California Banner 2012 Chess Board
Vol. 3, Issue 33

Find Solutions & Strategies                           August 13, 2012

Workers Comp Reforms Ahead QuestionComprehensive Workers' Comp Reform Bill
 
A paradigm shift where data-driven analysis gets the boot?
In This Issue
* REFORM: PARADIGM SHIFT?
* ATTORNEY'S FEES & MSAs
* BLOG ROUND UP: Fraud, Employee Status, Comp Reform, Nurse Case Managers, Indemnity
* NEWS HEADLINES: Workers' comp reform
* NEW JOB POSTINGS
* eNEWSLETTER ARCHIVES

A Note From the Editor

Robin Kobayashi 2010  

Dear Work Comp Community:  
 

Thanks to Julius Young, Esq.  for his contributions to this week's issue.

 

Sign up for this free eNewsletter here. Access past issues in our 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

 

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

 

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Offer expires 10/5/2012 

reform buzz

Julius Young thumbnailParadigm Shift? by Julius Young, Esq. The workers' comp community is abuzz with rumors about the impending comprehensive comp reform bill. I've not yet seen the bill (which could still be revised before it is introduced in print in the next week or so). But based on the summary in Workcompcentral.com that ran yesterday, if the bill passes it would represent a paradigm shift. Read more.

attorney's fees

There's a new sheriff in town who understands the value of a Medicare set-aside trust...

 

Sheriff Badge MSACan an Attorney Fee Be Requested on a Medicare Set-Aside Trust? As any participant in the workers' compensation system over the past ten to fifteen years can tell you, if you want to discuss a Compromise and Release, you will likely also have to consider "Medicare's interests" in evaluating whether a "Medicare Set-Aside Trust" has to be included in the settlement. Typically, a vendor will advise the parties what Medicare will likely accept in a given case and then that figure is submitted to Medicare for its approval. There are times where the set-aside figure is substantial. For example, in the case of an applicant utilizing a morphine pump for pain control, the set-aside amount could be as high as two million dollars. Read more.

LEXISNEXIS community BLOGS

Fraud SignWorkers' Comp Fraud Blotter: Owner of TV Recycling Business Knew She Needed Workers' Compensation Insurance.  Read it

  

 

 

Cal Comp CasesPresumption of Employee Status Applied to Maintenance Worker Who Lacked Contractor License: August  CCC Advanced Postings (8/7/2012). Lexis.com subscribers can read it

 

 

Julius Young thumbnailA Field Guide to Comp Reform, by Julius Young, Esq. Read it.

 

 

 

 

StevenBirnbaumThe Case for Clear Guidelines for Nurse Case Managers, by Steven M. Birnbaum, Esq. Read it.

 

 

 

Tom Robinson thumbnailCrane Company "Hoist by its own petard" Loses Right to Seek Indemnity Against Worker's Employer, by Thomas A. Robinson. Read it.

neWS HEADLINES

CA: The Politics Behind the Workers Comp Reform Bill.

CA: Some Details About Changes Proposed by Workers Comp Reform Bill.

CA: Employer Groups Say Workers Comp Reform Bill Will Cut Costs.

CA: Unions Push for Workers Comp Reform Bill to Increase Benefits.

CA: CSIMS Issues Statement Re Lack of Transparency for Proposed Reform Bill.

CA: Workers Comp Insurers May Need to Increase Rates in 2013.

CA: WCIRB Considers 7.6 Percent Rate Increase.

CA: DWC Participates in Free Seminar on Electronic Medical Billing.

CA: DWC Seeks Nominations for Medical Guideline Advisory Committee.

CA: Ninth Circuit Says Ex-Titans Football Player Can't Pursue Calif. WC Benefits.

CA: SCIF Bans Employees From Using Phones While Driving On State Fund Business.

CA: Governor Appoints Judith Freyman to OSHA Board.

CA: Labor Commissioner Announces Citations for Lack of Workers Comp Coverage.

MarketScout Report Shows Workers Comp Rates Increased 4 Percent.

Crawford & Company Announces 2Q Results.

MSP: Eleventh Circuit Hears Oral Arguments in U.S. v. Stricker.

Liberty Mutual Returns More Than $1M to Oregon Restaurant and Lodging Assoc. Members.

NIOSH: New Research of Hospital Care Workers and Sleep Deficiency.

AMERISAFE Named to Ward's 2012 Top 50 Property and Casualty List.

Employers Holdings, Inc. Reports 2Q 2012 Earnings.

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.

August 6, 2012: Causation of Injury vs. Causation of Disability.
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