Calif Edition Banner March 2010
Vol 2, Issue 19

Find Solutions & Strategies                               May 9, 2011

Third Party Cases BookThird Party Cases
A quick primer on subrogation, liens, interventions, credit, comparative fault
In This Issue
* RECENT PANEL DECISION: Contribution, Permanent Disability
* NEWS: Temporary Disability bill advances

A Note From the Editor

Robin Kobayashi 2010
Dear WC Professionals: 


If you have a recent panel decision that would interest the workers' comp community, I encourage you to send both the WCAB decision and WCJ's report & recommendation on petition for reconsideration to me at my email address below.  If you would like to fax it, send to 415-616-4400 with a cover sheet that has my name on it.


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

Laughlin, Falbo, Levy & Moresi LLP and Sedgwick LLP present



A free seminar series on recent developments in employment and workers' compensation law since the passage of SB 899 in 2004, as well as return to work/interactive process obligations.


Click here for information/registration


Presentation Topics:

- Some Like it Hot: Top 10 Hot Button Employment & Labor Issues in Workers' Compensation

- Monkey Business: Stopping Fraudulent Workers in Their Tracks

- Something's Got to Give: The Spiraling Costs and Endless Litigation of Ogilvie and Almaraz et al. When Is Enough Enough?

- The Misfits: Jim Pettibone and Barry Lesch Round Up and Corral Recent Case Law


Breakfast: 8 - 8:30 a.m.

Seminar: 8:30 a.m. - 12:30 p.m.


Los Angeles: Thurs., May 12, 2011

Oakland: Thurs., May 19, 2011

San Diego: Thurs., June 9, 2011

Riverside: Thurs., June 23, 2011


third party cases

Howard StevensSomebody Else Did It! A Primer on Third Party Cases, by Howard Stevens, Esq.


Third Party Remedy. The employee and employer each have an independent cause of action for damages against a negligent third party. Lab. Code § 3852; Buell v. CBS, Inc. (1982) 136 Cal. App. 3d 823, 825, 186 Cal. Rptr. 455. The employee may simultaneously proceed against the third party for civil damages and against the employer for workers' compensation benefits for the same injury. Lab. Code § 3852; Finney v. Manpower, Inc. (1981) 123 Cal. App. 3d 1066, 1069, 177 Cal. Rptr. 74. However, any amount that the employee recovers from the third party is subject to the employer's right of reimbursement for compensation already paid or credit against future compensation paid to the employee or to the employee's dependents (for a death claim) on account of that injury. Lab. Code § 3852; C.J.L. Construction, Inc. v. Universal Plumbing (1993) 18 Cal. App. 4th 376, 383-384, 22 Cal. Rptr. 2d 360, 58 Cal. Comp. Cases 543. 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).


Contribution. WCAB rescinded WCA's finding that Oakland Raiders was entitled to reimbursement solely from Atlanta Falcons for 39 percent of all sums paid to applicant/professional football player who sustained injuries to his neck, head, spine, hips, upper and lower extremities and neurologic system while playing for three different teams between 7/16/93 through 2/28/2003, and held that Atlanta Falcons was liable for only 4 percent of sums paid to applicant, when WCAB disagreed with WCA's analysis that Labor Code § 5500.5(a) allowed for apportionment of liability between employers according to contract dates outside last year of employment and, instead, found that under Labor Code § 5500.5(a) liability should have been assessed according to proportionate periods of employment during which each team employed applicant within calendar year 2/28/2002 through 2/28/2003 (excluding periods of unemployment), which encompassed the one year period immediately preceding applicant's 2/28/2008 date of injury under Labor Code § 5412. See Gordon panel decision.


Permanent Disability; Offers of Regular, Modified or Alternative Work. WCAB rescinded WCJ's finding that defendant did not offer work to applicant/store manager with 11/8/2005 industrial injuries to back, internal system and psyche within 60 days of his disability becoming permanent and stationary for purposes of receiving Labor Code §§ 4658(d)(3)(A) decrease in permanent disability payments, when WCJ's finding was based upon strict interpretation that 60 day statutory period began to run on date applicant was declared permanent and stationary, rather than date defendant received notice of applicant's permanent and stationary status, but WCAB held that in order for Labor Code §§ 4658(d)(2) and 4658(d)(3)(A) to have their intended effect, 60 day time periods must be construed to begin running from date defendant receives notice that an injured worker's disability is  permanent and stationary, and not from permanent and stationary date that is opined by physician; WCAB returned matter to WCJ to apply proper construction to Labor Code §§ 4658(d) and also to consider whether offer of work made by defendant was "in form and manner prescribed by the administrative director" as required by statute, because copy of offer in evidence did not include preparer's signature. See Soto panel decision.

BLOG ROUND UP: lexisnexis workers' comp law community
Cal Comp CasesCal. Comp. Cases May Advanced Postings (5/5/2011). Read it.

Fraud SignWorkers' Comp Fraud Blotter - Recent Arrests, Convictions, Investigations. (5/5/2011) Read it.
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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
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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

May 2, 2011
April 25, 2011

April 20, 2011 (Special Alert)

April 18, 2011

April 11, 2011 (Special Alert)

April 11, 2011

April 4, 2011

March 28, 2011

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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