Calif Edition Banner March 2010
Vol 1, Issue 50

Find Solutions & Strategies                        November 22, 2010

Percentage Businessmen ClearPoizner Rejects Rate Hike  
Not gonna do it, Wouldn't be prudent...
In This Issue
* PANEL DECISIONS: Attorney's fees, AMA Guides
* BLOG ROUND UP: fraud, CCCs, good faith personnel action defense
* JOB POSTING: Defense attorney

A Note From the Editor

Robin Kobayashi 2010
Dear WC Professionals:

I wish everyone a happy and safe Thanksgiving holiday weekend! See you next Monday.

Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development

Gobble Gobble Gobble

Turkey Thanksgiving


WorkCompCentral Education thumbnail

Putting the New DWC Regs

to Your Advantage in the

Courtroom and Beyond


January 8, 2011


Colleen Casey


Instructor: Judge Colleen Casey


California has enacted more than 500 new regulations in the past 18 months. Attendees will leave with valuable practice tips from a veteran workers' compensation judge and former WCAB commissioner, who is also a frequent contributor

to the LexisNexis Workers' Comp Law Community website.


Click here for details


workers' comp rates

Insurance Commissioner Rejects Request for Increase in Workers' Comp  Cost Benchmark. Commissioner Steve Poizner announced last Friday his Order to reject a filing submitted by the WCIRB seeking a rate increase of almost 28%. According to the Commissioner, "workers' compensation insurers have failed to demonstrate that they have adopted procedures to control costs or that they are operating efficiently." In his decision, the Commissioner noted that California is now the fifth most costly state for workers' compensation insurance. The Commissioner said he would not approve "a rate that passes avoidable costs through to California employers." He further noted, among other things, that the "California Supreme Court declined review of the Workers' Compensation Appeals Board's decision to expand the use of the AMA Guides for Impairment for permanent disability benefits" and that "the likelihood of unpredictable costs and further litigation increases." The Commissioner reminds everyone that the Benchmark is "purely advisory and the California Department of Insurance (CDI) does not set workers' compensation rates." > Read more 

attorney's fees

COLAAttorney's Fees in a Post-COLA WorldLabor Code Section 4659(c) mandates that for injuries occurring after January 1, 2000, awards resulting in either a life pension or total permanent disability indemnity shall be increased by an amount equal to the percentage increase in the "state average weekly wage" as compared to the prior year. This is commonly referred to as the "cost of living adjustment" or COLA. Currently, the precise date that the annual increases are to be calculated from is pending before the California Supreme Court in Duncan v. Workers' Comp. Appeals Bd. and X.S. 2010 Cal. LEXIS 2255.Regardless of the commencement date chosen by Duncan, however, a reality has set in that the annual increases mandated by Section 4659(c) result in a substantial increase in the present value of the benefits being awarded. > 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).

Attorney's Fees; Ex Parte Communications. WCAB held that WCJ erred in awarding fees to attorney for services rendered in connection with alleged prohibited ex parte communications with QMEs, when WCAB found no basis for an award of attorney's fees in absence of a determination that a prohibited ex parte communication in violation of LC 4062.3(f) actually occurred as such determination is a necessary predicate to award under LC 4062.3(g), and when WCJ did not establish a connection between amount of fee awarded and how services rendered were related to applicant's discovery efforts due to ex parte communication so as to justify fee award. See Aguayo panel decision.


Permanent Disability Rating; AMA Guides. WCAB held  that AME's opinion constituted substantial evidence under Almaraz en banc opinion to support WCJ's finding that applicant suffered 8 percent permanent disability as a result of cumulative right upper extremity/carpal tunnel injury, when AME did not go outside four corners of AMA Guides in assigning 5 percent whole person impairment for carpal tunnel syndrome as allowed for individuals who undergo surgery, because, although applicant did not undergo surgery, applicant's condition was symptomatic enough so as to justify surgery, and AME did not believe that 0 percent accurately reflected applicant's impairment. See McKenna panel decision.

Fraud SignWorkers' Comp  Fraud Blotter 11/18/2010 - recent arrests, charges, convictions, investigations. Read it.          


Cal Comp CasesCalifornia Compensation Cases November Advanced Postings 11/16/2010. Read it.

Cal Comp CasesCalifornia Workers' Compensation Cases Roundup 11/15/2010. Read it.

Howard StevensCalifornia: Good Faith Personnel Action Defense, by Howard Stevens. Read it.
Take Control of Your Insurance Settlements With A Brand New Resource From LexisNexis!


Thumbs Up  "Finally, someone delivers a clear, concise reading in this area, with some definitive answers for both lawyers and claims specialists and accurate reporting dealing with MSP compliance and MSA allocations with all of the necessary resources found in one place."


- Brad Bleakney, Esq., Bleakney & Troiani. Read his complete review at Illinois Workers Compensation blog.


Thumbs Up "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 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

> CA: Jon Lord Joins York Risk Services Group As CA VP Of Sales
CA: Suzanne Honor-Vangerov to Join Floyd Skeren & Kelly
CA: CDI Proposes Regulations for Coverage-Verification Website
CA: DWC Accepting Registrations for 2011 Educational Conferences
CA: CAAA Announces 2011 Winter Convention Dates in San Diego
CA: DIR Defaults California Self Insured Group
> CA: Robin E. Kobayashi Receives 2010 LexisNexis Service and Achievement Award
CA: DWC Accepting Nominations for Community Service Awards
> MSP Mandatory Reporting: CMS Issues Revised Implementation Timeline for TPOC Liability Insurance Settlements
> Computer Vision Syndrome
> AIA Commends CMS for Delaying MSP Reporting Requirements for Certain P&C Liability Claims
> Obese Workers Costs A Whopping $73.1B In Healthcare, Absenteeism And Presenteeism
> Developments In State WC Systems
> Experts Advise on Using Surveillance Video to Impeach Testimony, Social Media to Dig Into Background
EEOC Issues Final Rules on GINA
> Eleventh Circuit Says HHS's MSP Manual Not Authoritative on Allocations of Liability Payments to Non-Medical Losses
> House Education and Labor Committee Hears Testimony on State Workers' Comp Systems, AMA Guides
> Soft Market Persists for Commercial Insurance
Rising Interest Rates Could Impact Workers' Comp Insurance Line
WCRI Releases Book on Papers From Annual Issues & Research Conference

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.


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.



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

P2548 CA WC HotDocs
Order the Forms
P1432 book cover
Order Today
Top Blog 2010 Badge
View the Honorees
80283 cover
Order Today
enewsletter archives
Take a deep dive into our past eNewsletters for 2010...warning - some links to articles may not any linking problems to

November 15, 2010

November 8, 2010

November 1, 2010

October 25, 2010
October 18, 2010
October 11, 2010

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

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 

LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.

Privacy & Security Copyright © 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.