California Banner 2012 Chess Board
Vol. 3, Issue 32

Find Solutions & Strategies                             August 6, 2012

AOE COECausation of Injury vs. Causation of Disability  
 
Recent cases highlight AOE/COE issues
In This Issue
* CAUSATION OF INJURY
* TREATMENT OUTSIDE MPN
* BLOG ROUND UP: MSP Enforcement, Fraud, CCCs
* NEWS HEADLINES: Valdez appealed to Supreme Court
* NEW JOB POSTINGS
* eNEWSLETTER ARCHIVES

A Note From the Editor

Robin Kobayashi 2010

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

The Complete Guide to Medicare Secondary Payer Compliance

 1575 2011 2012

Jennifer C. Jordan, Esq.

Editor-in-Chief

 

Buy 2011 Edition

Get 2012 Edition FREE

 

2012 Edition includes expanded coverage of Calif. WCMSAs by Robert G. Rassp

 

To order, call 1-800-223-1940 

Offer expires 10/5/2012 

causation

Causation of Injury vs. Causation of Disability. The issue of causation has been a central theme in many recent cases. However, given that there are two types of legal causation in the world of workers' compensation, it's easy for people to get confused. Causation of Injury deals with whether the injury arose out of employment and occurred in the course of employment (AOE/COE) and triggers the right to medical treatment if the cause is industrial. Causation of Disability deals with a determination of accurate permanent disability and apportionment between industrial and non-industrial factors. Read more.

treatment outside mpn

Sneak PeekHere'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, reversing WCJ, ordered that lien claimant take nothing by way of its lien for medical treatment self-procured by applicant outside defendant's MPN, when WCAB found that letter sent by defendant notifying applicant that medical treatment would be provided through defendant's MPN and advising applicant regarding how to access MPN provider, was prima facie evidence of... read more. 

  

Reminder: Be sure to check the subsequent history of a case before citing to it.

LEXISNEXIS community BLOGS

Jen Jordan March 2010 thumbnailLove It or Hate It: Medicare Secondary Payer Enforcement Is Here to Stay, by Jennifer C. Jordan, Esq. Read it.

 

 

Fraud SignWorkers' Comp Fraud Blotter: Cash Checking Scheme. Read it.   

 

 

 

Cal Comp CasesWCAB Not Swept Away by Injured Worker's Argument for Housekeeping Services: August  Advanced Postings (8/1/2012). Lexis.com subscribers can read it.   

 

Cal Comp CasesClaim for S&W Misconduct by Employer Not Time Barred. June CCC is now on lexis.com. Lexis.com subscribers can read it.

neWS HEADLINES

job posting

Job Search CC 

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.

enewsletter archives

ArchivesTake a deep dive into our past eNewsletters for 2012 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

July 30, 2012: The Right to Select the Specialty of the Panel QME.
LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.

Privacy & Security Copyright © 2012 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.