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Find Solutions & Strategies April 9, 2012 |
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Follow the Rules When Petitioning for Reconsideration
The rules prohibit skeletal and unsupported petitions |
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A Note From the Editor |

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Dear WC Professionals:
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Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
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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 judge (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. |
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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. |
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blogs: lexisnexis workers' comp law community & beyond |

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.
Permanent 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.
Aggressive 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.
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WCJ NEWS |
> Gene Lam has been appointed Presiding Judge in Oakland, effective 4-16-2012. |
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