanent Disability. Defendant was not entitled to a credit under LC 4909 for permanent disability advances paid to applicant, when applicant's permanent disability was apportioned between three dates of injury (2000, 2003, 2007) pursuant to SB 899 and Benson v. W.C.A.B., resulting in a smaller monetary award to applicant than if permanent disabilities from all three injuries were combined; allowing a credit for permanent disability advances for 2003 injury against permanent disability due for 2007 injury would unfairly result in applicant not receiving any "new money" for 2007 injury. Read Dunehew panel decision.


Petitions to Reopen; New and Further Disability. WCJ erred in finding that applicant, who received award based upon her stipulation that she suffered a neck and back injury, suffered a compensable consequence psychiatric injury but that psychiatric disability was no greater at time applicant sought to reopen stipulated award for new and further disability than it was at time stipulated award was issued, when WCJ improperly "went behind" prior stipulated award to conclude that applicant was barred from asserting injury to new body parts and an increase in her disability merely because evidence existed prior to time of stipulation which could have supported a finding that applicant only had neck and back injury. Read Santillan 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 OCTOBER 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 9/30/2010 - recent arrests, charges, convictions, investigations. Read it.         

Cal Comp CasesCalifornia Compensation Cases October Advanced Postings 9/29/2010. Read it thumbnailWorkers Comp 20/20: Will Congress Overhaul Workers Compensation? by Peter Rousmaniere. Read it.
> CA: DWC Posts Revised Draft UR Regulations For Comment
> CA: AIA Comments on Governor's Veto of Licensing Medical Review Physicians
CA: Gov. Vetoes Bill Preventing Denial Of Claim Based On Discriminatory Characteristics
> CA: WCIRB Amends Jan 1, 2011 Pure Premium Rate Filing
> CA: DWC's Non-Substantive Amendments To Medical Provider Network Regulations Is Approved
> CA: DWC Says 2,700 Workers May Not Receive Benefits Due to Budget Impasse
> A.M. Best: Workers' Comp Industry Continues Downward Underwriting Performance Trend
MMSEA: Reporting of Risk Management Activities to CMS
> Gina M. Garcia Becomes Manager of CompPartners' PPO Networks
> Arthur J. Gallagher  Takes Over GAB Robins TPA Business
> Firefighters May Face Higher Risk for Heart Disease Due to Ultrafine Air Particles
> Law Review Article: Social Networking and Workers' Comp - Ethics, Privacy, Discovery, Evidence
> AIA Asks CMS to Delay Rule for Data on Product Liability Claims Relating to Medical Devices
> MSP Case Law: Federal Judge Dismisses Six Defendants in U.S. v. Stricker Case
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 27, 2010
September 20, 2010
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

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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