LexisNexis Workers' Compensation eNewsletter

Vol 1, Issue 46

Find Solutions & Strategies October 25, 2010

A Funny Thing Happened on the Way to the DWC Forum . . .
A new DWC-1 form was created

In This Issue

* FEATURED ARTICLE: DWC Forum

* PANEL DECISIONS: Chiropractic, Sanctions

* MSP BOOK DISCOUNT OFFER

* BLOG ROUND UP: fraud, CCCs, settlements, TTD, Guzman

* PANEL DECISIONS REPORTER

* NEWS HEADLINES: State Fund CFO

* JOB POSTING: Defense attorney

* JUDGES IN THE NEWS: WCJ Neilson

* eNEWSLETTER ARCHIVES

A Note From the Editor

Dear WC Professionals:

The deadline to purchase our new Medicare Secondary Payer Compliance book at a discount ends October 31, 2010. See article below for ordering information.

The 2010 recipients of the Top 25 Blogs for Workers' Compensation will be announced next week. Stay tuned!

Sincerely,

Robin E. Kobayashi, J.D.

LexisNexis Editorial & Content Development

robin.e.kobayashi@lexisnexis.com

Happy Halloween

featured article

Funny Thing Happened on the Way to the DWC Forum...A New DWC 1 Form Was Created, by Judge Colleen Casey

Have you ever noticed the side menu on the DWC website and wondered, "What's the difference between 'Participate in DWC rulemaking' and 'Participate in a DWC forum'?" Good question!

The latter conjures up images of that classic Sondheim musical, A Funny Thing Happened on the Way to the Forum, with men in togas chasing scantily clad women around tall white pillars. But you'll find something altogether different if you click on that link. > 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 below).

Medical Treatment; Chiropractic. WCAB disallowed balance of lien claimant/chiropractor's lien for services provided to applicant, when lien claimant billed $67,803.61 for 72 chiropractic, occupational and physical therapy visits, some of which occurred after applicant underwent lumbar surgery, and WCAB found that (1) lien claimant failed to establish that he was licensed to provide occupational or physical therapy services so as to justify billing for such services, (2) LC 4604.5(d)(3), making 24-visit maximum for chiropractic treatment inapplicable to postsurgical services, did not apply retrospectively to services rendered before its effective date, and (3) neither AME's opinion nor applicant's stipulated award for future medical treatment applied because both were issued after services were rendered. See Santa Cruz panel decision.

Sanctions. WCAB upheld WCJ's order imposing sanctions on lien claimant/medical provider under LC 5813 for filing DOR when applicant's workers' comp claims were still pending, for failing to properly verify DOR under Rule 10770.6, causing unnecessary hearing to be scheduled, and for neglecting to accept responsibility for its actions, but reduced sanction award from $1,000 to $250. See Sainz panel decision.

calif. ranks fifth in national study

The Oregon DCBS recently released its biennial study on national workers' compensation premium rates. California had the fifth highest rates.

> Read the press release

> Read the summary report

HOW TO ACHIEVE MEDICARE SECONDARY PAYER COMPLIANCe

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

DISCOUNT FOR eNEWSLETTER SUBSCRIBERS ENDS OCTOBER 31, 2010!

"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 P1130 R12 cover

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

SPECIAL OFFER FOR NEWSLETTER SUBSCRIBERS: $145 (plus shipping & handling & applicable sales tax). Offer good through 10/31/2010.
Contact Robin.E.Kobayashi@lexisnexis.com.

BLOG ROUND UP

Workers' Comp Fraud Blotter 10/21/2010 - recent arrests, charges, convictions, investigations. Read it.

California Compensation Cases October Advanced Postings 10/20/2010. Read it.

Global Settlements, by Goldman, Magdalin & Krikes. Read it.

California Temporary Total Disability Rates Remain Stable for 2011, by Goldman, Magdalin & Krikes. Read it.

Howard Stevens

Defending Against Guzman, by Howard Stevens. Read it.

NPD reporter banner

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.

NOVEMBER ISSUE NOW IN PRODUCTION

VIEW THE EDITORIAL BOARD ROSTER

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.

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.

$159 PRICE INCLUDES BOTH PRINT AND ELECTRONIC DOCUMENT

Order now: Contact Robin.E.Kobayashi@lexisnexis.com

NEWS HEADLINES

> CA: City Controller Finds Dismal Results In Audit Of City Attorney's WC Programs
> CA: Workers' Comp Carriers' Profitability An Issue At Commissioner's Rate Hearing
> CA: Compline Reports - Workers' Comp Rate Hearing 10-12-2010
> CA: WCIRB Reports On Q2 2010 Insurer Results
> CA: State Fund Says Goodbye To CFO
> CA: Jay Stewart Resigns as CFO for State Compensation Insurance Fund
> CA: Ballot Item to Legalize Marijuana Carries Implications for Workers' Comp

> When It Comes To Using PPE In The Workplace, The "Eyes" Have It
> Chat With The Bureau Of Labor About Workplace Injuries And Illnesses
> The Hartford Enhanced Workers' Comp Claim Practice for Needlestick Injuries
> Former Football Players and Chronic Traumatic Encephalopathy
> Labor Secretary Solis Reports Nonfatal Workplace Injuries and Illnesses Among Private Industry Employers Declined in 2009

JOB POSTING

Workers' Compensation Defense Attorney - Goldman, Magdalin & Krikes, LLP - Brea, California

Goldman, Magdalin & Krikes, LLP is a well-established, highly reputable firm specializing in the defense of Workers' Compensation and related matters. With 7 offices serving all venues in California, our attorneys provide high-quality representation for our premier client base of insurance carriers, third-party administrators and self-insured employers.

We have an immediate opening for an associate with 3 years minimum defense experience for our Brea office. The ideal candidate must have strong litigation, verbal and writing skills. Travel to appearances in Anaheim, Pomona, Long Beach, Santa Ana and Riverside is required.

We offer a competitive salary and comprehensive benefits package including medical, dental, life, STD & LTD insurance, and matching 401k.

Please submit your resume with salary history in Word format to dcaldarelli@gmklaw.com

Judges in the news

> Judge Richard Neilson of the Fresno District Office will be retiring on November 1, 2010