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Find Solutions & Strategies March 7, 2011 |
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 The Case for Mediation
How to resolve complex or "impossible" workers' compensation cases |
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A Note From the Editor |  | |
Dear WC Professionals:
California continues to be unfriendly to business, this according to the US Chamber of Commerce. See rankings in the box to the right.
Sincerely,
Robin E. Kobayashi, J.D. LexisNexis Editorial & Content Development |
| Disability Management Claims |  | |
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 |
| CSIMS Mid-Summer Seminar | |
"We put the pieces together for you, now let us show you the way!"
June 16-19, 2011
Hyatt Regency Santa Clara
5101 Great American Parkway
Santa Clara CA 95054
The seminar will address cutting edge concepts regarding practice, research, and policy in the field of occupational medicine.
The California Society of Industrial Medicine and Surgery is the only organization exclusively representing the private physician practicing occupational medicine in California.
Call 800-692-4199 or visit www.csims.net | |
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| MEDIATION |
  The Resolution of Workers' Compensation Cases Through Mediation, by Robert G. Heywood, Esq. and Hon. Steve Siemers (retired). For workers' compensation cases that have been open for two or more years, that can't seem to move to closure, that require extensive trial time, present complex legal, factual or medical issues, or simply seem "impossible", mediation may be the optimal way to achieve resolution. While commonly used as a settlement tool in the civil arena, mediation is now gaining increased acceptance in workers' compensation as its benefits are better understood and appreciated.
We often ask whether you would be willing to devote a day to a case if you knew that you had over an 80% chance of settling it? That is what happens in most mediated cases, so if your answer is "yes", you have cases appropriate for mediation. > Read more |
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| california rankings |
 U.S. Chamber Says Excessive Labor Laws Are Stifling Business in Many States. The U.S. Chamber has published a 50-state study on the impact of state employment policies on job growth. According to the study, the costs of excessive regulation are considerable, and "states with the heaviest regulatory burdens are sacrificing opportunities to reduce their unemployment rate and generate new business startups." The study ranks California in the worst tier ("poor").
> Read the study
U.S. Chamber of Commerce Institute for Legal Reform Publishes 50 State Ranking for the Best to Worst Legal Climates in the Country. The ILR's 2010 State Liability Systems Ranking Study was conducted "to explore how reasonable and balanced the states' tort liability systems are perceived to be by U.S. business." The study ranks California #46 as one of the worst legal climates in the country.
> Access the study |
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| 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; Utilization Review; Spinal Surgery. WCAB affirmed WCJ's award of spinal surgery to applicant based upon finding that defendant did not timely initiate UR or second opinion process under LC 4062 in connection with treating physician's request for surgical authorization, and determined that UR and second opinion obligations are not confined only to recommendations of treating physician of record or to primary treating physician but extend to all "treatment recommendations by physicians" based upon language in LC 4062 and 4610. See Andrews panel decision.
Permanent Disability; Offers of Regular, Modified or Alternative Employment. WCAB, in a split opinion, rescinded WCJ's award of increased permanent disability to applicant pursuant to LC 4658(d)(2), when WCAB found that defendant returned applicant to work at earliest opportunity and was, therefore, entitled to 15 percent decrease in permanent disability liability under LC 4658(d)(3)(A) in keeping with incentive behind statute to return permanently disabled employees to work; WCAB found that WCJ erred in finding that because defendant offered regular work before applicant's condition became permanent and stationary, offer was not made "within 60 days of [the] disability becoming permanent and stationary" as set forth in the statute. See Quintero panel decision. |
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| BLOG ROUND UP: lexisnexis workers' comp law community |
 Workers' Comp Fraud Blotter 3/4/2011 - recent arrests, charges, convictions, investigations. Read it.  Cal. Comp. Cases March Advanced Postings 3/2/2011. Read it. |
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| HOW TO ACHIEVE MEDICARE SECONDARY PAYER COMPLIANCe |
Take Control of Your Insurance Settlements With A Brand New Resource From LexisNexis!
 "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).
"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.
"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."
"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."
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  an 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
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| 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 resume@grancell-law.com.
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 amadson@gmklaw.com. |
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Designed especially for Lexis.com subscribers only, this monthly reporter saves you research time so that you can quickly find recent panel decisions on key topics.
MARCH ISSUE NOW IN PRODUCTION
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 lexis.com; and (2) Print version, which can be stored in a binder. What it costs: List price - $199/yr. PRICE INCLUDES BOTH PRINT AND ELECTRONIC DOCUMENT |
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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 work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.
February 28, 2011February 21, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104523390560.html
February 14, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104442568858.html
February 7, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104364443854.html
January 31, 2011
January 24, 2011 (addendum)
http://archive.constantcontact.com/fs077/1102828640660/archive/1104294156793.html
January 24, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104266393095.html
January 17, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104223885119.html
January 10, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104176109442.html
January 3, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104077989541.html
CLICK HERE TO ACCESS 2010 ARCHIVES.
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