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Find Solutions & Strategies June 25, 2012 |
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 26 Noteworthy Panel Decisions You Should Know About
Read our picks for January-June 2012 |
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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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top noteworthy panel decisions | |
 26 Noteworthy Panel Decisions You Should Know About. Here are the publisher's picks for the top noteworthy panel decisions recently reported in the LexisNexis services and in the California WCAB Noteworthy Panel Decisions Reporter. The list is based upon feedback from our consultants about current topics and issues that are of interest to the entire workers' compensation community. Lexis.com subscribers can link to the noteworthy panel decisions cited below. Reminder: Be sure to check the status of a case before citing to it. © Copyright 2012 LexisNexis. All rights reserved. ATTORNEY'S FEES/COLA: Miramontes v. Lions Raisins, 2012 Cal. Wrk. Comp. P.D. LEXIS 91. WCAB affirmed WCJ's finding that $49,900 was a reasonable fee for efforts of applicant's attorney through 12/31/2011, via commutation based on present value of applicant's life pension (awarded for permanent total disability resulting from 5/30/2006 industrial injuries), plus 12 percent of any future weekly payments...Read more.
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permanent total disability | |
 Here's a sneak preview of a recent noteworthy panel decision that will be added soon to the LexisNexis services:
Permanent Disability; Rating. WCAB rescinded WCJ's finding that applicant suffered 57 percent permanent disability, without apportionment, after suffering industrial injuries to her right palm, psyche, bilateral shoulders, bilateral upper extremities and bilateral lower extremities as a result of complex regional pain syndrome on 7/2/99, and held that medical evidence and reporting of applicant's vocational rehabilitation expert supported a finding that applicant incurred 100 percent permanent total disability, when (1) WCAB disagreed with WCJ's finding that factors of disability for applicant's physical and psychiatric conditions overlapped to such a degree that only applicant's orthopedic factors of disability should be utilized for purposes of rating applicant's permanent disability, (2) vocational expert's report in which she detailed medical reports she reviewed and her methodology, including her consideration of both orthopedic and psychiatric factors of disability, constituted substantial evidence to support a finding of permanent total disability, (3) LeBoeuf analysis remains viable to prove permanent disability based upon inability to compete in open labor market, and (4) record in this matter revealed that applicant was not able to complete a vocational plan because of pain caused by her injury and was unable to compete in open labor market. See Dewey panel decision.
Reminder: Be sure to check the subsequent history of a case before citing to it. |
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blogs: lexisnexis workers' comp law community | |
Workers' Comp Fraud Blotter: This Friendly Bar Might Be Toby Keith's Kind of Place, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 No Evidence That Applicant's Skin Cancer Was Insidious Disease Process: Cal. Comp. Cases June Advanced Postings (6/20/2012), by Cal. Comp. Cases Staff. Lexis.com users can access the complete headnotes and summaries. Read it.
 Court of Appeals Publishes Valdez Reversal Opinion, by Richard M. Jacobsmeyer, Esq. 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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