Calif Edition Banner March 2010
Vol 2, Issue 3

Find Solutions & Strategies                           January 17, 2011

Liens Medical BillCHSWC Report on Liens
A response from the insurance industry
In This Issue
* RECENT PANEL DECISIONS: PD rating, Going and Coming
* BLOG ROUND UP: fraud, deposition attorney's fees
* NEWS HEADLINES: Chartis Exited $2B in Comp Business
* JOB POSTING: New Posting by Grancell Lebovitz

A Note From the Editor

Robin Kobayashi 2010
Dear WC Professionals:

Lexis for Microsoft Office will be a topic of discussion at the CAAA Winter Conference Law Office Technology seminar scheduled for Jan. 21 at 9:30 a.m. Attendees can pick up a free demo DVD at the LexisNexis booth.

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

WorkCompCentral Education thumbnail

Do You Want to Become an Expert on the AMA Guides? Start Here.


January 29, 2011


Colleen CaseyRobert Rassp


Instructors: Judge Colleen Casey

& Robert G. Rassp, Esq.


Learn how to accurately calculate a rating, follow other road maps set forth in Blackledge, and ensure your PD rating will hold up in court. Other agenda topics include AMA Guide glitches, quirks, and add-ons, protocols for rating under Guzman, and strict ratings under the  Guides. 


Click here for details.


featured article

Mark WebbThe following comments were submitted by Mark E. Webb, Vice President and Assistant General Counsel, Pacific Compensation Insurance Company, to Christine Baker at CHSWC:


On behalf of Pacific Compensation Insurance Company, we appreciate the opportunity to comment on the "Draft Liens Report". The comprehensiveness of this Draft Report is of great value to the workers' compensation community. All stakeholders should acknowledge our responsibility for this problem and our obligation to share in its resolution.


I. Introduction


The Executive Summary of the Draft Report begins with the statement, "Liens are both a cause and a result of serious distress in the California workers' compensation system." Liens, however, have been authorized since the Boynton Act, and while venerable does not necessarily mean valuable, it still must be questioned whether the current debate over liens should focus more on cause rather than effect. In other words, the seeds of the current dysfunction in this system were sown in 2003-04 and the rough transition required by AB 227 (Vargas), SB 228 (Alarcon) and SB 899 (Poochigian). For example, reinstating a lien filing fee may prove palliative for the Appeals Board, but not curative of the med-legal process. The need for a revised and comprehensible Official Medical Fee Schedule touches on many issues well beyond lien filings, and yet even bringing the current fee schedule up to date seems beyond the administrative process. > 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 50 to 65 noteworthy panel decisions added each month to the Lexis database, please consider purchasing our new panel decisions reporter (see below).

Permanent Disability Rating; AMA Guides. WCAB rescinded WCJ's finding that applicant incurred 39 percent permanent disability when, although AME properly calculated applicant's whole person impairment using different alternatives and chose method (gait derangement) he believed gave most clinically accurate impairment rating in keeping with AMA Guides and principles in Almaraz, WCJ incorrectly instructed rater to combine AME's impairment ratings rather than include only most accurate alternative in his rating instructions; WCAB found that applicant's injury caused 29 percent permanent disability under AMA Guides based upon gait derangement. See Melesio panel decision. 

Going and Coming Rule; Parking Lot. WCAB, rescinding WCJ's take nothing order, held that applicant's injury, which occurred while applicant was crossing the street from an employer-provided parking lot, was not barred even though applicant had left work to move her illegally parked car, when parking lot applicant was exiting at time of her injury was provided by her employer and, therefore, constituted her employer's premises, applicant was no longer going to or returning from work in a routine commute so as to justify application of "going and coming" rule, and fact that applicant had left work for a few minutes to move her car did not amount to abandonment of her job. See Herndon panel decision.
BLOG ROUND UP: lexisnexis workers' comp law community
Fraud SignWorkers' Comp  Fraud Blotter 1/13/2011 - recent arrests, charges, convictions, investigations. Read it.

Goldman Magdalin KrikesPresiding Judge Clarke of Salinas WCAB Issues Guidelines - Appropriate Reimbursable Amounts for Deposition Attorneys Fees, by Goldman, Magdalin & Krikes, LLP. 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: Goldman, Magdalin & Krikes Welcomes Attorneys James Ibold and Jabiz Zolfaghari
> CA: The Differences Between Doing Business in Texas vs. California
> CA: Supreme Court Justice Carlos Moreno Resigns Eff. 2-28-2011

> CA: New Medical Bill Rules Require Fast Action

> CA: Festa Named To CIGA Post
CA: DWC Issues Amended Notice of Rule Changes to Medical Billing
CA: Jeffrey Lowe Makes Partner at Laughlin Falbo, Three Attorneys Hired
> CA: Key Employment Law Changes for 2010

job postings

New! Workers' Compensation Defense Attorney - Grancell, Lebovitz, Stander, Reubens and Thomas


Grancell, Lebovitz, Stander, Reubens and Thomas is a leading statewide law firm that has provided defense of Workers' Compensation for over 30 years. The firm is currently seeking an assertive, personable and well-organized associate with a strong work ethic for our El Segundo and Ventura offices. We require 1-3 years of experience in Workers' Comp Defense.  Excellent written and verbal communication skills are required.

  • GLSR&T offers a competitive salary plus an attractive benefits package including:
  • Medical, Dental, Vision
  • 401(k)
  • Auto and Car Insurance Allowance
  • Annual Maintenance Allowance
  • Blackberry and Laptop
  • Gym Membership

Grancell, Lebovitz, Stander, Reubens and Thomas is an Equal Opportunity Employer.  Please send a cover letter and your resume to


Workers' Compensation Defense Attorney - Goldman, Magdalin & Krikes, LLP - Fresno, CA


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 handle full case loads, providing high-quality representation for our clients.


We are seeking an associate attorney with 5 years minimum defense experience.  Successful candidates will possess strong litigation, verbal and writing skills.  Travel to appearances 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 Allyson Madson at

NPD reporter banner

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


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