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Find Solutions & Strategies December 12, 2011 |
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2011: The Year in Review
Top 10 Workers' Comp Events, Top 10 Noteworthy Panel Decisions on Liens & more |
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A Note From the Editor |

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Dear WC Professionals:
If you haven't subscribed yet to our free eNewsletter, send me your full name and email address and I'll add you to the list. Thank you for your support!
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
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Herlick Handbook, 2012 Ed. |

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New 31st Edition
Available Late Dec. 2011
Educating the WC Community Since 1964
New Editors-in-Chief:
Richard Jacobsmeyer, Esq. Julius Young, Esq.
Barry Bloom
Pre-Order Today |
Happy Holidays |

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top 10 workers comp events |
The Top 10 Workers' Compensation Events in California, by Robert G. Rassp, Esq. The year 2011 has been noteworthy for many events in our workers' compensation system and as much for events that did not occur. So this year, we will add a bonus - the Top Five Events In 2011 That Did Not Occur But Should Have in our workers' compensation system in California. But first, we will share our totally arbitrary, un-scientifically based, non-parametric, not evidence based, and completely anecdotal analysis of the top ten workers' compensation events in California in 2011. That last sentence perfectly describes the AMA Guides, doesn't it? But we digressed, so here goes:
- The Final Decision in Wanda Ogilvie vs. City and County of San Francisco, or "Ogilvie III"
- New Faces at the DIR, DWC and Governor's Offices.
- Valdez vs. Warehouse Demo Services, MPN Anyone?
- Messele vs. Pitco
- Baker vs. Workers' Compensation Appeals Board and the "Supremes".
- Lien on Me
- WCAB Office Vacancies
- State Compensation Insurance Fund Lays Off 25% of Its Staff
- VR Expert Witnesses Are Back!
- What Do We Call The Place Where WCJs Work?
> Read the details. |
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10 noteworthy panel decisions on liens |
Here are our picks for this year's top 10 noteworthy panel decisions involving liens. Thank you to the staff of the California WCAB Noteworthy Panel Decisions Reporter for all your hard work and dedication. Lexis.com subscribers can link to the cases to read the decisions.
1. Maria Cortez v. El Taco De Mexico, 2011 Cal. Wrk. Comp. P.D. LEXIS 13
Liens--Repackaged Pharmaceuticals--WCAB affirmed WCJ's finding that reasonable charge for repackaged medications provided by lien claimant to applicant/cook with injuries to abdomen and in form of hernia on 4/15/2003 and during period 7/2000 through 7/19/2003 was 58 percent of charges billed, when medication was provided to applicant between 8/13/2003 and 4/25/2006, 2003 Official Medical Fee Schedule did not apply to medications provided, and WCAB calculated reasonable rate of reimbursement as 58 percent based upon lien claimant's assertion that it was entitled to full reimbursement of charges, averaged with an adverse inference of zero cost based upon provider's "usual charge" and defendant's history of payment at 66 percent.
> Read the complete list with headnotes. |
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top 10 workers comp fraud news |
Workers' compensation fraudsters come in all shapes and sizes. Here are 10 news stories from 2011 that caught our eye:
1. Grandpa Used Granddaughter to Sell His Workers' Compensation Drugs
2. Claimant Caught On Video Roofing Before Attending His Workers' Comp Hearing
3. Police Officer Who Shot Himself to Be Fired After Guilty Verdict
4. "Ax Men" Reality Star Pleads Not Guilty to Theft of Disability and Pension Benefits
> Read the complete list with details. |
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blogs at the lexisnexis workers' comp law community |

Workers' Comp Fraud Blotter - Business Owner Not So Clean After Arrest For Insurance Fraud, by LexisNexis Workers' Compensation Law Community Staff. Read it.
Apportionment and Fibromyalgia: California Workers' Comp Case Roundup (12/8/2011). The Cal. Comp. Cases cites are now available for the November 2011 issue of California Compensation Cases. Read it.
Missing Exhibits Tie Up Case: Cal. Comp. Cases December Advanced Postings (12/8/2011). Here's the second batch of advanced postings for the December 2011 issue of Cal. Comp. Cases. Read it.
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wcab commissioner news |
> Joseph Miller is currently serving as Commissioner for 60 days and is seeking reappointment. |
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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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