Calif Edition Banner March 2010
Vol 2, Issue 5

Find Solutions & Strategies                           January 31, 2011

Mailbox redService in EAMS
Three top tips for how to avoid losing your case
In This Issue
* EAMS service rules
* RECENT PANEL DECISIONS: PD ratings, Interpreter liens
* BLOG ROUND UP: fraud, attendant care

A Note From the Editor

Robin Kobayashi 2010
Dear WC Professionals:

Get ready for the DWC's 18th Annual Educational Conference! LexisNexis authors Robert Rassp and Jennifer Jordan are presenting on Medicare Set-Asides. Learn more here.

Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
100 Years of Workers' Comp
Workers Comp Centennial


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

featured article

Colleen Casey



Service in EAMS, by Judge Colleen Casey



Mahatma Gandhi once said, "The best way to find yourself, is to lose yourself in the service of others." Extrapolating on that maxim, the best way to lose your case, is to find yourself serving others in violation of EAMS service rules. To make sure you are EAMS compliant, please review the three top tips for service of documents in EAMS.

  • Tip #1. Serve Documents to Parties by Mail Unless Otherwise Agreed
  • Tip #2. "Plus 5 Days for Mailing" Applies Even if it's Not Mailed
  • Tip #3. When to Use Separator Sheets for Proofs of Service

> Read the complete article.

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 WCAB rescinded WCJ's finding that, based upon AME's opinion, applicant suffered 32 percent permanent disability as a result of 11/14/2004 right shoulder injury, 18 percent permanent disability as a result of 8/14/2006 left shoulder injury and 2 percent permanent disability as a result of injuries to right elbow and thumb during period 10/15/2005 through 10/15/2006, when AME analogized applicant's bilateral shoulder impairment to a hernia impairment based on her reduced lifting capacity, and WCAB found that AME's hernia analogy, which indirectly utilized pre-AMA Guides criteria and resulted in a permanent disability rating based upon 1997 Schedule for Rating Permanent Disabilities, was not substantial evidence as it was contrary to principles set forth in Almaraz II. See Shipp panel decision.

Liens; Interpreters. WCAB rescinded WCJ's order denying lien claimant/interpreter recovery on its lien for Spanish interpreting services provided to applicant, when WCAB found that WCJ's findings were not supported by the record and that WCJ erred in denying lien on basis that use of Spanish language in Los Angeles is so common that Spanish interpreting services during a medical appointment was not "reasonably required" under LC 4600, that WCJ's analysis would result in never allowing for Spanish interpreting services during medical appointments, that although no statutory provision specifically provides for allowance of interpreting services during medical appointments, there are occasions when such services are reasonable and necessary to cure or relieve an injured worker from effects of injury, and that right to obtain a fee for interpreting services depends on circumstances under which services were provided and whether provision of services was reasonable and necessary, as well as on interpreter's qualification; WCAB remanded matter for determination of whether lien claimant met burden of proving that interpreting services were reasonable and necessary, and whether interpreter was properly qualified to render services. See Aguayo panel decision.

BLOG ROUND UP: lexisnexis workers' comp law community
Fraud SignWorkers' Comp  Fraud Blotter 1/27/2011 - recent arrests, charges, convictions, investigations. Read it.


Shaw Jacobsmeyer NEWCalifornia Court Reversed W.C.A.B. Award for 24 Hour Nursing Care, by Richard Jacobsmeyer. 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: RAND Corporation Publishes Report on Workers' Comp Reform and Return to Work

> CA: DWC Posts Program Agenda for 2011 Education Conference
> CA: DWC OMFS To Conform To Changes In Medicare Payment System

> CA: DWC Updates Ambulance Fee Schedule to Conform to Changes in Medicare Payment System

> CA: Newspaper Reports Problems With Employee Safety at Atascadero State Hospital

> CA: CHWSC Announces The 2011 Young Worker Leadership Academy

> CA: State Fund Appoints Two New Executive Officers

> CA: DWC Updates Hire Pamphlets 

CA: Concord Settles Police Officer's Discrimination Suit, Workers' Compensation Claim

CA: ACIC Names Sektnan President

CA: California Contractors State License Board Cracks Down on Failure to Obtain Workers' Comp Insurance

CA: DWC Audit Unit Posts Annual Report for Audits Conducted in 2009

> CA: DWC Publishes Two Annual Reports

> Injuries, Illnesses, And Fatalities In Food Manufacturing In 2008
> RIMS Says 4Q 2010 Insurance Renewals Generally Flat
> OSHA Temporarily Withdraws Proposal For Musculoskeletal Disorders
> Five Worst States to Start A Business: DC, NJ, NY, CA, VT
Travelers Reports Reduction in Full Year 2010 Net and Operating Income Compared to Prior Year
Buyers Market For Workers' Compensation Insurance Expected To Continue in 2011
> Board-Certified Case Managers Passes 30,000 Mark
Former AIG Chairman Says AIG Should Be Broken Up

judges in the NEWS

> Judge Charles Ringwalt, Long Beach District Office, retired 12/30/2010. 

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
  • 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
P2548 CA WC HotDocs
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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 24, 2011 (addendum)
January 24, 2011

January 17, 2011

January 10, 2011

January 3, 2011



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