Calif Edition Banner March 2010
Vol 1, Issue 44

Find Solutions & Strategies                            October 11, 2010

Emerging Trend: Sanctions & Costs
WCAB panel decisions clarify Labor Code § 5813
In This Issue
* FEATURED ARTICLE: Sanctions & Costs
* PANEL DECISIONS: Duty to develop record, C&R
* MSP BLOGS: by Jennifer C. Jordan
* BLOG ROUND UP: fraud, CCCs, lien hearing, State Bar WC Section awards
* NEWS HEADLINES: State budget approved
* ARCHIVES: view past eNewsletters

A Note From the Editor

Robin Kobayashi 2010
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.
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)

featured article

Nigel Baker 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.

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 WCAB granted defendant's petition for removal and rescinded WCJ's Order taking case off calendar pending further development of medical record, when WCAB held that WCJ did not have authority pursuant to McDuffie en banc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

how to achieve medicare secondary payer compliance

Take Control of Your Insurance Settlements With A Brand New Resource From LexisNexis!


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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 P1130 R12 coveran 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
 $145 (plus shipping & handling & applicable sales tax). Offer good through 10/19/2010. Contact
medicare secondary payer blogs by jennifer c. jordan
Jennifer Jordan Red Books RESIZEDMedicare 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.

NPD reporter banner

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) Word document (sent via email), 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: 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.
Fraud SignWorkers' Comp  Fraud Blotter 10/7/2010 - recent arrests, charges, convictions, investigations. Read it.         

Cal Comp CasesCalifornia Compensation Cases October Advanced Postings 10/6/2010. Read it.

Cal Comp Cases Cal. Comp. Cases September 2010 Issue. Obtain CCC cites for recent court cases, WCAB en bancs, and writ denied cases. subscribers can link to the actual cases. Read it.

Goldman Magdalin KrikesCalifornia: DWC Holds Hearing on Notice of Intent to Consolidate Liens for Compound Pharmaceuticals and Topical Medications, by Goldman, Magdalin & Krikes. Read it.

Julius Young thumbnail 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.
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
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
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June 1, 2010

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January 26, 2010 

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