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Find Solutions & Strategies July 16, 2012 |
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The WCMSA Conundrum in California
Why we need rules to ensure claims administrators timely submit WCMSA proposals to CMS |
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A Note From the Editor |

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Dear Workers' Comp Community:
Medicare set-asides are the topic of this week's enewsletter.
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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wcmsa conundrum |
The WCMSA Conundrum in California, by Robert G. Rassp, Esq. The following email string is true, accurate and correct. It is a typical email string between an applicant's attorney and a defense attorney. We all have cases like this in our inventories. In this case, the Applicant was a medical laboratory technologist who sustained admitted injuries to her lumbar spine and bilateral carpal tunnel syndrome on a cumulative trauma basis and is status post lumbar discectomy and wrist surgeries. The case originally had a stipulated award for 36% PD and was timely reopened. The orthopedic AME opined that she now has a 45% permanent disability. The date of injury is a cumulative trauma that ended over five years ago...Read more.
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attorney fees & medicare set-asides |
Here's a sneak preview of a recent noteworthy panel decision that will be added soon to the LexisNexis services:
Attorney's Fees; Calculation; C&R Agreements. WCAB, rescinding WCJ's award of $66,860.30 fee to applicant's attorney, held that attorney was entitled to full $90,000 fee requested pursuant to LC 4903(a), 8 CCR 10775 and WCAB Policy and Procedural Manual § 1.140, when WCAB found that, in calculating attorney's fee at reduced rate, WCJ improperly determined that pursuant to Pratt v. Wells Fargo Bank, 2010 Cal. Wrk. Comp. P.D. LEXIS 499 applicant's counsel was not entitled to any fee based upon settlement monies used to fund Medicare Set Aside account in applicant's C&R Agreement, that panel's holding in Pratt was not intended to...Read more.
Reminder: Be sure to check the subsequent history of a case before citing to it. |
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attn: caaa conference attendees |
CAAA Conference Attendees: Take Advantage of 30 Percent Discount Through July 31, 2012. 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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blogs: lexisnexis workers' comp law community |

Workers' Comp Fraud Blotter: High Heels and Romance In the Park Lead To Arrest For Insurance Fraud, by LexisNexis Workers' Compensation Law Community Staff. Read it.
Interpreter Sanctioned for Attempting to Deliberately Mislead Judge: Cal. Comp. Cases July Advanced Postings (7/11/2012), by Cal. Comp. Cases Staff. Lexis.com users can access the complete headnotes and summaries. Read it.
CWCI Study Reveals a Recent Decline in the Use of Opioid Painkillers in California Workers' Comp. Read it.
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job posting |
Associate Attorneys and Legal and Billing Assistants (Mid-Wilshire): Workers' Compensation defense firm located in Los Angeles (mid-Wilshire) is seeking associate attorneys, paralegal, legal assistants who can assist in Lien Negotiations. Some experience preferred but willing to train. Also seeking assistant for payroll/accounting/billing department. Knowledge in Timeslips, Quickbooks a Plus, would do half day legal assisting work. Salary + Benefits include 401k, health and dental, parking, Profit Sharing. Please email your resume (PDF) at mdelacruz@hay-fel.com or via fax at 213-385-9511 Attention: Maribeth.
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: Brea office 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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