LexisNexis Calif. Workers' Comp eNewsletter: AD Rosa Moran's First Interview

Vol 2, Issue 32

Find Solutions & Strategies August 8, 2011

LexisNexis Interviews Administrative Director Rosa Moran

In her first interview, the new AD tells us her plans for the Division of Workers' Compensation

In This Issue

* ROSA MORAN INTERVIEW

* eBOOK IS HERE: HERLICK HANDBOOK

* RECENT PANEL DECISION: Heart presumption

* BLOG ROUND UP: Fraud, CCC's, Structured Settlements

* JOB POSTING: Defense attorney

* MSP COMPLIANCE BOOK

* NEWS HEADLINES: WCAB proposes lien rule changes

* CITEABILITY OF PANEL DECISIONS

* PANEL DECISIONS REPORTER

* eNEWSLETTER ARCHIVES

A Note From the Editor

Dear WC Professionals:

Thanks to our editorial consultant Kenneth B. Peterson for securing the first interview with Rosa Moran, the newly appointed Administrative Director. We hope to do a follow up interview with the Administrative Director sometime in the near future.

If you haven't subscibed yet to our free weekly eNewsletter, contact me with your name and email address, and I'll add you to the distribution list.

Sincerely,

Robin E. Kobayashi, J.D.

LexisNexis Editorial & Content Development

robin.e.kobayashi@lexisnexis.com

Top Secrets for Rating Permanent Disability

& Ogilvie Update

August 20, 2011

Colleen Casey Robert Rassp

Instructors: Judge Colleen Casey

& Robert G. Rassp, Esq.

Now that the 5th DCA has denied writ of review in Almaraz II, some legal observers say the WCAB's en banc opinion expanding rebuttal of PD ratings to "the four corners of the Guides" is now effectively final. The instructors for this live seminar have identified more than a dozen PD rating issues for examination.

Click here for details.

lexisnexis interview: rosa moran

On Thursday, August 4, 2011, the new Administrative Director for the Division of Workers' Compensation, Rosa Moran, sat for her first interview since the announcement of her appointment. She was questioned by long-time LexisNexis editorial board member Kenneth Peterson (retired Ken Peterson Associate Chief Judge and former Presiding Judge of the Oakland District Office) (pictured to the right). The interview began at Moran's office on the 6th floor of the Oakland State Building, where she has served as a trial judge for six years, and ended at her new Administrative Director office on the 17th floor, aptly reflecting the competing demands upon her time as she finishes a few final case decisions submitted from past trials. The interview follows below:

Q: The position of DWC AD has become widely viewed as among the more demanding in all of state government. Why did you decide to apply?

A: Good question, and one that a lot of people have asked me. There have been some funny and more serious answers suggested. I will focus on the serious ones, since they tend not to question my sanity. As a judge, I have seen all sides of many current workers' compensation issues, along with the wide and divergent interests reflected by parties that have appeared in my cases. Many of them have strong agendas, and as a judge you hear it all. I have functioned as a neutral party without any agenda or set position, and my goal has been to try to improve the system. I was no longer in the industry. I thought that someone with that kind of background could offer a new perspective and have some advantages as AD, coming in without a wish list or fixed position on issues, and seeking to take a look at how the system could be improved. That's why I decided to apply. Read more.

who says you can't take it with you?

Ebook Ereader Device Introducing the Herlick, California Workers' Compensation Handbook eBook from LexisNexis�. It's portable, dependable, and simple to use on an e-reader, such as Apple� iPad�, Adobe� Digital Edition, Sony� Reader, and Amazon� Kindle™. Attorneys, employers, insurance professionals, and others involved with workers' compensation issues depend on the Herlick Handbook for quick answers on permanent disability, utilization review, medical provider networks, employment status, liens, benefits, and more. Now, this same trusted content is ready whenever you need it and wherever you are, 24/7.

SNEAK PREVIEW: RECENT PANEL DECISION

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. Panel decisions are citeable, but not binding precedent.

Presumption of Compensability; Heart Trouble; Peace Officers. WCAB upheld WCJ's finding that applicant/deputy sheriff's congenital atrial fibrillation constituted a "disease" within meaning of Labor Code � 3212.5 for purpose of applying presumption of compensability to applicant's claim for industrial heart injury during period 4/19/2001 through 12/30/2008 when, although term "disease" is not defined within context of Labor Code � 3212.5, WCAB found that Labor Code � 3212.5 does not limit term's meaning to any specific condition and that, here, finding of injury to applicant's heart was appropriate because applicant suffered a disability arising after his employment from a condition that existed before his employment. Read the Kargas panel decision.

