Calif Edition Banner March 2010
Vol 2, Issue 6

Find Solutions & Strategies                         February 7, 2011

Employee performance formGood Faith Personnel Actions
Judicial factors of consideration in assessing substantial causation of injury
In This Issue
* RECENT PANEL DECISIONS: Medical treatment; Ex parte communication
* BLOG ROUND UP: fraud, home healthcare lien
* NEWS HEADLINES: Compound drugs

A Note From the Editor

Robin Kobayashi 2010
Dear WC Professionals:

Congratulations to Bill Herreras, one of our LexisNexis California Workers' Compensation Editorial Board members, who was honored by CAAA with the Eugene Marias Lifetime Achievement Award. 

Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
Medicare Set-Asides

Robert RasspJennifer Jordan 2

DWC's 18th Annual Educational Conference


Feb. 24-25 - Los Angeles

Feb. 28-Mar.1 - Oakland


LexisNexis authors Robert Rassp and Jennifer Jordan are presenting on Medicare Set-Asides. Learn more here


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

featured article

David Bryan LeonardJudicial Factors of Consideration in Assessing Substantial Causation of Injury From Good Faith Personnel Actions, by David Bryan Leonard. In San Francisco Unified School District v.W.C.A.B. (2010) 190 Cal. App. 4th 1, [117 Cal. Rptr. 3d 824, 2010 Cal. App. LEXIS 1943], the court concluded that all injurious factors, industrial and non-industrial, must be considered by the court when determining whether or not a personnel action was the substantial cause of injury. In reaching its decision, the term "apportioned" was used by the court in both its discussion of injury and the impact of disability. The interchanging use of the term "apportioned" creates the incorrect impression that causation of injury can be used interchangeably with causation of disability. This article will review the court's decision and conclude with comments referencing the WCAB's recognition of the difference between the two concepts. > Read more

william a. herreras, esq.

William HerrerasWilliam A. Herreras, Esq. Honored With Eugene Marias Lifetime Achievement Award. On January 22, 2011 the California Applicants' Attorneys Association (CAAA) honored and recognized William A. Herreras, Esq. with the Eugene Marias Lifetime Achievement Award for Professional Excellence. The award was created in 1984 by CAAA's Board of Governors as a tribute to Eugene Marias who, during his lifetime, achieved the highest standards of professional excellence in representing California's injured workers. The Marias award is given to an individual who, by a lifetime dedication to the cause of justice, by professional accomplishments, by unselfish expenditure of personal time and energy on behalf of clients and CAAA, and by integrity, wisdom, and leadership, best exemplifies CAAA's ideal of true professionalism and humanitarian standards. > 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).
Medical Treatment; Reasonableness and Necessity; I-Phone Application. WCAB upheld WCJ's award of medical treatment in form of I-Phone application for vehicle access to applicant who suffered a bilateral upper extremity amputation below elbow as a result of industrial injury, when WCAB found that I-Phone application was reasonable and necessary to improve applicant's functional capacity as allowed pursuant to Rule 9792.24.3, that a specially equipped vehicle prescribed by a physician constitutes covered "medical supplies" under LC 4600, that applicant's treating physician authorized I-Phone application based upon recommendation of occupational therapist and properly complied with Rule 9792.6(o) in requesting authorization, and that defendant did not object to treating physician's treatment plan or issue a UR denial. See Limon panel decision.

Medical-Legal Procedure; Ex Parte Communications With Qualified Medical Evaluator. WCAB, on remittitur from court of appeal, held that communication between defense counsel and panel QME in death benefits case constituted a prohibited ex-parte communication under LC 4062.3(e) and (f), because even though QME, not defendant, initiated communication to request additional copy of records for his review, WCAB found that (1) communication was not "so inconsequential or so peripheral to the proceeding herein as to be insignificant" as communication was about "operative proceedings" of the case, (2) subject of records requested by panel QME was a sensitive one, and (3) although effects of communication may be subtle, communication was significant enough to require a new evaluation from another QME. See Paredes panel decision.

BLOG ROUND UP: lexisnexis workers' comp law community
Fraud SignWorkers' Comp  Fraud Blotter 2/3/2011 - recent arrests, charges, convictions, investigations. Read it.

Goldman Magdalin KrikesSworn Deposition Testimony Coordinated Between Defense Counsel and Employer Results in Criminal Charges Filed Against School District Employee, by Goldman, Magdalin & Krikes. Read it.

Goldman Magdalin KrikesSecond Appellate District Issues Published Opinion That Provides Some Standards for Calculation of Home Healthcare Lien Claims by Family Members, by Goldman, Magdalin & Krikes. 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: CHSWC Published Use Of Compound Drugs And Medical Foods In CA's WC 

CA: Coalition of Unlikely Bed Fellows Continues Growing to Nail Dishonest Employers

CA: DWC Launches New Electronic Billboard for Los Angeles District Office

> CA: 2011 Super Lawyers Magazine Identifies Four GMK Partners

> CA: DWC Issues 15-Day Notice Of Revisions To E-Med Treatment Billing Regs 

CA: DWC Posts 2011 AR Of Inventory Advice And Form For Claims

CA: DWC Is Accepting Applications For QME

> CA: SCIF Promotes Beatriz Sanchez and Julie Jenkinson to VP Positions

> CA: Injured Railroad Worker Wins $4.9M Jury Verdict

> CA: SB 127 Would Require AD to Adopt CPT Codes on Annual Basis in Official Medical Fee Schedule

> Prospects for Tort Reform Strong: State Survey
CSC Awarded $143M Contract to Help Labor Dept. Process Workers' Comp Claims
> American Financial Group Announces 4Q and Full Year 2010 Results
> Crawford & Company Board of Directors Elects Joia M. Johnson to Board
> Berkshire Hathaway Expands Nationally to Provide Workers' Comp Insurance
> U.S. Senator's Bill Would End Workers' Comp at 65 for Federal Employees

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 [email protected].


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 [email protected].

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
Order now: Contact [email protected] 
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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 [email protected].

January 31, 2011

January 24, 2011 (addendum)
January 24, 2011

January 17, 2011

January 10, 2011

January 3, 2011



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