|
|
|
|
|
|
Find Solutions & Strategies May 29, 2012 |
|
 How to Prove a LeBoeuf Rebuttal
New clues on applying an Ogilvie III analysis in a DFEC rebuttal case |
|
|
A Note From the Editor | |
| |
Dear WC Professionals:
To sign up for this free eNewsletter, click here. Find out why your colleagues have come to rely on our weekly news and articles.
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
|
|
The Cutting Edge of Case Law | |
 |
Order Today!
Designed for lexis.com subscribers
50 to 65 summaries each month
Arranged by key topics
Links to panel decisions on lexis.com |
|
|
leboeuf rebuttal | |
How to Prove a LeBoeuf Rebuttal. In a recent panel decision of Dahl v. Contra Costa County issued on May 18, 2012, the WCAB commissioners shed some light on how to apply an Ogilvie III analysis in a DFEC rebuttal case. Set forth below is the historical perspective for this decision, which is key to understanding the WCAB's analysis. Over the past several years, the courts have attempted to provide the legal community with a variety of roadmaps for rating permanent disability (PD) using the 2005 Permanent Disability Rating Schedule (PDRS). Read more. |
 |
|
res judicata | |
 Here's a sneak preview of a recent noteworthy panel decision that will be added to the LexisNexis services soon:
Res Judicata; Distinct Injuries Caused by One Exposure. WCAB affirmed its prior decision in which it found that applicant police officer's claim for industrial injury in form of hypertensive heart disease during period 6/1/82 to 12/1/2002, was not barred by doctrine of res judicata, when WCAB found that, although applicant's two injuries (hypertension and hypertensive heart disease) were caused by the same work exposure, they were distinct injuries and applicant's prior stipulated award in connection with orthopedic injuries and hypertension did not preclude subsequent hypertensive heart disease claim which was not previously litigated. See Williams panel decision.
Reminder: Be sure to check the subsequent history of a case before citing to it. |
|
|
drug testing costs | |
 CWCI Estimates California Workers' Comp Drug Testing Costs Hit $98 Million in 2011. A new California Workers' Compensation Institute (CWCI) study finds that widespread use of narcotic painkillers to treat work-related injuries - including relatively minor injuries where their use is not supported by medical evidence - has fueled exponential growth in the use of drug testing in California workers' compensation over the past 8 years, resulting in an estimated $98 million in additional medical expense to the system in 2011. Read more.
|
|
 |
 |
| blogs: lexisnexis workers' comp law community | |
Workers' Comp Fraud Blotter - Newly Retired Police Officer Charged With Mail Fraud and Health Care Fraud, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 No Unlawful Age Discrimination Found in 20 Percent Apportionment of Permanent Disability to Other Factors: Cal. Comp. Cases May Advanced Postings (5/25/2012), by Cal. Comp. Cases Staff. Lexis.com users can access the complete headnotes and summaries. Read it.
|
| wcj news |
> Associate Chief Judge Mark Kahn plans to leave DWC on September 1, 2012. |
|
|
| job posting |
Defense Attorney. Small growing boutique Encino defense firm seeks attorney with minimum 5 years defense experience who thinks out of the box. Must have solid trial and online research experience. Will include occasional appearances in Northern California. Excellent salary that is comparable with large firms but without the insane hours. We seek quality work with good analysis over sheer quantity. Please e mail resume to recruiting@sladeneighbors.com
Workers' Compensation Attorneys. Unique opportunity to represent state special funds in administrative and civil litigation. The State of California, Department of Industrial Relations, Office of the Director Legal Unit is looking for attorneys with two or more years of workers' compensation experience to represent the Director before the Workers' Compensation Appeals Board, and in the superior and appellate courts throughout Southern California. The ideal candidates should have excellent writing skills and some civil litigation experience. Please submit the following materials: (1) a State Examination/Employment Application (form STD 678, available on the State Personnel Board website: www.spb.ca.gov), (2) a resume, and (3) 2 writing samples (preferably briefs with a statement of facts and argument) to Hiring Coordinator, Office of the Director Legal Unit, 320 W. 4th Street, Ste. 600, Los Angeles, CA 90013 or to juribe@dir.ca.gov. DIR is an equal opportunity employer.
WC Defense Associate. Glendale and Brea offices of Goldman, Magdalin & Krikes, LLP seeks attorneys with minimum 5 years workers' comp defense experience, competitive salary & benefits. Submit in Word format cover letter, resume, salary history/requirements to dcaldarelli@gmklaw.com.
Post jobs for free in this eNewsletter. Contact Robin.E.Kobayashi@lexisnexis.com for information. |
|
|
LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.
Privacy & Security Copyright © 2012 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. |
|
|
|
