California Banner 2012 Chess Board
Vol. 3, Issue 2

Find Solutions & Strategies                           January 9, 2012

Lawyer clockWinning the Race to the Medical Unit
 
Workers' comp practitioners enjoy a rule that's unique to the world of EAMS litigation 
In This Issue
* RACE TO MEDICAL UNIT
* RECENT PANEL DECISION: Sanctions
* BLOG ROUND UP: Fraud, CCC's, Cost Containment
* NEWS HEADLINES: SCIF layoffs for Sonoma County
* eNEWSLETTER ARCHIVES

A Note From the Editor

Robin Kobayashi 2010

Dear WC Professionals: 

 

In this issue we've got another illuminating article by Judge Colleen Casey. Find out how not to get tripped up by Rule 10507 and the new ruling in Messele

 

Sanctions alert: This week's noteworthy panel decision serves as a reminder that the WCAB will not tolerate what it considers irrelevant and/or meritless contentions that cause unnecessary delay.

 

Sincerely,

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

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the race to the medical unit

Colleen CaseyWinning the Race to the Medical Unit, by Judge Colleen Casey. Workers' compensation practitioners enjoy a rule that is unique to the world of EAMS litigation. 8 CCR 10507 provides in part as follows: "(a) If a document is served by mail, fax, e-mail, or any method other than personal service, the period of time for exercising or performing any right or duty to act or respond shall be extended by: (1) five calendar days from the date of service, if the physical address of the party, lien claimant, attorney, or other agent of record being served is within California; (Emphasis added.)"  Read more.

recent panel decision: sanctions

Sanctions--WCAB denied defendant's petition for reconsideration challenging WCJ's award of permanent total disability to applicant who suffered injuries to her spine, upper extremities and psyche on 5/25/98, 7/16/2001 and from 1982 through 10/2001, and granted removal on its own motion to issue notice of its intention to award costs and attorney's fees against defendant and its counsel, jointly and severally, and impose sanctions in amount of $1,000 pursuant to LC 5813 and 8 CCR 10561, when WCAB found that defendant engaged in bad faith actions and tactics that were frivolous or solely intended to cause unnecessary delay and violated B&P 6068 by raising issues for first time and setting forth irrelevant and/or meritless contentions in its petition for reconsideration, including contention that AME's opinion did not constitute substantial evidence because he failed to apply AMA Guides in determining applicant's permanent disability as set forth in Milpitas Unified School Dist. v. W.C.A.B. (Almaraz/Guzman III), notwithstanding parties' prior stipulation that 1997 Schedule for Rating Permanent Disabilities applied to rate applicant's permanent disability, making Almaraz/Guzman III inapplicable in this case. Read the Laboy panel decision.

 

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

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Lexis.com subscribers: Purchase the California WCAB Noteworthy Panel Decisions Reporter today to get the cutting edge of case law.

blogs at the lexisnexis workers' comp law community 

 

Fraud Sign

Workers' Comp Fraud Blotter -  State Senator's Trucking Company Not Trucking So Much After Court Shuts It Down, by LexisNexis Workers' Compensation Law Community Staff. Read it.

    

   

 

Cal Comp CasesCal. Comp. Cases January Advanced Postings. Here's the first batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can access the complete headnotes. Read it.

 

  

 

Cal Comp CasesCalifornia Workers' Comp Case Roundup - December CCC Cites Now Available, Including Messele III en banc. Lexis.com subscribers can access the cases and headnotes. Read it.

 

 

 

Karen YotisCost Containment From Soup to Nuts: Rebecca Shafer's Workers Compensation Management Program: Reduce Costs 20% to 50%, 2012 Edition, by Karen C. Yotis, Esq. Read the book review.

NEWS HEADLINES

enewsletter archives

Take a deep dive into our past eNewsletters for 2012 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

January 2, 2012: How California Handles the WCMSA Process.
November 28, 2011: The Non-Examining Panel QME.
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