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Find Solutions & Strategies June 18, 2012 |
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 Walk Through Documents
A helpful checklist for avoiding trip-ups during the walk-through process |
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A Note From the Editor | |
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Dear WC Professionals:
Thanks to Judge Colleen Casey for writing another helpful EAMS blog post for our readers.
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
Solutions for Opioid Crisis
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New Interactive Think Tanks
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***LexisNexis Workers' Comp Law Community members are eligible for a special discount.*** |
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walk through documents | |
 Issues to Consider Before Submitting Your Settlement Docs, by Judge Colleen S. Casey. Listed below are several issues to consider before submitting a document for approval by a workers' compensation judge (WCJ). Walk Through Document Defined: A "walk-through" document is defined by 8 CCR §10280(a) as "a document that is presented to a workers' compensation administrative law judge for immediate action." The following documents are considered appropriate for the "walk-through" process: (See 8 CCR §10280(c).) Read more.
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average weekly wage | |
 Here's a sneak preview of a recent noteworthy panel decision that will be added soon to the LexisNexis services:
AWW; Earnings Calculation. WCAB, affirming WCJ, held that under LC 4453(c)(1) applicant was entitled to disability benefits based upon his actual earnings as a vocational teacher on date of injury rather than based upon his subsequent decreased earnings as a warehouse supervisor, when WCAB found that applicant's earnings as a teacher entitled him to a greater temporary disability rate than he would be entitled to if his subsequent salary were considered, that use of alternative "earning capacity" method of calculation pursuant to LC 4453(c)(4) should not be used to reduce temporary disability benefits where loss of earnings are not reflective of an applicant's training, experience and willingness to work, and that to hold that applicant's temporary disability rate should be decreased due to applicant's loss of income based upon his employer's determination to demote him would create an incentive for employers to downsize their workforce to reduce their liability for temporary disability. See Salcido panel decision.
Reminder: Be sure to check the subsequent history of a case before citing to it. |
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roger a. levy 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. Roger A. Levy, Esq., Editor-in-Chief of The Defense Base Act and War Hazards Compensation Act Handbook (LexisNexis), will be speaking on the New Mobile Workforce. 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: NASCAR Sprint Cup Team Fined for Failure to Maintain Workers Comp Insurance, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 Wife Entitled to Reasonable Value of Home Health Care Services for Injured Husband: Cal. Comp. Cases June Advanced Postings (6/14/2012), by Cal. Comp. Cases Staff. Lexis.com users can access the complete headnotes and summaries. Read it.
 I Can See Clearly Now, Just Can't Hear So Good, by Stephen C. Embry, Esq. The Fifth Circuit in Ceres Gulf muddies the water in Longshore Act hearing loss cases. Shouldn't the evidence adequately represent the actual noise claimant was exposed to in the workplace? Read it.
NCCI Study: States That Switch to AMA Guides Sixth Edition See Big Drop in Impairment Ratings, by Robin E. Kobayashi, J.D. NCCI has recently analyzed the impact of the AMA Guides Sixth Edition for three states that recently switched from the Fifth Edition to the Sixth Edition, finding a trend where substantial decreases in impairment ratings resulted. Read it. |
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| wcj neWS |
Jeffrey Bruflat is a judge in the Long Beach District Office.
Peter H. Hink is a judge in the Los Angeles District Office.
Anne Horelly is a judge in the Marina Del Rey District Office.
Judge Paul DeWeese has transferred to the Anaheim District Office. |
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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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