Calif Edition Banner March 2010
Vol 2, Issue 10

Find Solutions & Strategies                              March 7, 2011

Shake HandsThe Case for Mediation
How to resolve complex or "impossible" workers' compensation cases
In This Issue
* RECENT PANEL DECISIONS: Spinal surgery, Offer of regular work
* BLOG ROUND UP: fraud, CCCs
* NEWS HEADLINES: SCIF investigation ends

A Note From the Editor

Robin Kobayashi 2010
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. 

Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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

CSIMS Mid-Summer Seminar

CSIMS logo

"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



RobertHeywoodSteven SiemersThe 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

california rankings

California State flagU.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 

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. 
BLOG ROUND UP: lexisnexis workers' comp law community
Fraud SignWorkers' Comp  Fraud Blotter 3/4/2011 - recent arrests, charges, convictions, investigations. Read it.

Cal Comp CasesCal. Comp. Cases March Advanced Postings 3/2/2011Read 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: AB 397 Would Target Contractors Who Fail to Carry Workers' Comp Insurance

CA: AB 465 Would Target Landscapers Who Fail to Carry Workers' Comp Insurance

CA: Governor Seeks to Curb Pension System for Public Employees Including Police

CA: Increase in Medical Leave Cases

CA: Napa State Hospital Workers Fear Patient Attacks

CA: N. Michael Rucka to Retire After 40 Years of Workers' Comp Practice 

CA: DWC Posts Updated Utilization Review FAQs

> CA: Courts Unveil New Redesigned Website

CA: AB 950 Would Make Drayage Truck Operators Employees of Companies That Arrange for Their Services

CA: Assemblyman Calls for Win-Win Workers' Comp Approach for Employers, Employees, Taxpayers

CA: Four-Year SCIF Investigation Ends With No Charges Filed

> CA: BART Trains Seats Full of Bacteria, Possibly MRSA

> CA: Dori Rose Inda Receives 2011 James Irvine Foundation Leadership Award for Helping Agricultural Workers

> CA: San Diego Chargers Head Doctor in Hot Water Over Workers' Comp Medical Evaluator Application

> Leading Georgia Workers' Compensation Attorney Endorses Medicare Secondary Payer Compliance Handbook by LexisNexis
> NFIB Names EMPLOYERS Provider Of Choice For Its Members
> Risk Sciences Group Names Thurman And Collins Regional Vice Presidents
> York Specialized Loss Adjusting Acquires BC Johnson Associates
> A.M. Best Affirms The Ratings Of A (Excellent) For The MEMIC Group
> Sedgwick CMS Completes Acquisition of Specialty Risk Services
> NCCI Posts Data on Large Loss and Catastrophe Claims as of 12/31/2009
> HSA Survey: True Integration Missing in Workers' Compensation Systems
> HSA Podcast: What Insurers Want in Workers' Compensation Claims Systems
> US Chamber Study: States Could Create 750,000 Jobs, 50,000 Businesses by Streamlining Employment Regulations
Six Common Physician Biases Against Workers' Comp Cases

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] 
P2548 CA WC HotDocs
Order the Forms
1432 2011 edition cover 2nd

Order Today

New 2011 Edition

Top Blog 2010 Badge
View the Honorees
80283 R30 cover

Order Today

New 2011 Edition

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 28, 2011
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



LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.

Privacy & Security Copyright © 2011 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.