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Find Solutions & Strategies July 23, 2012 |
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 Duty to Develop the Record vs. Mandate to Close Discovery
Judges often face a difficult choice |
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A Note From the Editor | |
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Dear Work 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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Register today
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***LexisNexis Workers' Comp Law Community members are eligible for a special discount.*** |
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developing record & mandatory closure | |
Duty to Develop the Record vs. Mandate to Close Discovery. Judges are often forced to make a difficult choice. Should they exercise their duty to develop the record? Or should they follow the closure of discovery rule and proceed with the trial? In two recent panel decisions, the WCAB reversed the Judge and came down on opposite sides of this issue. However, in both cases they were loath to ignore the mandatory closure of discovery requirement of Labor Code § 5502(e)(3). Read more. |
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"zombie lien" | |
 Here's a sneak preview of a recent noteworthy panel decision that will be added soon to the LexisNexis services:
Liens; Medical; Statute of Limitations. WCAB affirmed WCJ's order disallowing balance of lien claimant's lien filed on 2/3/2011 for medical treatment provided to applicant/farm laborer with 12/3/2001 industrial injury to his upper extremities on basis that lien was barred by statute of limitations in Labor Code § 4903.5(a), when WCAB found that (1) Labor Code § 4903.5 applied prospectively to lien claimant's lien filed prior to effective date of statute in 2003, (2) lien claimant did not file lien within a reasonable time after latest date allowed for filing under Labor Code § 4903.5(a), i.e. five years from applicant's date of injury for which services were provided and nearly four years after effective date of statute, (3) although lien claimant's billing notified defendant of charges for purposes of...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: Movin' On Good Buddy: Disabled Truck Driver Crosses State Line To Keep On Trucking, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 Settlement Did Not Affect Right to Further Medical Treatment for Sleep Apnea: Cal. Comp. Cases July Advanced Postings (7/17/2012), by Cal. Comp. Cases Staff. Lexis.com users can access the complete headnotes and summaries. Read it.
 Cost-Shifting of Workers' Compensation Expenses: Study Says Third Parties Pick Up Most of the Bill, by John Stahl, Esq. 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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