Calif Edition Banner March 2010
Vol 2, Issue 13

Find Solutions & Strategies                              March 28, 2011

Verification I DeclareVerifications and Lien Claimants
Two new verifications are now required of lien claimants
In This Issue
* RECENT PANEL DECISION: Medical Provider Network
* BLOG ROUND UP: fraud, CCCs, interpreters
* NEWS HEADLINES: Ogilvie oral argument
* JUDGES IN THE NEWS: Smitter, Eckl, Martinez

A Note From the Editor

Robin Kobayashi 2010
Dear WC Professionals: 


We welcome back Judge Casey to our eNewsletter and thank her for another illuminating article on DWC procedure.
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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



Colleen CaseyVerifications Are Now Required for Documents Filed by Lien Claimants, by Judge Colleen Casey



Pop Quiz Question: When does a "lien claimant" become a party in a litigated case per 8 CCR §10210(y)?


a. The lien claimant files the application

b. The lien claimant files a DOR

c. The underlying case has been resolved

d. The injured worker (IW) chooses not to proceed

e. Either "c" or "d"


> Read more


Howard StevensPrivilege Issues in Workers' Compensation Cases, by Howard Stevens, Esq.


Your Protections. Generally speaking there is very little that is not discoverable by a party to a litigated California Workers' Compensation case. The theory is that open discovery with "all cards on the table" for both sides will promote more agreements and less litigation. Open discovery is felt to promote fairness and equity in the management of litigation for everyone. However, there are certain things which a party may be prevented from seeing or obtaining, and most of these fall into what attorneys call privileged communications or documents. > Read more

recent panel decision - sneak preview
Each week we report one or two 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 Provider Networks; Transfer of Care. WCAB, rescinding WCJ's decision, held that notices provided by defendant to illiterate Spanish speaking applicant/sorter with 9/16/2004 industrial injuries to her left knee and psyche regarding continuity of care and transfer of care into defendant's MPN complied with requirements of 8 Cal. Code Reg. §§ 9767.9(f) and 9767.12(a), when applicant was notified in writing about existence of MPN and about transfer of care into MPN, letters were in both English and Spanish and were copied to both applicant's attorney and her treating physician, and WCAB found nothing in regulations requiring defendant to determine applicant's literacy level prior to sending notices and no evidence that defendant knew or should have known that applicant was illiterate. See Rodriguez panel decision.



BLOG ROUND UP: lexisnexis workers' comp law community
Fraud SignWorkers' Comp  Fraud Blotter 3/25/2011 - recent arrests, charges, convictions, investigations. Read it.

Cal Comp CasesCal. Comp. Cases March Advanced Postings (3/23/2011). Read it.

Goldman Magdalin Krikes logoInterpreters at Medical Treatment Appointments (WCAB en banc), by Goldman, Magdalin & Krikes LLP. Read it.
Take Control of Your Insurance Settlements With A Brand New Resource From LexisNexis!


Thumbs Up  "Ms. Jordan and her contributors provide concise, practical analysis of the multiple layers and nuances of Medical Secondary Payer compliance. The Guide is a valuable resource for plaintiff and defense counsel, as well as insurance carriers, employers, and third party administrators."


- Ronald E. Weiss, Esq., Hamberger & Weiss, Rochester, New York. 


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: AB 947 Would Exempt Certain Injuries From Temporary Disability 104-Week Cap

> CA: Positive Signs Seen in State's Economy

> CA: Ogilvie Case: Lead City Attorney Resigns, Joins Law Firm Representing Injured Worker Ogilvie

> CA: Ogilvie Case: Court of Appeal Reschedules Oral Argument to 6/22/2011

> CA: DWC Readies Launch of New Electronic Filing Method JET File

> CA: DWC to Stop Accepting Some Pre-August 2010 OCR Forms

> CA: New Committee Members Elected at WCIRB Annual Meeting

> CA: L.A. Mayor Reaches Labor Agreement With City Workers, Includes 3-Year No Furlough Guarantee

judges in the news

> Hon. Ronald Smitter, Workers' Compensation Administrative Law Judge, San Diego District Office, retired 3/15/2011.

> Hon. J.A. Eckl, Workers' Compensation Administrative Law Judge, Fresno District Office, retired 3/4/2011.

> Hon. Michael Martinez, Workers' Compensation Administrative Law Judge, Pomona District Office, retired in December 2010.

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].

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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].

March 21, 2011

March 17, 2011 (Special Alert)

March 14, 2011

March 7, 2011

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



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