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Find Solutions & Strategies March 5, 2012 |
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Rise and Fall of the COLA
and how it affects the attorney's fee |
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A Note From the Editor |

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Dear WC Professionals:
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cost of living adjustment |
Rise and Fall of the COLA (and How It Affects the Attorney's Fee). Calculation of attorneys' fees has always been a hot-button issue for the WCAB. When the calculation involves a lifetime award of permanent total disability (PTD) benefits, the issue ratchets up a notch. Lately, several conflicting panel decisions have issued discussing how an attorney's fee should be calculated under these circumstances. > Read more
Note: The 2012 panel decisions cited in this article can be accessed for free. Lexis.com subscribers can link to all other cases, statutes and rules cited in this article.

Lexis.com subscribers: Get the cutting edge on case law. Subscribe today to the California WCAB Noteworthy Panel Decisions Reporter. |
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recent panel decision: wcmsa |
California WCMSA Case: Did Clinical Need for Medical Treatment Occur Faster Than CMS Process for Approving Medicare Set-Aside? by Jennifer C. Jordan, Esq. In California, there is a unique trend compared to the rest of the nation in that the Medicare Set-Aside process is primarily defense driven with less than full disclosure to the Applicants. While not applicable to all employers/insurers, it is problem enough that the Applicant's Bar has been seeking notice requirements through the state legislature to try to become more involved in the process. Enter Christian v. TJ Maxx. > Read more |
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ATTN: DWC CONFERENCE ATTENDEES |
DWC Conference Attendees in Los Angeles & Oakland: Take Advantage of Special Deals Through March 15, 2012, by Christine Hyatt, LexisNexis. It was a pleasure to meet everyone at the recent DWC conference in Los Angeles! All Los Angeles and Oakland attendees can take advantage of special conference discounts through March 15, 2012. Whether you want print or ebook, we've got your research solutions:
*Herlick, Calif. Workers' Comp. Handbook (2012 Ed.)
*Workers' Comp. Laws of Calif. (2012 Ed.)
*Calif. WCAB Noteworthy Panel Decisions Reporter
*Lawyer's Guide to AMA Guides & Calif. WC (2012 Ed.)
*Complete Guide to MSP Compliance (2011 Ed.)
To take advantage of this offer, contact me asap:
Toll free: 1-800-424-4200 Ext. 3149
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WCJ NEWS |
> Judge Theodore Cornforth will leave Long Beach and transfer to Santa Ana effective 3/2/2012.
> Judge Simon Hovakimian will start in Long Beach effective 3/5/2012.
> Judge Cassandra Stajduhar will start in Long Beach effective 3/12/2012
> Judge Michael Justice will start in Long Beach effective 3/19/2012.
> Judge Andrew Shorenstein will start in San Diego effective 3/12/2012. |
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blogs at the lexisnexis workers' comp law community |

Workers' Comp Fraud Blotter - Injured Chef Keeps Cooking Corn For Two More Employers While Disabled, by LexisNexis Workers' Compensation Law Community Staff. Read it.
Leave of Absence Benefits Did Not Constitute Temporary Disability Indemnity for Purposes of Temporary Disability Cap: Cal. Comp. Cases March Advanced Postings. Here's the first batch of advanced postings for the March 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can access the complete headnotes and summaries. Read it.
Labor Code Section 3208.3(h) Applied to Migraine Headaches, by Richard M. Jacobsmeyer, Esq. Read it.
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