California Banner 2012 Chess Board
Vol. 3, Issue 7

Find Solutions & Strategies                          February 13, 2012

Workplace ViolenceWorkplace Homicide
Fatal shooting at dental office was not sufficiently connected to employment
In This Issue
* TRIBUTE: Susan V. Hamilton
* WCJ NEWS: Rosenfeld, Munoz
* NEWS HEADLINES: Controversial back surgery hospitals

A Note From the Editor

Robin Kobayashi 2010

Dear WC Professionals:  
Note: Our next issue will go out Feb. 21.


Attention DWC Conference attendees in Los Angeles: Next week visit the LexisNexis Booth for 20 percent off on some of our best selling books and ebooks. And enter our free raffle for an Amazon® Kindle™ Fire if you register on site at the LexisNexis Workers' Comp Law Community. Registration is free.



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

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workplace homicide

Tom Robinson thumbnailFatal Shooting at Dental Office Was Not Sufficiently Connected to Employment, by Thomas A. Robinson. With the stalled economy, high unemployment (and even higher levels of underemployment), record budget deficits at both the federal and state levels, under-water mortgages, the Greek debt crisis, and the cost of gasoline at the pumps, those in charge of our public policy search diligently for hints of good news. One bright spot appears to be a significant reduction in recent years in the rate of violent crime. Indeed, over the past 20 years, the country's murder rate has fallen by almost one-half-from 9.8 to 5.5 per 100,000 population. That still means some 17,000 persons were murdered within our borders last year, but hey, a reduction's a reduction. One would hope this reduction in violent crime would be echoed within the workplace and, indeed, it has been. According to the Bureau of Labor Statistics (BLS), there were 1,080 homicides at work in 1994. By 2009, the number had fallen to 542. One of those 542, unfortunately, was Mariela Paredes, a dental office employee in Simi Valley, California. > Read more

a tribute to susan v.  hamilton

Susan V. Hamilton, a Deputy Commissioner of the California Workers' Compensation Appeals Board (WCAB), Susan Hamiltonretired at the end of 2011. Deputy Commissioner Hamilton had a long, productive and influential career in public service in many roles with the California Department of Industrial Relations, the state agency charged with protecting the rights of California workers. > Read more


Medical Treatment; Utilization Review. WCAB affirmed WCJ's finding that applicant with 5/19/2003 industrial injuries to his left upper extremity, left foot, psyche, and in forms of erectile dysfunction and sleep disorder was entitled to medication Trazamine as prescribed by his treating physician, when WCAB found that (1) defendant's 3/25/2009 UR denial was legally invalid, because UR doctor initially found that requested treatment with Trazamine was reasonable and necessary and changed his opinion only after he was asked to review additional information, which is not allowed under LC 4610, (2) since defendant's UR denial was invalid, applicant was not required to timely object to UR pursuant to procedure in LC 4062(a), and (3) all of defendant's UR denials issued subsequent to 3/25/2009 were also invalid because they were predicated on legally invalid denial of 3/25/2009. See Ortega panel decision.


1652 banner subscribers: Get the cutting edge on case law. Subscribe today to the California WCAB Noteworthy Panel Decisions Reporter and receive notification of 40-65 decisions per month

commissioner NEWS

> Joseph M. Miller's last day as a Commissioner was February 3, 2012. He was not reappointed by Governor Brown.

> Carol S. Berman has been named Deputy Commissioner and Assistant Secretary.


> Hon. Sandra H. Rosenfeld is now a judge with the Los Angeles District Office.

> Hon. Nina Munoz is now a judge with the Los Angeles District Office.

blogs at the lexisnexis workers' comp law community 


Fraud Sign

Workers' Comp Fraud Blotter -  Former Pro Golfer May Putt in Prison for Operating Fake Insurance Company, by LexisNexis Workers' Compensation Law Community Staff. Read it.




Cal Comp CasesLien Claimant's PQME Reports Admitted Into Evidence: Cal. Comp. Cases February Advanced Postings. Here's the second batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. subscribers can access the complete summary. Read it.


CA: Wall Street Journal Reports "Marketing of Back Surgery" in Small Hospitals.

CA: DWC to Host Electronic Filing Expo in San Bernardino on Feb. 28.

CA: DWC Changing Some e-Filing Rules to Allow More Flexibility.

GAO: Small Fraction of Federal WC Recipients Collects Most of Program's Cash Payouts.

Liberty Exec on Manufacturing Coverage Trends: Workers Comp, Product Recall, Supply.

Willis Exec Provides New Strategies for Cutting Workers Comp Costs at Manufacturers.

Workers, 9/11 Responders Mourn Passing of Dr. Stephen Levin.

PPACA: Proposed Rules for Physician Payment Sunshine Act Open for Public Comment.

Accident Fund Launches Narcotics Program to Project Injured Workers With Chronic Pain.

Hartford 4Q Earnings Fall 79%: Investment Losses, Rising Workers Comp Claim Costs.

Hartford's Largest Stakeholder Tells CEO to Take Drastic Measures to Reverse Stock Slide.

Coventry Health Care Reports 4Q 2011 Earnings.

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

February 6, 2012: So You Think You Know Who Has the Burden of Proof on Apportionment?
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