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Find Solutions & Strategies October 11, 2010 |
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Emerging Trend: Sanctions & Costs
WCAB panel decisions clarify Labor Code � 5813
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A Note From the Editor | |
Dear WC Professionals:
As a newsletter subscriber, you have only eight days left to pre-order our new Medicare Secondary Payer compliance handbook at a discount. Books are scheduled to ship to customers in late October. Be first in line to get your copy.
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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Top 25 Blogs
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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 |
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featured article |
Emerging Trend at California WCAB: Sanctions & Costs, by Nigel Scott Baker, Esq. Recently,
the WCAB imposed sanctions (sometimes on its own motion) and awarded
costs for actions and tactics noted in Labor Code �5813 and described in
more detail under Rule 10561. Although Labor Code �5813 has been on the books for over 15 years, it has been used sparingly until a few years ago. There
have been a series of cases in which the WCAB clarified what conduct is
subject to sanctions and costs as well as the procedure to obtain
sanctions and costs. > Read more.
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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).
Medical Evidence; WCAB's Duty to Develop Record. WCAB granted defendant's
petition for removal and rescinded WCJ's Order taking case off calendar pending
further development of medical record, when WCAB held that WCJ did not have
authority pursuant to McDuffie en
banc decision to determine that medical reports in evidence were inadequate and
order further development of medical record before admission of evidence and
taking of witness testimony. Read the Pini panel decision. Compromise and Release Agreements. WCAB allowed recovery of full lien for
medical treatment received by applicant outside defendant's medical provider
network, when Order Approving Compromise and Release in applicant's underlying
workers' comp case issued after lien claimant filed lien contained a hold
harmless provision under which defendant agreed to pay all liens and, although
WCJ's inclusion of hold harmless provision in OACR was improper because it went
beyond scope of C&R Agreement, WCAB found that defendant was bound by hold
harmless agreement and obligated to pay lien, solely due to its failure to seek
timely reconsideration of OACR. Read the Barajas panel decision. |
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how to achieve medicare secondary payer compliance |
Take Control of Your Insurance Settlements With A Brand New Resource From LexisNexis!
"An excellent new book ... a one-of-a-kind resource ... [Jennifer C. Jordan's] straight-talk is much appreciated when it comes to this illusive area of the law"
- Rebecca Shafer, JD, President, Amaxx Risk Solutions, Inc.
There are many people who don't understand that the Centers for Medicare and Medicaid Services' approval process of a Medicare set-aside arrangement is voluntary and carries an inherent cost. In fact, many of the decisions that need to be made in a settlement negotiation are risk management decisions rather than being truly Medicare Secondary Payer-oriented. Once you understand why CMS wants what it wants, you will realize that its preference may not be the only way to achieve MSP compliance. The Complete Guide to Medicare Secondary Payer Compliance, Jennifer C. Jordan, Editor-in-Chief, will help you take control of your insurance settlements. > Read more about the contents (1,350 pages). List Price: $179
PRE ORDER SPECIAL OFFER FOR NEWSLETTER SUBSCRIBERS: $145 (plus shipping & handling & applicable sales tax). Offer good through 10/19/2010. Contact [email protected]. |
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medicare secondary payer blogs by jennifer c. jordan
| Medicare Secondary Payer Comes of Age: An Industry Insider's View. 2011 stands to be a
pivotal year for Medicare Secondary Payer because after significant delays in
the implementation of the Medicare, Medicaid & SCHIP Extension Act of 2007
("MMSEA"), the Centers for Medicare and Medicaid Services ("CMS") will finally
be given the data necessary to recover years' worth of mistaken payments and
shift a good portion of its Medicare benefit obligations to the private sector. > Read more.
11th Circuit Court of Appeals Gives CMS Something to Think About. Read it. U.S. v. Stricker: Government Loses Big Time After Federal Judge Grants
Defendants' Motion to Dismiss Based on Statute of Limitations. Read it. |
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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.
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) Word document (sent via email), which allows Lexis subscribers to link directly to the WCAB decisions on lexis.com; and (2) Print version, which can be stored in a binder.
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.
$159 PRICE INCLUDES BOTH PRINT AND ELECTRONIC DOCUMENT
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BLOG ROUND UP |
Workers' Comp Fraud Blotter 10/7/2010 - recent arrests, charges, convictions, investigations. Read it.
California Compensation Cases October Advanced Postings 10/6/2010. Read it. Cal. Comp. Cases September 2010 Issue.
Obtain CCC cites for recent court cases, WCAB en bancs, and writ denied
cases. Lexis.com subscribers can link to the actual cases. Read it.
California: DWC Holds Hearing on Notice of Intent to Consolidate Liens for Compound Pharmaceuticals and Topical Medications, by Goldman, Magdalin & Krikes. Read it. Accolades at Monterey, by Julius Young. Applicant's Attorney of the Year; Defense Attorney of the Year; Judge of the Year; Lifetime Achievement Award. Read it.
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enewsletter archives |
Take a deep dive into our past eNewsletters for 2010...warning - some links to articles may not work...report any linking problems to [email protected].
October 4, 2010
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
http://archive.constantcontact.com/fs077/1102828640660/archive/1103428836972.html
May 24, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103424392153.html
May 17, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103406552817.html
May 10, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103375976783.html
May 3, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103353063934.html
April 26, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103330236374.html
April 19, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103299190031.html
April 12, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103274786037.html
April 5, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103253375187.html
March 29, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103221393952.html
March 22, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103194496278.html
March 15, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103158082746.html
March 8, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103143755983.html
March 1, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103099894039.html
February 22, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103073800750.html
February 16, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1103029296112.html
February 9, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1102999766740.html
February 2, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1102970190663.html
January 26, 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1102967250030.html |
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