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Find Solutions & Strategies November 28, 2011 |
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 The Non-Examining Panel QME
WCAB panel allows report of non-examining PQME in a contribution proceeding |
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A Note From the Editor | |
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Happy Holidays From LexisNexis | |
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non-examining panel qme | |
WCAB Panel Allows Report of Non-Examining Panel QME in Contribution. In Chirinos v. Heartwood Cabinet, No. ADJ2087163, the WCAB panel found that the applicant's failure to submit to a physical examination by the panel QME did not render the panel QME's reports inadmissible for purposes of this contribution proceeding, and that the Arbitrator did not err in relying upon the opinion of the panel QME to determine apportionment between two carriers.
The applicant claimed a specific injury for which Virginia Surety provided benefits. Subsequently, he claimed a cumulative trauma for a period during which both Virginia Surety and Majestic Insurance provided coverage. Applicant elected to proceed against Virginia Surety on the cumulative trauma claim. The parties settled the cumulative trauma claim by Compromise and Release Agreement, and agreed to dismiss the specific injury claim with prejudice. > Read more.
Reminder: Check the subsequent history of the panel decision before citing to it. |
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messele: PROSPECTIVE APPLICATION |
 W.C.A.B. Limits Application of Messele Decision, by Richard M. Jacobsmeyer, Esq. After seeking input on its Notice of Intent to limit application of the Messele decision prospectively, and getting none, the W.C.A.B. has confirmed its decision to limit the application of its holding. The W.C.A.B. has, in a decision which issued yesterday as follows:
- To cases where a QME panel issued after the date of its original decision (9/26/2011)
- To panels which issued prior to that date but a party promptly objected to the timeliness of the panel at the time the panel issued.
The Board's application of its holding prospectively makes a great deal of sense both from a pragmatic and a legal perspective. > Read more. |
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| blogs at the lexisnexis workers' comp law community | |
Workers' Comp Fraud Blotter - His Goose Is Cooked: Hungarian Chef Guilty of Failing To Disclose Earlier Fall, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 Worker's Pre-existing Diabetes Not to Blame for Post-Injury Amputation - Cal. Comp. Cases December Advanced Postings (11/23/2011). Here's the first batch of advanced postings for the December 2011 issue. Lexis.com subscribers can link to the complete headnotes and summaries. Read it. |
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enewsletter archives | |
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 7, 2011: Mediation.
February 28, 2011: Arbitrations.
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.
CLICK HERE TO ACCESS 2010 ARCHIVES. |
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