Calif Edition Banner March 2010
Vol 2, Issue 7

Find Solutions & Strategies                         February 14, 2011

Carrie Nevans thumbnailIn Memoriam: Carrie Nevans
Workers' comp community mourns loss of its leader
In This Issue
* RECENT PANEL DECISIONS: Apportionment, Sealed documents
* BLOG ROUND UP: fraud, CCCs
* NEWS HEADLINES: AIG's $4.1B charge

A Note From the Editor

Robin Kobayashi 2010
Dear WC Professionals:

We dedicate this issue of the eNewsletter to the late Carrie Nevans. May she rest in peace.

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


Quote of the Week
Tim Nay resized

"The Complete Guide to Medicare Secondary Payer Compliance, by Jennifer C. Jordan, is an absolute gem of information and authority for anyone working in the MSP compliance industry, attorneys, carriers and judges. The range of topics included in the book and updates is a beacon of wisdom in the confusing MSP compliance field."


Tim Nay, Esq., Law Offices of Nay & Friedenberg, Portland, Oregon. Mr. Nay is a co-founder of the National Alliance of Medicare Set-Aside Professionals (NAMSAP).

in memoriam: carrie nevans (1957-2011)

On Sunday, February 6, 2011 the workers' compensation community lost its leader. Carrie Nevans passed away from complications of kidney disease at the age of 53. Despite having serious health problems leading to a kidney transplant in 2002, Carrie Nevans worked tirelessly as a civil servant for the State of California as a "troubleshooter" in different departments. Since October 2005, within the Department of Industrial Relations, Ms. Nevans worked as the Division of Workers' Compensation Administrative Director (AD), Acting AD and Deputy AD until her passing in 2011. She is the first AD in memory to pass away while in office. > Read more

workers' compensation notable people 2010
Workers Comp Notable 2010 Badge ResizedThe LexisNexis Workers' Compensation Law Community is proud to sponsor the awards for Workers' Compensation Notable People for 2010. These exceptional people have worked tirelessly on behalf of their clients and have made significant contributions this past year to the workers' compensation system and/or the workplace.

Among the 2010 recipients are several Californians: Carrie Nevans, Robert G. Rassp, William Zachry, and S. Bradley Chalk. > Read the announcement
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; Apportionment. WCAB, affirming WCJ's finding in a split opinion and approving decision in Kaiser Foundation Hospitals, PSI v. W.C.A.B. (Dragomir-Tremoureaux)), held that applicant's industrial injuries to knees, spine and in form of stroke during cumulative period, and to right knee and in form of stroke, combined to cause 100 percent permanent disability pursuant to conclusive presumption for brain injury in Labor Code 4662(d), and that application of conclusive presumption precluded  apportionment as between applicant's cumulative and specific injuries under LC 4663, 4664 and Benson v. Permanente Medical Group; while finding that defendant did not prove apportionment as required under LC 4663 and 4664, concurring Commissioner indicated that he would allow apportionment, if properly proven, under LC 4663 and 4664(b) for LC 4662 total disability cases, but not apportionment under LC 4664(c). See Sanchez panel decision.

WCAB Procedure; Sealed Documents. WCAB affirmed WCJ's order denying applicant's petition to seal her entire workers' comp record and, alternatively, her request to be granted "Jane Doe" status and to have a line-by-line redaction of her name, address, and other private data from records regarding her injuries, when WCAB found that (1) on balance, public's constitutional right and interest in having access to documents regarding judicial proceedings outweighed applicant's privacy concerns with respect to her medical records, residence address, and social security number, (2) applicant failed to establish specific overriding reasons why her medical records should be sealed, (3) there is no reasonable expectation of privacy regarding injury-related medical reports submitted to WCAB, (4) applicant was not entitled to have her medical records sealed based on her stated concern that she might be assaulted, (5) applicant was not entitled to have medical record sealed based  upon California Public Records Act (PRA),  and (6) applicant was not entitled to have her record sealed to protect her home address or social security number because such information is already protected under LC 138.7 and PRA. See Stathoulis panel decision.

BLOG ROUND UP: lexisnexis workers' comp law community
Fraud SignWorkers' Comp  Fraud Blotter 2/11/2011 - recent arrests, charges, convictions, investigations. Read it.

Cal Comp CasesCal. Comp. Cases February Advanced Postings 2/11/2011. Read it.

Cal Comp CasesCal. Comp. Cases February Advanced Postings 2/8/2011. Read it.   
Take Control of Your Insurance Settlements With A Brand New Resource From LexisNexis!


Thumbs Up  "The range of topics included in the book and updates is a beacon of wisdom in the confusing MSP compliance field."


- Tim Nay, Esq., Law Offices of Nay & Friedenberg, Portland, Oregon. Mr. Nay is a co-founder of the National Alliance of Medicare Set-Aside Professionals (NAMSAP). 


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


> American Insurance Association Opposes Medicare-Set Aside Rules in Maryland
> Workers' Compensation Technical Alliance Forms On LinkedIn
Eastern Insurance Holdings Announces 4Q 2010 Results 

> Secretary Of Labor To Host Web Chat On 2012 Budget Request On Feb. 14 

job postings

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].

February 7, 2011
January 31, 2011

January 24, 2011 (addendum)
January 24, 2011 

January 17, 2011 

January 10, 2011 

January 3, 2011



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