Calif Edition Banner March 2010
Vol 2, Issue 4

Find Solutions & Strategies                           January 24, 2011

Self-Insured SignPublic Self-Insured Employers
Rising medical losses drive up workers' comp costs
In This Issue
* RECENT PANEL DECISIONS: settlements, sanctions
* BLOG ROUND UP: fraud, CCC's
* NEWS HEADLINES: Govenor's budget proposal

A Note From the Editor

Robin Kobayashi 2010
Dear WC Professionals:

I am pleased to announce a new way to research Calif. workers' comp cases on Nearly two years in the making, this new design is a result of LexisNexis' commitment to providing its customers with high quality & timely legal research materials. See the Cal. Comp. Cases announcement in the right column.

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.


Workers' Comp Cost Reduction
Workers Comp Kit Newsletter Ad

Click on the image above to sign up for the free Workers' Comp Kit Newsletter.


To view past newsletters by Workers' Comp Kit, click here.

featured article

CWCIRising Medical Losses Drive Up California Public Self Insureds' Workers' Comp Costs, by CWCI. Despite a decline in the number of job injury claims reported by California public self-insured employers last year, for the fourth year in a row rising claim severity (average loss per claim), fueled by higher medical costs, drove up total workers' compensation claim costs for cities, counties and other public agencies in the state last year according to data from the Office of Self-Insurance Plans (OSIP). > Read more

cal. comp. cases announcement

Cal Comp CasesCal. Comp. Cases January 2011 Issue. We are pleased to announce a new format for Cal. Comp. Cases on LexisNexis has invested in new technology that enables our Cal. Comp. Cases writers and staff to place the cases online in near real time. In addition, please note the following:


No More Duplicate Posts for Court Cases. In the past, court cases relating to workers' comp were duplicated in two different databases on, creating confusion for our users. One database was the official version of the Supreme Court or Court of Appeals case, while the other version was the unofficial version published in Cal. Comp. Cases. To avoid duplicate posts for published and unpublished court cases going forward, we will no longer be including those court cases in the Cal. Comp. Cases database (CAWORK) on


How to Conduct Online Case Research. When conducting online case research, you'll need to search two databases at the same time: CAWORK agency decisions and CA State Cases, Combined. Most of you already do this, so it won't require any change on your part.


[Note: The print version of Cal. Comp. Cases remains the same: i.e., all cases are reported in print.] subscribers: Click here to read the list of cases for the January 2011 issue of Cal. Comp. Cases.

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).

Settlements; WCAB Jurisdiction Over Carrier/Guarantor; Commutation. WCAB, denying dependent's request for commutation of future payments due pursuant to OACR settling dependency claim for his mother's 3/8/95 death, held that although WCAB retained jurisdiction over carrier (and possibly annuity company) regarding its liability to dependents of deceased injured worker passed through a structured settlement to an annuity company based upon provision in settlement making carrier the guarantor of payments by annuity company, dependent's request for commutation of future payments pursuant to LC 5100 on basis of hardship was insufficient because co-dependent, who had rights under settlement and possibly an adverse interest, was not properly represented in proceedings, and because it was unclear whether WCAB had continued jurisdiction or valid reason to alter terms of OACR some 14 years after its issuance. See McCallum panel decision.

Sanctions; EAMS Rules. WCAB, granting removal, rescinded WCJ's order to show cause regarding imposition of $500 sanction issued against e-filer/lien claimant pursuant to LC 5813 and Rule 10561 based on its inadvertent use of form for status conferences rather than lien conferences in filing DOR through EAMS in connection applicant's injury, when sanction order was largely based on two improperly checked boxes (status conference vs. lien conference) on an e-form which was recently changed, change was not yet reflected in E-form Filing Reference Guide, e-filer's agreement with DWC contained no provision for imposition of sanction or penalty for such error nor did WCJ cite any legal authority to support sanction, e-form was actually filed by lien claimant's litigation manager who was not a party, attorney or independent representative for purpose of imposing sanctions under Rule 10250(c), and there was no showing of bad faith to justify sanctions as required by LC 5813. See Garcia panel decision.

BLOG ROUND UP: lexisnexis workers' comp law community
Fraud SignWorkers' Comp  Fraud Blotter 1/20/2011 - recent arrests, charges, convictions, investigations. Read it.


Goldman Magdalin Krikes
California: Pharmaceutical Liens Require Acquisition Disclosure, by Goldman, Magdalin & Krikes, LLP. Read it.



Cal Comp CasesCalifornia Workers' Compensation Cases Roundup 1/12/2011. The December 2010 issue of Cal. Comp. Cases is now available to subscribers. Read it.


Goldman Magdalin KrikesCalifornia: The Reasonable Accommodation Process Done Right, 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: Insurance Commissioner Reiterates Support for Federal Healthcare Reform Law

CA: Governor Brown Posts Proposes Budget 2011-2012; DIR Budget Increased Over 6%

CA: SCIF President & CEO Tom Rowe Pushes for Leaner, More Efficient Organization

> CA: DWC Posts Adjustments to OMFS to Conform to Changes in Medicare Payment System

> CA: SCIF Hires New Chief Risk Officer, Chief Financial Officer

> Kevin Banion Named CEO of Progressive Medical, Inc.

> Mark Phelan Hired as Chief Sales and Marketing Officer at Progressive Medical, Inc.

> House Votes to Repeal Health Care Reform

> House GOP Lawmakers Propose Healthcare Legislation
Employers Holdings Announces Management Change

NWCDN To Establish WC Law Talk Forum As Part Of Workers' Compensation Roundtable On LinkedIn
> NCCI Projects Continued Decline in Net Written Premiums for Workers' Compensation
> OSHA Withdraws Proposed Interpretation On Occupational Noise
> A 14-Point Workers' Comp Annual Checkup That Can Protect You Against WorkComp Claims.

> GOP Senator Questions Healthcare Fraud Conviction Rate

> Economic Recession Slowed National Health Spending to 4 Percent, Slowest Rate Since 1960

> Dept. of Health and Human Services to Move Insurance Oversight Office Under CMS

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
  • 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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enewsletter archives
Take a deep dive into our past eNewsletters for 2011 and prior...warning - some links to articles may not any linking problems to

January 17, 2011

January 10, 2011

January 3, 2011



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