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Find Solutions & Strategies June 4, 2012 |
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Court of Appeal Reverses Valdez
WCJs have discretion to admit non-MPN treating physician reports into evidence |
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A Note From the Editor |
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Dear WC Professionals:
Viva Las Vegas! I hope to see you at the National Workers' Compensation Conference this November. There will be 21 speakers from California on the agenda. See special discount below for our community members.
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
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valdez reversed |
Valdez, by Julius Young, Esq. The wait for a ruling in Valdez is over. The California Court of Appeal, Second District, Division 7 has spoken in Elayne Valdez v. WCAB and Warehouse Demo Services [unpublished]. The Court reversed a WCAB holding that precluded use of reports from non-MPN treating physicians under all circumstances. In Valdez the worker treated briefly with MPN physicians but was thereafter directed by her attorney to a non-MPN physician. The circumstances as to whether the carrier had met its MPN requirements remains unclear. As the Court of Appeal noted... Read more. |
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sanctions |
Here's a sneak preview of a recent noteworthy panel decision that will be added soon to the LexisNexis services:
Sanctions. WCAB affirmed WCJ's order imposing sanctions and awarding payment of reasonable expenses against lien claimant pursuant to LC 5813 and Rule 10561(b)(1), for lien claimant's failure to appear or late appearance at conferences or trial in connection with lien for medical treatment, when lien claimant alleged that missed and late appearances were due to a chronic, disabling medical condition and that she had been granted an ADA accommodation for late appearance or absence at morning hearings, but WCAB found that sanctions were not imposed for lien claimant's failure to appear without an excuse, but rather due to lien claimant's pattern of failing to appear or appearing late at a conference as demonstrated by a showing that six out of eighteen continuances were due to lien claim, and that whether applicant had a good reason for continuances was not an issue. See Anaya panel decision.
Reminder: Be sure to check the subsequent history of a case before citing to it. |
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robert g. rassp to speak at national workers' comp conference |
LexisNexis has partnered with the National Workers' Compensation Conference to create an enhanced legal track for attorneys and other workers' comp professionals. LexisNexis author Robert G. Rassp, Esq. will be speaking on several panels: (1) Medical Treatment Issues: A Comparison of Jurisdictional Issues; (2) Causation: Medical Versus Legal Impairment, and Mental Trauma; and (3) Employee or Independent Contractor? The Impact of Misclassification. View the program agenda. Overall, there are 21 speakers from California at this event. You don't want to miss this conference! Take advantage of the special discount for all LexisNexis Workers' Compensation Law Community members. Membership is free at our community site. |
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blogs: lexisnexis workers' comp law community |
Workers' Comp Fraud Blotter - AIG Fined; Largest Fine in Pennsylvania Insurance Department's History Levied, by LexisNexis Workers' Compensation Law Community Staff. Read it.
Arbitrator of Contribution Proceeding Not Bound by WCJ's Finding of Injury AOE/COE: Cal. Comp. Cases June Advanced Postings (5/30/2012), by Cal. Comp. Cases Staff. Lexis.com users can access the complete headnotes and summaries. Read it. |
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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 [email protected]
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 [email protected]. 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 [email protected].
Post jobs for free in this eNewsletter. Contact [email protected] for information.
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