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Find Solutions & Strategies June 11, 2012 |
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 Getting a Grip on Grip Loss
Recent decisions indicate conditions for use of the grip loss metric in the AMA Guides |
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A Note From the Editor | |
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Dear WC Professionals:
To sign up for this free eNewsletter, click here. To read past issues, access the archives.
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
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The Industry's Leading Training Event | |
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Register today
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***LexisNexis Workers' Comp Law Community members are eligible for a special discount.*** |
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grip loss | |
Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides. The AMA Guides generally disfavors grip loss as a measurement for rating a whole person impairment (WPI). (See AMA Guides Fifth Edition, page 508.) However, a series of recent WCAB panel decisions indicate that there may be circumstances when the grip loss metric is the most accurate tool for assessing an injured worker's (WPI). Use of the grip loss measurement generally results in a much higher permanent disability (PD) rating for the injured worker. Read more. |
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presumption of compensability | |
 Here's a sneak preview of a recent noteworthy panel decision that will be added soon to the LexisNexis services:
Presumption of Compensability; Time to Deny Claim. WCAB affirmed WCJ's finding that presumption of compensability under LC 5402 did not apply to applicant's claims for industrial injuries to her left arm, back, hips, left leg and in form of sleep loss, because applicant failed to raise issue at trial and raised issue for the first time on reconsideration, and WCAB did not believe that holding inGee v. W.C.A.B. regarding LC 4062.9 presumption, was controlling because factual issues surrounding applicability of presumption of compensability are different than those related to LC 4062.9 presumption, and found that to consider presumption of compensability issue for first time, not at trial as in Gee, but rather on reconsideration would constitute significant prejudice to defendant and would be a denial of defendant's right to due process. See Rosas panel decision.
Reminder: Be sure to check the subsequent history of a case before citing to it. |
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richard jacobsmeyer 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. Richard Jacobsmeyer, Esq., a co-Editor-in-Chief of the Herlick Handbook, will be speaking on Medical Treatment Issues: A Comparison of Jurisdictional Issues. 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 - Criminal Court Judge Accused of Ripping Off Workers Comp Clients, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 Res Judicata Barred Petition to Reopen for New and Further Psychiatric Disability: Cal. Comp. Cases June Advanced Postings (6/7/2012), by Cal. Comp. Cases Staff. Lexis.com users can access the complete headnotes and summaries. Read it.
California Workers' Comp Case Roundup (6/9/2012), by Cal. Comp. Cases Staff. The May CCC cites are now available. Lexis.com subscribers can link to the complete cases, headnotes, and summaries. Read it.
 Increase in California Average Weekly Wage to Boost 2013 Workers' Comp Benefits, by California Workers' Compensation Institute. 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 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.
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