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Find Solutions & Strategies December 19, 2011 |
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 Discovery Orders: Pleading the Fifth
WCAB panel weighs applicant's Fifth Amendment rights against defendant's right to defend itself |
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A Note From the Editor | |
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Dear WC Professionals:
We're taking a week off next week for the holidays. Our free eNewsletter will return January 2. If you haven't subscribed yet to our free eNewsletter, send me your full name and email address & I'll add you to the list. See you next year!
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
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Buh-Bye 2011! | |
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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 |
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pleading the fifth | |
 Petitions for Removal; Discovery Orders; Fifth Amendment Rights. WCAB, denying applicant's petition for removal, affirmed WCJ's order that applicant seeking benefits for 8/16/2007 admitted industrial right knee injury, disclose business and bank records despite applicant's claim that disclosure of records would violate his Fifth Amendment right against self-incrimination on basis that he may have received temporary disability indemnity while earning income from his own company, when WCAB found that applicant could not receive temporary disability benefits by claiming privilege and deny defendant its equally compelling constitutional right to defend itself by rebutting applicant's claims. Read Clements panel decision.
Reminder: Check the subsequent history of a panel decision before citing to it. On 12/6/11, the applicant in Clements filed a DOR for an expedited hearing on the issue of medical treatment.
Lexis.com subscribers: Purchase the California WCAB Noteworthy Panel Decisions Reporter today. |
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mileage rate |
 No Change in California Workers' Comp Medical Mileage Rate For 2012 Travel, by CWCI. The mileage rate that workers' comp claims administrators pay injured workers for travel related to medical treatment or evaluation of their injuries will remain at 55.5¢ per mile for travel on or after January 1, 2012, regardless of the date of injury. > Read more.
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elephant in the room |
 Dr. Richard Victor on the Workers' Compensation System's Elephant in the Room. In this LexisNexis podcast, Dr. Victor talks about the unprecedented disruption of the U.S. labor market and where workers' compensation systems may be headed. "As of this summer, we are down 6 million jobs. And since the beginning of The Great Recession, we needed to create another 7 million jobs in order to absorb new entrance into the labor market. So we are down 13 million jobs....More and more workers will be unable to go back to their preinjury employment, and they will have more limited opportunities than in the past to find new employment," Victor states.
> Listen to the Podcast > Read the Transcript |
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kids' chance of california |
 Educating Children of Injured Workers in California. A founders' meeting for Kids' Chance of California was held on 12/07/2011. Officers were elected as follows:
President - Maria Henderson
Vice President - Lisa Simone
Treasurer - Christopher Thomas
Secretary - Kevin Confetti
The founders are now in the process of preparing By-laws, etc. and obtaining charitable status with the IRS. They will be needing volunteers and donors and then applicants (soon, hopefully, but probably not until the 2013-2014 school year). They do already have some funds, so it is possible that a scholarship could be given for the 2012 year. For more information and to make a donation, see www.kidschance.org. |
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| blogs at the lexisnexis workers' comp law community | |
Workers' Comp Fraud Blotter - Roller Coaster Mom Goes From Disneyland to Fraud Conviction, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 Intoxication Defense Fails Despite "Presumptive Positive" Blood Test; Cal. Comp. Cases December Advanced Postings (12/15/2011). Here's the third batch of advanced postings for the December 2011 issue of Cal. Comp. Cases. Read it.
 Up in Smoke: How Employers Are Using Disclosures in Medical Marijuana Cards to Defeat Claims for Workers' Compensation, by Robin E. Kobayashi. Read it.
 CMS Announces New Self-Calculated Final Conditional Payment Amount Option for Certain Liability Claims, by Mark Popolizio, Esq. Read it.
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| judges in the news |
> Hon. James Hopkins, of the San Diego District Office, retired on 12/18/11.
> Hon. Ellen Farmer has transferred from the San Jose District Office to the Sacramento District Office.
> Hon. Jorja Frank, Presiding Judge of the Los Angeles District Office, is leaving the WCAB at the end of December 2011.
> Hon. Eileen Hanson O'Kane will be the Acting Presiding Judge of the Los Angeles District office, effective January 1, 2012. |
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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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