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Vol. 3, Issue 17

Find Solutions & Strategies                               April 23, 2012

Vocational ExpertVocational Rehabilitation Experts
 
How to best present VR evidence to the trier of fact
In This Issue
* VR EXPERTS
* AMA GUIDES: GRIP LOSS
* WORKERS' MEMORIAL DAY
* WCJ NEWS: Coulter, Leviton, Hernandez, Romano, Goodman
* BLOG ROUND UP: Fraud, CCCs, SMART Act
* NEWS HEADLINES: WC premiums rose to $10.8B
* eNEWSLETTER ARCHIVES

A Note From the Editor

Robin Kobayashi 2010

Dear WC Professionals:  

 

"You don't go to work to die", said John Cordeiro, whose son was crushed by a forklift in 2010. "You go to work to make a living." Let's remember all the fallen on April 28 and always. 

 

Sincerely,

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

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vr experts

Colleen CaseyVocational Rehabilitation Experts, by Judge Colleen S. Casey. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts. Parties continually struggle with how to best present VR evidence. Should they request a written report? Should they take the expert's deposition? Or should they rely solely on the expert's live testimony on the day of trial? > Read more.

ama guides: grip loss

Permanent Disability; Rating. WCAB, rescinding WCJ's finding that applicant incurred 20% permanent disability as a result of industrial injury to his right small finger, held that WCJ's permanent disability rating was impermissibly based upon grip loss because (1) QME's opinion did not support departure from strict application of AMA Guides by including grip loss measurements as a factor of disability in light of limitation in section 16.8a of AMA Guides stating that grip loss can be used as a factor of disability only in "rare cases," (2) although physician had "latitude" to assign WPI based upon grip loss, he did not do so, and instead used loss of range of motion to determine applicant's WPI, and (3) WCJ did not have authority, in absence of medical opinion, to determine that applicant's impairment should be based upon grip loss solely on basis of applicant's pain symptoms and QME's statement that applicant gave an honest effort in grip testing. See Malhotra panel decision 

 

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

workers' memorial day april 28

 Workers Memorial Day Elephant

wcj NEWS

> Hon. Janet Coulter has transferred from the Anaheim Office to the Long Beach office.

> Hon. Robin Leviton is now a judge at the Marina Del Rey Office.

> Hon. John Hernandez is now a judge at the Los Angeles Office.

> Hon. Mark Romano is now a judge at the San Diego Office.

> Howard Goodman is no longer a judge at the Marina Del Rey Office.

blogs: lexisnexis workers' comp law community 

 

Fraud Sign

Workers' Comp Fraud Blotter - Former Missouri Governor Pleads Guilty to Laundering Campaign Contributions, by LexisNexis Workers' Compensation Law Community Staff. Read it.     

 

 

 

Cal Comp CasesJudge Properly Excluded Testimony of Undisclosed Witnesses at Trial - April CCC Advanced Postings (4/18/2012). Lexis.com subscribers can access the fourth batch of advanced postings. Read it.      

 

 

 

Jen Jordan March 2010 thumbnailMedicare Secondary Payer: Will the SMART Act Pass This Year? by Jennifer C. Jordan, Esq. Congressman Tim Murphy provides insights on Medicare Secondary Payer reform. Read it.

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 [email protected].

April 16, 2012: Right to Discovery v. Privacy and Privilege.
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