California Banner 2012 Chess Board
Vol. 3, Issue 10

Find Solutions & Strategies                              March 5, 2012

COLA StoneRise and Fall of the COLA
and how it affects the attorney's fee
In This Issue
* WCJ NEWS: Long Beach, San Diego, Santa Ana
* BLOG ROUND UP: Fraud, Leave of Absence Benefits, Migraine Headaches
* NEWS HEADLINES: Zurich lawsuit

A Note From the Editor

Robin Kobayashi 2010

Dear WC Professionals:  


There have been quite a few interesting panel decisions these past few months. To stay on the cutting edge of cases, subscribe to our panel decisions reporter today.  See right column.


Sign up for this free eNewsletter by sending me your full name and email address, along with your request for the Calif. edition.



Robin E. Kobayashi, J.D.
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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. subscribers can link to all other cases, statutes and rules cited in this article.


1652 banner subscribers: Get the cutting edge on case law. Subscribe today to the California WCAB Noteworthy Panel Decisions Reporter.

recent panel decision: wcmsa

California WCMSA Case: Did Clinical Need for Medical Treatment Occur Faster Than CMS Process for Approving Medicare Set-Aside? by California WCMSAsJennifer 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


Christine Hyatt

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:

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> 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.

blogs at the lexisnexis workers' comp law community 


Fraud Sign

Workers' Comp Fraud Blotter -  Injured Chef Keeps Cooking Corn For Two More Employers While Disabled, by LexisNexis Workers' Compensation Law Community Staff. Read it.    




Cal Comp CasesLeave 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. subscribers can access the complete headnotes and summaries. Read it



Richard JacobsmeyerLabor Code Section 3208.3(h) Applied to Migraine Headaches, by Richard M. Jacobsmeyer, Esq. Read it.




CA: SCIF Board of Directors Approves New Incentive Bonus Program for Employees.

CA: Dept. of Insurance Files Action Against Zurich for Alleged Illegal Agreements.

CA: Arbitrator Hands Victory to Kansas City Chiefs for Ex- Players' Claims Filed in Calif.

CA: WCIRB Launches Workers Comp Inquiry Website.

CA: DLSE Announces Creation of Criminal Investigation Unit.

CA: Possible Cover Up Reported of Former Prosecutor of WC Fraud Cases.

CA: Attorney Scores $8.9M Workers Comp Settlement in Brain Injury Case.

CA: Transsexual Woman Sentenced for Stabbing Attorney in Relation to WC Dispute.

IAIABC: Debtors' Plan in US Bankruptcy Action Has Serious Implications for Self-Insurance.

Chartis Stops Writing Excess Workers Comp Coverage.

College of Workers Comp Lawyers: 2011 Winners of Law Student Writing Competition.

Union Identifies GOP's Attacks on Federal Workers.

Employers Holdings Reports 4Q, Full Year 2011 Earnings, Declares 1Q 2012 Dividend.

AMERISAFE Announces 4Q, Full Year 2011 Results.

NICB Reports 19 Percent Rise in Questionable Claims Since 2009.

National Summit on Rx Drug Abuse to Discuss Workers Comp Issues.

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 27, 2012: The Passive Beneficiary: When Can Applicants' Attorneys Be Paid From a Lien Claimant's Recovery?
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