LexisNexis Workers' Compensation eNewsletter

Vol 1, Issue 52

Find Solutions & Strategies December 6, 2010

The Art of Walk-Throughs

10 easy steps for a successful walk-through

In This Issue

* WALK-THROUGHS

* PANEL DECISIONS: AMA Guides, Apportionment

* NAT'L WORKERS COMP VIDEOS

* BLOG ROUND UP: fraud, CCC's, assessment rates, mileage rates

* MSP BOOK DISCOUNT OFFER

* NEWS HEADLINES: High Court denies review of Mendoza

* JUDGES IN THE NEWS: WCJ Yamanaka

* PANEL DECISIONS REPORTER

* JOB POSTING: Defense attorney

* eNEWSLETTER ARCHIVES

A Note From the Editor

Dear WC Professionals:

What were the 10 biggest developments in California workers' comp this past year? We'll tell you what we think in next week's issue.

Sincerely,

Robin E. Kobayashi, J.D.

LexisNexis Editorial & Content Development

robin.e.kobayashi@lexisnexis.com

Season's Greetings

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

WALK-THROUGHS

Walk Through the Walk-Through Reg. 10280 in Ten Easy Steps, by Judge Colleen Casey. When I tell my non-workers' comp friends that I handled 14 "walk-throughs" today, they get all sort of interesting images in their heads. Some imagine a beauty pageant type of promenade of attorneys through the courtroom. Others think it is some sort of new video feature of EAMS, where settlement documents grow virtual legs, if and only if, they comply with Reg. 10280... For others, well, I'm not at liberty to elaborate, given this is a "G" rated blog. > 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).

Permanent Disability; AMA Guides. WCAB rescinded WCJ's finding that applicant incurred 92 percent permanent disability as a result of 8/3/2005 admitted injuries to his neck, back, and bilateral upper extremities and disputed injuries to his cervical spine, and in forms of gait impairment and sexual dysfunction, and, applying LC 4662, held that based upon opinion of AME regarding applicant's physical incapacity due to neurologic effects of his spinal cord injury, as well as his need to use medications, including narcotics, combined with unrebutted opinion of vocational counselor that applicant lost ability to work in open labor market, applicant was entitled to an award of 100 percent permanent disability "in accordance with the fact." See Boatright panel decision.

Permanent Disability; Apportionment. WCAB rescinded WCJ's finding that there was no basis for apportionment of 78 percent permanent disability (calculated under 2005 Schedule) incurred by applicant as a result of injuries to his cardiovascular and gastrointestinal systems during period 6/13/99 through 6/7/2007 and, while agreeing that defendant did not carry burden of proving overlap between two prior permanent disability awards (totaling 80 percent, as calculated under 1997 Schedule) for cardiovascular injury and current permanent disability so as to support a finding of apportionment under LC 4664(b), held that apportionment was appropriate under LC 4664(c)(1), which prohibits award of "accumulation of all permanent disability awards" totaling more than 100 percent for a specific region of body, including cardiovascular system; WCAB found that LC 4664(c)(1) apportionment must be applied by subtracting prior 80 percent from total possible 100 percent for a current permanent disability of 20 percent. See Gordon panel decision.

nat'l workers' comp conference

Online videos, transcripts and blogs covering the 19th Annual National Workers' Compensation Conference & Expo.

Access here.

Robert Rassp and Stuart Colburn gear up for the roundtable session

Robert Rassp interviews Jennifer Jordan on Medicare Secondary Payer

Dr. Richard Pimental on return to work & the recession

Julie Gackenbach on employee misclassification & the federal shake up

and much more

BLOG ROUND UP

Workers' Comp Fraud Blotter 12/3/2010 - recent arrests, charges, convictions, investigations. Read it.

CWCI

California Regulators Announce 2011 Workers Comp Assessment Rates, by California Workers' Compensation Institute. Read it.

Cal. Comp. Cases December Advanced Postings 11/29/2010. Read it.

California Workers' Comp Cases Roundup 12/30/2010. (November 2010 issue now on lexis.com) Read it.

CWCI

New California Workers' Comp Medical Mileage Rate for Travel On or After 1/1/11, by California Workers' Compensation Institute. Read it.

HOW TO ACHIEVE MEDICARE SECONDARY PAYER COMPLIANCe

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

"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.

"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

Contact Robin.E.Kobayashi@lexisnexis.com.

NEWS HEADLINES

> CA: DWC Posts Fund Assessment Rates For Fiscal Year 2010-11
> CA: State Fund Names New Chief Operating Officer
> CA: DWC Posts Disability Accommodation Regs For Comments
> CA: Steven Gallacher Named President of Preferred Employers Insurance Company
> CA: OAL Approves Regulations, DWC's 12-Point Plan to Control Medical Costs
> CA: High Court Denies Review of Rule 30 Appeal (Mendoza)
> CA: UC Berkeley Labor Occupational Health Program to Lead Workers' Comp Workshop
> CA: DWC AD Announces 2011 Profile Audit Review, Full Compliance Audit Performance Standards
> CA: DWC Posts Updated Fact Sheets for Injured Workers
> Citizens, Scientists Urge ACOEM to Include Public Comment on New Mold Induced Workplace Injuries

> Swiss Re Examines Impact of Health Care Reform on Workers' Comp and Other Casualty Lines

> NCOIL Reappoints Bill Sandifer Chairman of Workers' Compensation Committee

judges in the news

> Judge Yosh Yamanaka of the Marina Del Rey District Office retired Dec. 1, 2010.

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

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