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Find Solutions & Strategies July 2, 2012 |
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 Treating Physician's PD Determination
When must a party object under Labor Code 4061? |
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A Note From the Editor | |
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Dear Workers' Comp Community:
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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Happy Fourth of July! | |
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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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treating physician | |
When to Object to a Treating Physician's Permanent Disability Determination. Labor Code Section 4062 provides that if either party objects to a "medical determination" made by the treating physician concerning any medical issues not covered by Labor Code Section 4060 or 4061 and not subject to Labor Code Section 4610, the objecting party shall notify the other party in writing within 20 of the receipt of the report if the party is represented or 30 days if the employee is not represented. Thus, we know that a represented party has 20 days to object if the objection falls under Labor Code Section 4062. What if the treating physician finds no permanent disability? When must the employee object to that determination so as to proceed with a Panel Qualified Medical Evaluation (QME)? Read more. |
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attn: caaa conference attendees | |
CAAA Conference Attendees: Take Advantage of 30 Percent Discount Through July 31, 2012. It was a pleasure for LexisNexis reps to meet everyone at the CAAA conference in San Francisco last week! All CAAA conference attendees can still take advantage of our special conference discounts through July 31, 2012. Whether you want print or ebook, LexisNexis has your research solutions, including:
*Hanna, Calif. Law of Employee Injuries & Workers' Comp.
*Herlick, Calif. Workers' Comp. Law (2 vol. treatise)
*Herlick, Calif. Workers' Comp. Handbook (2012 Ed.)
*Calif. WCAB Noteworthy Panel Decisions Reporter
*Lawyer's Guide to AMA Guides & Calif. WC (2012 Ed.)
*Complete Guide to MSP Compliance (2011 Ed.)
*California Compensation Cases (adv. sheets) (annual vol.)
*Occupational Injuries and Illnesses (3 vols.)
To take advantage of this offer, contact Justin Evans asap:
Phone: 1-800-227-9597 ext. 55434
Fax: 1-866-960-3024 |
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medical provider networks | |
 Here's a sneak preview of a recent noteworthy panel decision that will be added soon to the LexisNexis services:
Medical Provider Networks; Treatment Outside MPN. WCAB, granting removal on its own motion, upheld WCJs' orders denying defendant's petitions to compel applicant to transfer his medical into its MPN, when there had been no prior determination as to whether defendant's MPN was validly established and properly noticed or whether any defective notice that may have occurred would constitute neglect or refusal to provide reasonable medical treatment, and WCAB found that, although defendant could not compel applicant to treat within its MPN, defendant could file a declaration of readiness to proceed to an expedited hearing to resolve issue concerning applicant's entitlement to medical treatment and determination regarding entitlement to medical treatment could, if appropriate, include a decision on whether defendant's MPN was validly established and properly noticed. See Sarmiento 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: Painter Convicted for Double Dipping, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 Exception to Use of 2005 Schedule Never Triggered When Defendant Paid Temporary Disability Into 2010: Cal. Comp. Cases July Advanced Postings (6/28/2012), by Cal. Comp. Cases Staff. Lexis.com users can access the complete headnotes and summaries. Read it.
 Court Upholds W.C.A.B. Ruling Excluding Medical Legal TD From Labor Code § 4656 Window, by Richard M. Jacobsmeyer, Esq. Read it.
 Workers' Compensation Under Romneycare Provides Clues for Nationwide Future of Systems, by John Stahl, 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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