California Banner 2012 Chess Board
Vol. 3, Issue 15

Find Solutions & Strategies                               April 9, 2012

Skeletal PartialFollow the Rules When Petitioning for Reconsideration
 
The rules prohibit skeletal and unsupported petitions
In This Issue
* PETITIONS FOR RECONSIDERATION
* TIMELY OBJECTING TO PQME REPORT
* BLOG ROUND UP: Fraud, CCCs, Surveillance
* WCJ NEWS: Gene Lam
* NEWS HEADLINES: WCIRB to seek workers' comp rate increase
* eNEWSLETTER ARCHIVES

A Note From the Editor

Robin Kobayashi 2010

Dear WC Professionals:  

 

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

 

Sincerely,

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

It is surprising how often the parties will fail to substantiate their positions at trial, but will nevertheless pursue that position all the way through the appellate process.

 

A petition for reconsideration is an extremely valuable tool for ensuring that a workers' compensation administrative law Skeletal Fulljudge (WCJ) has made the correct determination during the course of a workers' compensation proceeding. However, if a party wants to have an error made by the WCJ reconsidered, that party should strictly comply with the statutory requirements when filing a petition for reconsideration. The rules set forth the necessary contents of a petition for reconsideration and address skeletal petitions. Recently, a panel of commissioners with the WCAB addressed these statutory requirements. > Read the complete article.

recent panel decision: PQME

Panel Qualified Medical Evaluators; Failure to Timely Object to Reports. WCAB held that applicant incurred temporary disability from 5/16/2011 "to the present and continuing," and that, in finding temporary disability, WCJ did not err in admitting into evidence and relying upon opinion of psychiatric PQME even though PQME's report was not properly obtained pursuant to LC 4062, when defendant fully participated in selection of PQME, requested PQME to address numerous issues in her report, and allowed applicant to be examined by PQME, but waited until after it received PQME's report to object to it, and WCAB found that, because defendant could not fairly object to a PQME report after process has already been completed, defendant waived any objection to admissibility of report under doctrine of invited error. See Granados 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 -  Drum Manufacturer Shuttered By Court For Failing To Carry Worker's Compensation Insurance, by LexisNexis Workers' Compensation Law Community Staff. Read it.   

   

 

 

Cal Comp CasesPermanent Total Disability Found "In Accordance With the Fact": April CCC Advanced Postings (4/5/2012). Lexis.com subscribers can access the second batch of advanced postings. Read it.     

 

 

 

Fraud InvestigatorAggressive Surveillance of Injured Worker's Family: Federal Court Says Spouse's Tort Action Not Barred by Exclusive Remedy Rule, by Larson's Spotlight. When does surveillance go too far? Read it.

WCJ NEWS

> Gene Lam has been appointed Presiding Judge in Oakland, effective 4-16-2012.

NEWS HEADLINES

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.

April 2, 2012: Six Months Employment Rule.
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