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Find Solutions & Strategies July 30, 2012 |
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 The Right to Select the Specialty of the Panel QME
Whose choice is it anyways? |
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A Note From the Editor |

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Dear Work Comp Community:
Congratulations to Suzanne Guyan, the recipient of the Tim East Award for 2012 Workers' Compensation Professional of the Year! Suzanne is an esteemed member of the LexisNexis Calif. Workers' Comp Editorial Board.
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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specialty of the panel qme |
The Right to Select the Specialty of the Panel QME: Whose Choice Is It Anyways? Prior to the passage of Senate Bill 899, both sides maintained the right to select their own QME. Inherent in the use of "battling QME's" was also the right to decide what type of specialist a party would utilize. Where a back injury was involved, for example, a party could select from a wide range of specialists to evaluate a particular case. These might include an orthopedist, neurologist, chiropractor, pain management physician or possibly a physiatrist. A party might make this decision based on a number of factors. Regardless of the reasons why a party might choose a particular specialty, there can be no question that the right to make that choice could be strategically very important in determining the outcome of a workers' compensation case. Read more. |
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striking a panel qme |
Here's a sneak preview of a recent noteworthy panel decision that will be added soon to the LexisNexis services:
Medical-Legal Procedure; Assignment of QME Panel. WCAB granted removal and rescinded WCJ's order that applicant violated LC 4062.2(c) by striking name from panel QME list prematurely, thereby nullifying the strike, when WCAB found that (1) although LC 4062.2(c) envisions that parties will use 10-day period after assignment of a panel to meaningfully confer on an AME, if a party strikes a name during 10-day period, that strike is not automatically rendered a nullity under LC 4062.2(c), (2) if a party strikes a name from panel during 10-day period, responding party has remainder of 10 days plus 3 working days to...read more.
Reminder: Be sure to check the subsequent history of a case before citing to it. |
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LEXISNEXIS community BLOGS |

Workers' Comp Fraud Blotter: School Custodian Sells Houses While On Disability. Read it.
Split WCAB Panel Splits Up Permanent Disability Award: July Advanced Postings (7/25/2012). Lexis.com subscribers can read it.
CWCI Score Card Looks at Claims for Head and Spinal Injuries Without Spinal Cord Involvement. Read it.
Suzanne Guyan Presented Tim East Award as 2012 Workers' Compensation Professional of the Year. 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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