Calif Edition Banner March 2010
Vol 2, Issue 51

Find Solutions & Strategies                        December 19, 2011

Bill of RightsDiscovery Orders: Pleading the Fifth
WCAB panel weighs applicant's Fifth Amendment rights against defendant's right to defend itself
In This Issue
* BLOG ROUND UP: Fraud, CCC's, Medical Marijuana, CMS & Liability Claims
* JUDGE NEWS: Hopkins, Farmer, Frank, Hanson O'Kane

A Note From the Editor

Robin Kobayashi 2010

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!



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

Buh-Bye 2011!

2011 2012 Beach


Herlick Handbook, 2012 Ed.

 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

pleading the fifth

1652 SealPetitions 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. subscribers: Purchase the California WCAB Noteworthy Panel Decisions Reporter today.

mileage rate

CWCINo 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.

elephant in the room

Elephant Peanuts 2Dr. 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

kids' chance of california

UCLAEducating 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

blogs at the lexisnexis workers' comp law community 


Fraud Sign

Workers' Comp Fraud Blotter -  Roller Coaster Mom Goes From Disneyland to Fraud Conviction, by LexisNexis Workers' Compensation Law Community Staff.  Read it.




Cal Comp CasesIntoxication 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.



Medical Marijuana SignUp in Smoke: How Employers Are Using Disclosures in Medical Marijuana Cards to Defeat Claims for Workers' Compensation, by Robin E. Kobayashi. Read it.




Mark Popolizio 2012CMS Announces New Self-Calculated Final Conditional Payment Amount Option for Certain Liability Claims, by Mark Popolizio, Esq. Read it.


Workers' Comp Executive:

FLASH: State Fund Fixes Dividend Policy.

FLASH: WCIRB Names Bill Mudge President.

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


Other News:

CA: Insurance Commissioner Commends SCIF Decision to Return Dividend.

CA: WCIRB Governing Committee Appoints Industry Veteran Bill Mudge President.

CA: WCIRB Says Average Cost of Workers Comp Claim Is $65,000.

CA: WCIRB Says Insurers Paying Out $1.16 for Every Workers Comp Premium Dollar Collected.

CA: DWC Posts 2012 Annual Report of Inventory Advice, Form for Claims Reported CY 2011.

CA: DWC Issues Delay in Updated Prices of Pharmaceutical Fee Schedule Data File.

CA: DWC Announces 2012 Profile Audit Review, Full Compliance Audit Performance Standards.

CA: DWC Posts No Change in Mileage Rate for Medical, Medical-Legal Travel Expenses 2012.

CA: Office of Self-Insurance Plans to Improve Audit Procedures in 2012.

CA: Coalition of Business, Labor Convene to Fight Against Underground Economy.

CA: $51M Judgment Entered Against Select Staffing for Underpayment of WC Premiums.

CA: Class Action Suit Claims Apple Misclassified Employees.

CA: Cal Chamber Publishes List of 2012 Laws That Impact Employers.

National Transportation Safety Board Votes to Ban All Driver Cell Phone Use.

CMS Seeks to Consolidate Coordination of Benefits, MSP Recovery Programs.

ACOEM Supports FDA's Opioid Education for Prescribers.

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.

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

December 12, 2011: Top 10 Workers' Comp Events for 2011; Top 10 Lien Panel Decisions.
November 28, 2011: The Non-Examining Panel QME.
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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