Calif Edition Banner March 2010
Vol 2, Issue 9

Find Solutions & Strategies                         February 28, 2011

Judge Gavel 3Arbitrations
Everything you always wanted to know and are afraid to ask
In This Issue
* RECENT PANEL DECISIONS: AMEs, Limited liability companies
* BLOG ROUND UP: fraud, CCCs, exclusive remedy
* NEWS HEADLINES: Ogilvie oral argument scheduled

A Note From the Editor

Robin Kobayashi 2010
Dear WC Professionals:

I've enjoyed meeting everyone at the DWC Conference in Los Angeles. Thanks for all the great feedback on the eNewsletter, LexisNexis books & services!

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

Robert RasspJennifer Jordan 2

DWC's 18th Annual Educational Conference


Feb. 28-Mar.1 - Oakland


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


Disability Management Claims
AWCP logo

Association of Workers' Compensation Professionals
California Commission on Health and Safety and Workers' Compensation

are pleased to announce the Spring Mini-Conference

"Successfully Surviving Disability Management Claims under ADA (as amended) and FEHA"

March 11, 2011
Radisson Hotel Sacramento

Read the announcement
Register here


Robert RasspEverything You Always Wanted to Know About Arbitrations and Are Afraid to Ask, by Robert G. Rassp, Esq.


In a departure from our journeys through the AMA Guides and six books on the subject (and continuing), it is time to switch gears and tackle the subject of arbitrations.


We have been blessed with the experience of being an arbitrator in cases since 1995 and as a result, we have gained a deep understanding of how these proceedings and how the laws governing them work.


Over the last 16 years, we have heard cases involving contribution, CIGA reimbursement, insurance coverage disputes, consolidated issues; and we have served as a special master, as a discovery referee and as a mediator of large or complex cases.


So why not write an article on the subject for you to refresh your memory on the general application of the statutes and regulations governing arbitration proceedings.


We must give credit where credit is due - to Presiding WCALJ Jorja Frank, who asked lots of questions about how arbitrations work and who suggested we write this article to save lots of time explaining the statutes and regulations and how they work in practice.


We hope this article assists you in participating in arbitrations, whether before us or before any other arbitrator you may face in a workers' compensation proceeding.


> Read it

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-Legal Procedure; AME. WCAB denied defendant's petition for removal and upheld WCJ's order denying applicant's petition to disqualify AME for failure to issue supplemental report within 60 days pursuant to Rule 38(h), when WCAB found that applicant failed to show that she would suffer substantial prejudice or irreparable harm absent removal, that only express consequence of an AME's failure to issue a supplemental report within 60 days is that AME might not be reappointed as a QME by AD, and that remedy for a delinquent report under Rule38(a) is to request a QME replacement pursuant to Rule 31.5 but not to terminate AME agreement. See Senenoi panel decision.
Coverage; Limited Liability Policies. WCAB, granting reconsideration, rescinded Arbitrator's finding that defendant had coverage and sole responsibility over applicant's claim and that co-defendant had no coverage based upon a limited liability policy, when defendant contended on reconsideration that endorsement limiting co-defendant's coverage was invalid due to co-defendant's failure to  obtain approval from Insurance Commissioner to limit liability as required under Ins Code 11657, and WCAB found that defendant's failure to raise validity of limited coverage at trial was not relevant because co-defendant had burden of proving  claim was excluded from coverage, and that further arbitration proceedings were required to determine whether applicant's claim was properly excluded from co-defendant's coverage. See Ozuna panel decision.
BLOG ROUND UP: lexisnexis workers' comp law community
Fraud SignWorkers' Comp  Fraud Blotter 2/24/2011 - recent arrests, charges, convictions, investigations. Read it.

Cal Comp CasesCal. Comp. Cases February Advanced Postings 2/25/2011. Read it.

Shaw Jacobsmeyer NEW VERSIONCalifornia: Stuntman Held to Be Special Employee - Exclusive Remedy Bars Civil Action, Ogilvie Oral Argument Set, by Richard Jacobsmeyer. 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  "I have a copy of Jennifer Jordan's book The Complete Guide to Medicare Secondary Payer Compliance and I am most impressed by same! I have recommended it to a number of attorneys here in Georgia."


- Richard C. Kissiah, Esq., Kissiah & Lay, Alpharetta, Georgia. 


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: DIR Partners With Univision To Reach Spanish-Speaking Workers   

CA: New Regulations Effective 3/12/2011 for Website to Check Workers' Comp Coverage

CA: CAAA, Teamsters Explain Why They've Joined Forces

> CA: AB 335 Would Revamp Workers' Comp Benefit Notices

> CA: AB 783 Enables Doctor Kickbacks at Expense of Patients, Says Physical Therapists

> CA: Court of Appeals Schedules Oral Argument in Ogilvie 4/13/2011

> CA: Judge Approves $624M Countrywide Settlement, But Major Investors Opt Out

> NFL, NFLPA Seek Common Ground to Save Collective Bargaining Agreement
> Increase Seen in Applications to Sell Structured Settlements
> US: Supreme Court to Hear Outer Continental Shelf Lands Act Case, Worker Killed Offshore
NICB Reports 24 Percent Rise in Suspicious Claims Since 2008

> AIG Reports 2010 Q4 Net Income of $11.2B

> AIG Posts $2.2B Adjusted Loss for 2010 Q4

> AIG's Chartis Operations Questioned After 2010 Loss

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


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

February 21, 2011
February 14, 2011
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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