Calif Edition Banner March 2010
Vol 2, Issue 47

Find Solutions & Strategies                        November 21, 2011

Penalty No LC 5814Temporary Disability With Salary Continuation Under the Education Code
WCAB panel reverses WCJ on LC 5814 penalty
In This Issue
* RECENT PANEL DECISION: Child Care Services
* WCJ NEWS: Hon. Rosa Lim, Hon. David L. Slucter, Hon. Jules Greenberg
* NEWS HEADLINES: Zenith's Stanley Zak to Retire, SCIF Files RICO Claim Against Select Staffing

A Note From the Editor

Robin Kobayashi 2010

Dear WC Professionals: 


Thanks to  Bruce P. White, Esq. for his contribution to this week's eNewsletter.


To sign up for our free weekly eNewsletter, send me your full name and email address, along with your request for the California edition.



Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations

Happy Thanksgiving

Thanksgiving Turkey Food




td with salary continuation

Bruce WhiteCalifornia WCAB Panel Addresses Temporary Disability With Salary Continuation Under the Education Code, by Bruce P. White, Esq. A WCAB panel has recently issued an important decision that will give guidance to the workers' compensation community on salary continuation plans. The decision in Fiorentino v. Allan Hancock College, ADJ7527243, is noteworthy in that it pertains to the integration of Temporary Disability (TD) with salary continuation under the California Education Code. > Read more.

sneak preview: recent panel decision

We'll be adding this panel decision to the LexisNexis services. If you're a subscriber, purchase our Calif. WCAB Noteworthy Decisions Reporter today.


Medical Treatment; Child Care Services. WCAB, rescinding WCJ's finding, held that applicant who suffered industrial injuries and was awarded child care services as part of his medical treatment award, was entitled to select his own child care provider and was not required to use child care provider of defendant's choosing, when WCAB found that (1) child care services are awarded as medical treatment and are highly personnel services comparable to physician-patient Kids Chancerelationships, and should be afforded equal deference as shown in Labor Code, regulations, and case law, (2) there was no showing in this case that child care provider selected by applicant, who had cared for applicant's children for seven years, was defective in any way or that conditions had changed so as to require a new provider, (3) applicant's nurse case manager testified that it was in applicant's best interests to keep his current child care provider with whom his family had an established relationship, (4) fact that defendant pays for applicant's child care services is not a sufficient reason to deprive applicant of right to choose a provider, and (5) defendant provided no convincing rationale for requiring applicant to switch to a licensed and bonded child care provider of its choosing, nor is there any legal requirement that child care services awarded pursuant to Labor Code 4600 be provided by a licensed and bonded provider. See Fam panel decision.


Reminder: Check the subsequent history of the panel decision before citing to it.

blogs at the lexisnexis workers' comp law community 


Fraud Sign

Workers' Comp Fraud Blotter -  Mum's the Word for Double-Dipping Florist Who Created Floral Arrangements While On Disability, by LexisNexis Workers' Compensation Law Community Staff. Read it.  



Cal Comp CasesHR Manager's Widow Denied Death Benefits - Cal. Comp. Cases November Advanced Postings (11/16/2011). Here's the fourth batch of advanced postings for the November 2011 issue. subscribers can link to the complete headnotes and summaries. Read it
workers' compensation judges in the news 

> Hon. Rosa Lim, Santa Ana District Office, has retired.

> Hon. David L. Slucter, San Bernardino District Office, plans to retire 11/30/2011. He has served as an annuitant for the last three years.

> Hon. Jules Greenberg is now serving as an annuitant at the Riverside District Office.


Workers' Comp Executive:

FLASH: Stanley Zax Stepping Down From Zenith.  

FLASH: State Fund Workers Protest Cuts.

FLASH: State Fund Declares Dividend.

Copyright 2011 Providence Publications, LLP. All rights reserved. Reprinted with permission.


Other News:

CA: SCIF Files RICO Claim Against Select Staffing.

CA: SCIF Audits, Fines 2 Employers Over Employment Status of Independent Reps.

CA: SCIF Burbank Employees Protest Impending Layoffs.

CA: SCIF to Pay Up to $50M in Severance Packages for Workers Who Voluntarily Leave.

CA: Columnist Sees New Battle Ahead for Workers Comp Reform.

CA: DWC Posts Updated Pharmaceutical Fee Schedule Data File.

CA: Former DA Accused of Improper Conduct With Women He Prosecuted for WC Fraud.

US Supreme Court to Hear Health Care Reform Case.

New OxyContin More Difficult to Crush, Snort, Inject; Pushes Black Market Price Down.

NCCI Posts Research on Loss Cost Components and Industrial Structure.

Zurich Reaches Agreement With Patriot to Underwrite Workers Comp Insurance Through Agency Captive Platform.

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

November 14, 2011: Ex Parte Communicate Post-Alvarez.
September 26, 2011: The Neutral Risk Doctrine.
September 6, 2011: QME Panel Requests.
August 29, 2011: A Primer on Depositions.
August 15, 2011: Supreme Court COLA Decision.

July 11, 2011: QME Regulations: Face to Face Meetings.

July 5, 2011: PQME Supplemental Reports.

June 20, 2011: Sanctions: Three-Cent Dispute.

June 13, 2011: A Balanced Approach to Litigation.

June 6, 2011: Post-Valdez Defense Protocols.

May 31, 2011: Stress-Related Compensable Consequence Injuries.

May 23, 2011: Developing the Record.

May 16, 2011: Overpayments.

May 9, 2011: Third Party Cases.

May 2, 2011: Temporary Total Disability.

April 25, 2011: Non-MPN Physician Reports.

April 18, 2011: 2011 Alphabet Soup.

April 11, 2011: Rule 38 and Medical Examiner Reports.

April 4, 2011: Penalties Post SB-899.

March 21, 2011: Workers' Comp and Earthquakes.

March 14, 2011: LC 5710 Attorney's Fees.

March 7, 2011: Mediation.

February 28, 2011: Arbitrations.

February 14, 2011: In Memoriam: Carrie Nevans.
February 7, 2011: Good Faith Personnel Actions.
January 31, 2011: Service in EAMS.

January 24, 2011 (addendum): Sanctions; EAMS rules.

January 24, 2011: Public Self-Insured Employers.

January 17, 2011: CHSWC Report on Liens.

January 10, 2011: Temporary Workers.

January 3, 2011: Permanent Total Disability & Total Loss of Future Earning Capacity.



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