Reminder: Practitioners should check the subsequent history of a panel decision before citing to it.

blogs at the lexisnexis workers' comp law community

Fraud Sign

Workers' Comp Fraud Blotter - Lawyer Found Dead In His Garage After Accusations of Stealing From Clients, by LexisNexis Workers' Compensation Law Community Staff. Read it.

Cal. Comp. Cases August Advanced Postings (8/4/2011). Here's the first batch of advanced postings for the August 2011 issue. Lexis.com subscribers can link to the complete headnotes and summaries. Read it.

Delay in Calculating a Structured MSA Can Cost You, It's Free, So Why Wait? by Teddy Snyder, Esq. Read it.

job posting

WC Defense Associate. Brea office of Goldman, Magdalin & Krikes, LLP seeks attorney with minimum 5 years workers' comp defense experience, competitive salary & benefits. Submit in Word format cover letter, resume, salary history/requirements to dcaldarelli@gmklaw.com.

HOW TO ACHIEVE MEDICARE SECONDARY PAYER COMPLIANCe

The Complete Guide to Medicare Secondary Payer Compliance

Jennifer C. Jordan, Esq., Editor-in-Chief

To order, go to www.lexisnexis.com/Medicare.

Medicare Secondary Payer Compliance is an elusive area of law - tucked away in various public laws, statutes, regulations and CMS guidance materials.

Worse, many people don't realize that the CMS approval process for MSAs is voluntary-and carries an inherent cost.

That's why you need this all-in-one handbook ...

Authored by the leading expert in the field of the MSP, "The Complete Guide to Medicare Secondary Payer Compliance" is the only available resource written by an industry insider with a deep understanding and practical knowledge about this highly complex and evolving area of the law.

For the first time, you'll find all relevant pieces of the law in one accessible place. And by understanding what CMS wants-and why it wants it-you'll be better able to:

● Take control of your insurance settlements

● Avoid pitfalls, delays and penalties

● Comply with reporting requirements

You'll also learn that CMS' preference may not be the only way to achieve MSP compliance.

Attorneys agree! This is the first comprehensive resource for achieving Medicare Secondary Payer Compliance.

"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.

"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."

- Brad Bleakney, Esq., Bleakney & Troiani. Read his complete review at Illinois Workers Compensation blog.

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.

Implementation of the MMSEA reporting program is underway. Don't wait to order!

Questions? Contact Robin.E.Kobayashi@lexisnexis.com.

NEWS HEADLINES

Workers' Comp Executive:

FLASH: WCAB Moves to Reduce Lien Totals.

Other News:

CA: PacificComp Appoints New Loss Control Manager.

CA: DWC Posts Adjustments to Pathology, Clinical Laboratory Section of OMFS.

CA: WCAB Proposes Changes to Rules of Practice and Procedure, Specifically Lien Claims.

CA: Applicant's Attorney Warns About "Traveling Docs" on Panel QMEs.

Workers Comp: Impact of ObamaCare and Recession.

Liberty Mutual Plans to Appeal $450M AIG Workers' Comp Settlement.

Social Media, Insurance Fraud, and Invasion of Privacy.

Employers Holdings, Inc. Reports Second Quarter Earnings.

AIG Posts 2Q Net Income of $1.8B.

SeaBright Holdings Reports 2Q Net Loss of $15.8M.

Workers Comp Sitcom Pilot Completed, Screening Scheduled Aug. 31.

Report: 9/11 Attorneys Earned $400M in Fees to Help 9/11 Sick Workers.

citeability of panel decisions

Practitioners should proceed with caution when citing to a panel decision that hasn't been designated as a "significant panel decision" by the Workers' Compensation Appeals Board, and should also verify the subsequent history of the panel decision. WCAB panel decisions are citeable authority, particularly on issues of contemporaneous administrative construction of statutory language [see Griffith v. WCAB (1989) 209 Cal. App. 3d 1260, 1264, fn. 2, 54 Cal. Comp. Cases 145]. However, WCAB panel decisions are not binding precedent, as are en banc decisions, on all other Appeals Board panels and workers' compensation judges [see Gee v. Workers' Comp. Appeals Bd. (2002) 96 Cal. App. 4th 1418, 1425 fn. 6, 67 Cal. Comp. Cases 236]. While WCAB panel decisions are not binding, the WCAB will consider these decisions to the extent that it finds their reasoning persuasive [see Guitron v. Santa Fe Extruders (2011) 76 Cal. Comp. Cases 228, fn. 7 (Appeals Board En Banc Opinion)].

Lexis.com subscribers can link to the cases cited above.

NPD reporter banner

Designed specifically for Lexis.com subscribers only, this monthly reporter saves you research time so that you can quickly find recent panel decisions on key topics.

AUGUST ISSUE NOW IN PRODUCTION