California Banner 2012 Chess Board
Vol. 3, Issue 13

Find Solutions & Strategies                              March 26, 2012

Termination GavelTemporary Disability
and the "For Cause" Termination
In This Issue
* BLOG ROUND UP: Fraud, CCCs, CWCI seminar, Check forging, LHWCA Roberts case
* WCJ NEWS: Seiden, Shorenstein, Hovakimian, Justice, Stajduhar
* NEWS HEADLINES: NFL/Falcons sue 9 ex-players

A Note From the Editor

Robin Kobayashi 2010

Dear WC Professionals:  


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Robin E. Kobayashi, J.D.
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Td and the "for cause" termination

Is the "no fault" system of workers' compensation, in an "at will" employment state, the appropriate venue for determining whether termination was "for cause"?


Temporary Disability and the "For Cause" Termination. There are many cases where the employee seeks temporary disability benefits for a period of time after their termination. Invariably, the employer argues that they would have offered applicant modified duty had he not been terminated, and the employee argues that modified work was not offered and he should receive temporary disability benefits. As the WCAB is addressing an increasing number of these cases, these cases seem to turn on whether or not the employer's termination was "for cause". Recently, a panel of commissioners with the WCAB confronted just such an issue. > Read more.

2012 rims annual conference

The 2012 RIMS Annual Conference & Exhibition April 15-18 in Philadelphia is the lollapalooza of the risk management industry, what with its high energy, dynamic speakers, 120+ sessions, 10,000 attendees from 50 different countries, 400 exhibitors, and numerous networking opportunities. Find out how workers' comp defense attorneys and other attorneys can benefit by attending this event where they can get to Moneyballknow their clients better and learn how to be more valuable to them. And don't miss the brilliant keynote speakers: Billy Beane, the Oakland A's General Manager and subject of the bestselling book, Moneyball: The Art of Winning an Unfair Game, and Walter Isaacson, author of the authorized biography, Steve Jobs, and President and CEO of the Aspen Institute. Listen to the 15-minute LexisNexis podcast of Scott Beckman, VP Claims, ISMIE Mutual Insurance Company and Chair of RIMS Conference Program Committee as he explains the takeaways for defense attorneys, or read excerpts of the podcast here.

recent panel decision: mpn

Medical Provider Networks; Reimbursement for Self-Procured Medical Treatment. WCAB, reversing WCJ in split opinion, held that WCJ erred in finding that applicant was entitled to obtain medical treatment outside defendant's validly formed MPN because there was a lack of doctors within MPN willing to provide treatment, when WCAB found that (1) basis for WCJ's determination that there were no available physicians in defendant's MPN to provide applicant with medical treatment was WCJ's own involvement in gathering evidence for parties, including making telephone calls to four orthopedic surgeons on defendant's MPN list in applicant's geographic area, which WCAB determined not only failed to establish unavailability of physicians within MPN, but also constituted inappropriate conduct by WCJ as it is improper for WCJ to personally engage in discovery and draw legal conclusions from the facts, and (2) there was no admissible evidence to justify WCJ's finding that there were no available doctors within defendant's MPN willing to treat applicant. See Ponce De Leon panel decision.


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

blogs: lexisnexis workers' comp law community & beyond


Fraud Sign

Workers' Comp Fraud Blotter -  Making Shell Companies For Fraud and Getting Caught, by LexisNexis Workers' Compensation Law Community Staff. Read it.   




Cal Comp CasesFebruary CCC Cites Now Available. subscribers can access the complete headnotes and cases. Read it.    




CWCICWCI Continues Case Law Series With 2012 Update. Read it.





Tom Robinson thumbnailEmployer Gets Lesson in Law of Negotiable Instruments--It Remains Liable When Claimant's Settlement Check Is Misdelivered or Forged, by Thomas A. Robinson. Analysis of Barrett Business Services, Inc. v. WCAB (Rivas).  Read it.




Roger LevyU.S. Supreme Court Issues Much Anticipated Decision in Roberts v. Sea-Land Services, Inc., by Roger A. Levy, Esq. Read it.


> Hon. Scott Seiden has transferred from Marina Del Rey to Goleta, effective March 21.

> Hon. Andrew Shorenstein is now a judge in San Diego, effective March 12.

> Hon. Simon Hovakimian is now a judge in Long Beach, effective March 5.

> Hon. Michael Justice is now a judge in Long Beach, effective March 19.

> Hon. Cassandra Stajduhar is now a judge in Long Beach, effective March 12.


CA: CHSWC Releases Report on Injury and Illness Prevention Program.

CA: CHSWC Releases Report on Occupational Safety and Health Inspection Practices.

CA: WCIRB Actuarial Committee Reviews Dec. 31, 2011 Experience.

CA: New WCIRB Committee Members Elected.

CA: Mullen & Filippi Headquarters Moves to Santa Rosa.

CA: State Personnel Board Posts More WCJ Jobs.

CA: NLF, Atlanta Falcons Sue 9 Ex-Players to Move WC Litigation to Georgia.

CA: AB 1687 Would Allow Applicant Attorney Fees Related to Utilization Review Disputes.

CA: AB 1454 Would Allow Audiologists to Become QMEs.

CA: AB 1145 Would Create Supplemental Job Displacement Benefit Voucher of $6,000.

CA: AB 2373 Would Change Factors for Determining Independent Contractor Status.

Eighth Circuit Allows Suit to Proceed Against Zurich for Obstruction of Workers' Compensation.

Cost Containment Leads Employers' Workers' Comp Concerns for 2012.

OSHA Provides Guidance on Employer Practices Discouraging Employee Reports of Injuries.

Ken Martino, Broadspire CEO Resigns; Danielle Lisenbey Named CEO.

Hartwig Says P/C Market Turn Not Happening Anytime Soon.

Deep Vein Thrombosis, Pulmonary Embolism Are Common After Ankle Fracture Surgery.

Structured Exercise Regimen Can Reduce Need for Therapy After Meniscus Surgery.

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

March 19, 2012: The Sticky Wicket That Is Home Health Care.
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