California Banner 2012 Chess Board
Vol. 3, Issue 12

Find Solutions & Strategies                              March 19, 2012

Home Health CareThe Sticky Wicket That Is Home Health Care
 
The issues that arise when the injured worker's spouse provides home health care
In This Issue
* HOME HEALTH CARE
* PUBLIC SELF-INSUREDS
* CUMULATIVE INJURY
* BLOG ROUND UP: Fraud, CCCs, MSAs
* WCJ NEWS: Cornforth
* NEWS HEADLINES: WCIRB annual report
* eNEWSLETTER ARCHIVES

A Note From the Editor

Robin Kobayashi 2010

Dear WC Professionals:  

 

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Sincerely,

Robin E. Kobayashi, J.D.
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home health care

The Sticky Wicket That Is Home Health Care. An injured employee's entitlement to home health care is oftentimes a hotly contested issue in the workers' compensation arena. Home health care issues can vary in nature. Issues in these cases may involve the level of skill involved; the number of hours in a 24-hour period assistance is needed, not to mention the appropriate hourly rate at which the services should be paid. As an example of the potential dollars involved in these cases, if a spouse is providing services for 24 hours per day, at an LVN skill level, assuming an hourly rate of $25 per hour, and assuming a life expectancy of 35 years, the future value of these services amounts to over $7.6 million. After doing the math, it is easy to see why a great deal of litigation surrounds these particular issues! Recently, a panel of commissioners addressed home health care. > Read more.

public self-insureds

CWCICWCI Report Documents Increasing Workers' Comp Losses For California Public Self-Insureds. A new California Workers' Compensation Institute analysis of more than 10 years' worth of data compiled by the California Office of Self-Insurance Plans (OSIP) shows that for the fifth year in a row, increases in the average loss per claim, led by escalating medical losses, pushed up total workers' compensation costs for cities, counties and other public agencies in the state last year. > Read more.

recent panel decision: cumulative injury

Cumulative Injury; Statute of Limitations. WCAB, affirming WCJ, held that applicant/police officer's 2005 claim for industrial injury in form of hypertension, hypertensive heart disease and left ventricular hypertrophy during period 1988 to 9/29/2009, with 3/16/2006 date of injury pursuant to LC 5412, was not barred by LC 5405 statute of limitations, notwithstanding that applicant did not act within one year to adjudicate his 2003 claim of industrial injury in form of high blood after it was denied by defendant, because injury to applicant's heart found by WCJ was different than high blood pressure alleged on 2003 claim form and, because LC 3212.5 presumption of industrial causation applied, applicant's heart trouble could not be attributed to any disease that existed before it developed or manifested itself. See the Tanksley panel decision.

 

Reminder: Be sure to check the subsequent history of a case before citing to it.

blogs at the lexisnexis workers' comp law community 

 

Fraud Sign

Workers' Comp Fraud Blotter -  Mechanic Covered With Grease Claimed He Was Unemployed and Unable to Work, by LexisNexis Workers' Compensation Law Community Staff. Read it.   

   

 

 

Cal Comp CasesNeutral Risk Doctrine Applied to Render Claim Compensable - Cal. Comp. Cases March Advanced Postings. Lexis.com subscribers can access the complete headnotes and cases. Read it.    

 

 

 

Jen Jordan March 2010 thumbnailRecent Medicare Set-Aside Changes, by Jennifer C. Jordan, Esq. A recap of the latest changes to LMSAs, WCMSAs and more. Read it.

 

WCJ NEWS

> Hon. Theodore Cornforth transferred from the Long Beach Office to the Santa Ana Office, effective March 2, 2012.

NEWS HEADLINES

CA: WCIRB Posts Annual Report.

CA: WCIRB Report Says WC Costs Rose Slightly in 2011.

CA: Senate Committee to Hold SB 899 Impact on Permanent Disability Hearing March 28.

CA: DIR Announces Additional Sessions for Workers Comp Forums.

CA: CHSWC Posts New Location, Mailing Address.

CA: Poms & Associates Names Flannery VP of P/C Group.

CA: CWCDAA Launches Facebook Page.

CA: State Personnel Board Posts Position for WCJ at Los Angeles District Office.

Impairment Resources LLC Files for Chapter 7 Bankruptcy Protection.

US DOL Launches Ecomp for Federal Workers Compensation Claims.

ISO to Provide Automated WC Injury Reporting to Argo Group.

NCCI: Rate Table Data Gets New Header Record.

WCRI to Participate in National Rx Drug Abuse Summit.

NIOSH Examines Work Schedules, Work-Related Sleep Loss.

NIOSH Examines Risk of Long Work Hours and Shift Work.

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.

March 12, 2012: The Important Distinctions Between Reconsideration and Removal.
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