California Banner 2012 Chess Board
Vol. 3, Issue 3

Find Solutions & Strategies                           January 17, 2012

Termination NoticePost-Termination Claim
Can a psychiatric injury be filed post-termination when employee first becomes aware of injury?
In This Issue
* NEWS HEADLINES: RAND study on injury prevention

A Note From the Editor

Robin Kobayashi 2010

Dear WC Professionals: 


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Robin E. Kobayashi, J.D.
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post-termination claim

Pink SlipCan a Psychiatric Injury Be Filed "Post-Termination" Where the Employee First Becomes Aware of Her Injury After Her Termination? It may not be well known, but both Labor Code Section 3600(a)(10) and Labor Code Section 3208.3(e)(5) contain provisions that exempt their application to those claims where the date of injury is determined in accordance with Labor Code Section 5412....Recently, a panel of commissioners with the Workers' Compensation Appeals Board addressed the interaction between Labor Code Sections 5412 and 3208.3(e). In Chan v. Carl Karcher Enterprises, Inc., 2011 Cal. Wrk. Comp. P.D. LEXIS 469, the applicant sought reconsideration of the findings issued by a WCJ wherein the judge found that applicant did not sustain an industrial injury to her psyche and that her claim of injury was barred by Labor Code Section 3208.3(e). > Read more.


Note: subscribers can link to the cases and statutes cited in this article.

physicians within geographic area

Seattle Redwood CityMedical Treatment; Physicians Within Reasonable Geographic Area. WCAB, rescinding WCJ's finding, held that orthopedic surgeon in Seattle, WA was located within a reasonable geographic area under LC 4600 to act as a treating surgeon for applicant living in Redwood City, CA, when treating physician's report, which WCAB found constituted substantial evidence, indicated that Seattle surgeon was best choice within a reasonable geographic area to perform complex left shoulder revision and total left shoulder replacement, over 11 doctors listed by defendant, and when WCAB concluded that given the limited surgery-connected visits applicant would be required to make to surgeon, Seattle was within a reasonable geographic area within meaning of Rule 9780(h). See Thomas panel decision.


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

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blogs at the lexisnexis workers' comp law community 


Fraud Sign

Workers' Comp Fraud Blotter -  Former Texas Pain Management Physician and Psychiatrist Sentenced to Federal Prison, by LexisNexis Workers' Compensation Law Community Staff. Read it.    



Cal Comp CasesIdiopathic Seizures in a Post-SB 899 World: Cal. Comp. Cases January Advanced Postings. Here's the second batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. subscribers can access the complete headnotes. Read it.



CA: SCIF Layoff "Transition" Severance Package Accepted by 1,000 Workers.

CA: SCIF to Lay Off 256 Employees in Pleasanton Office.

CA: CHSWC Posts Construction Case Study Training Guide.

CA: RAND Drafts Report on California's Injury and Illness Prevention Program. 

CA: DWC Responds to Inquiries Regarding Discounted Payments for Pharmacy Benefits.

CA: DWC Says Standardized Medical Billing Form Rules Not Applicable to Medical-Legal Bills.

CA: DIR Posts Templates for Wage Theft Protection Act Employee Notices.

CA: Police Sergeant Arrested on Suspicion of Workers Comp Fraud.

CA: Sweeney, Rassp, Jordan to Speak on MSAs at CAAA Winter Convention Jan. 28.

WCRI Study Shows Hospital Outpatient Costs Higher in States Without Fee Schedules.

Liberty Mutual Identifies 10 Leading Causes of Disabling Workplace Injuries.

P&C Insurance in Early Stages of Hard Market; No Improvement Seen for Workers Comp Line.

Fifth Circuit Rules Exclusive Remedy of Defense Base Act Bars Injured Iraq Truck Driver's Suit.

IAIABC Welcomes New Executive Director Jennifer Wolf Horejsh.

ABA Seminar to Discuss Teaching of Workers Comp at Law Schools.

enewsletter archives

Take a deep dive into our past eNewsletters for 2012 and prior...warning - some links to articles may not any linking problems to

January 9, 2012: Winning the Race to the Medical Unit.
November 28, 2011: The Non-Examining Panel QME.
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