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Find Solutions & Strategies October 15, 2012 |
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 Is the Going and Coming Rule Outdated?
How do we apply the rule in modern times? |
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A Note From the Editor | |
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Dear Work Comp Community:
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
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How to Survive PD Reforms | |
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A new LexisNexis Emerging Issues Analysis article...
Robert G. Rassp on
SB 863 and Permanent Disability: A Practitioner's Survival Guide to Calif. Workers' Comp Reform
Read a synopsis here.
Purchase at the LexisNexis bookstore.
Lexis.com subscribers access here; note: additional fees may be incurred. |
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going and coming | |
Has the Going and Coming Rule Become Outdated? A well-known personal injury attorney once said, "If I have to explain away more than three concerns in my own mind when deciding to take a case, then it is probably not a case I want to take". Another way of saying this would be, when there are three exceptions to a rule, maybe the reliability of the underlying rule should be seriously questioned. This axiom has never been more true than when looking at the "going and coming" rule. Read more. |
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california ranking | |
50 State & D.C. Workers' Comp Rate Rankings: Latest Biennial Study Released. The Oregon Dept. of Consumer and Business Services released its biennial study on national workers' compensation premium rates. Based on rates in effect January 1, 2012, the top 5 states with the highest workers' compensation premium rates in the nation are:
1. Alaska
2. Connecticut
3. California
4. Illinois
5. New York |
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attorney's fees | |
 This panel decision will be added soon to the LexisNexis services.
Attorney's Fees; Efforts to Secure Reimbursement to Employment Development Department. WCAB upheld WCJ's order denying applicant's attorney fees claimed for efforts in securing reimbursement to EDD for State Disability Indemnity paid to applicant in connection with bilateral shoulder injuries, when WCAB deemed EDD to be distinct and separate from other lien claimants and found that, from a public policy standpoint, it did not appear appropriate that a fee be taken from reimbursement made for EDD, especially given additional burden awarding fees would place on EDD, and (2) attorney's fee claim was barred by LC 4903.2 because there was no evidence that EDD failed to attend or participate in MSC, that notice was given to EDD or to applicant that attorney intended to seek a fee from EDD reimbursement claim, or that this was an extraordinary or difficult reimbursement claim. See Brase panel decision.
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LEXISNEXIS workers' comp community BLOGS | |
 Workers' Comp Fraud Blotter: Disabled Rural Mail Carrier Gave Massages But Delivered No Mail. Read it and other news stories.
 Being Struck by Basketball Was Not Extraordinary Event: October CCC Advanced Postings (10/10/2012). Lexis.com subscribers can read it.
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| job postings |
Work Comp Defense Paralegal - Telecommuting (Northridge). Two solo practitioners representing employers and insurance companies seek legal secretary/paralegal with five or more years experience in the workers' compensation defense arena to work on an as-needed basis from home. Possible assignments would include drafting all types of letters (e.g., to applicant's attorneys, clients, physicians, and lien claimants), review of medical records, legal research, preparation of settlement analyses, administrative tasks, etc. The work assigned would range from the mundane to more complicated legal matters requiring experience and expertise, and case exposure would generally begin from case inception to case resolution, including the handling of liens. This position is perfect for someone looking for part-time work. If interested, please fax your resume and an hourly compensation request for consideration. Contact Jasmeen Ahdi Ubhi at jubhi.esq@gmail.com or (805) 813-8043.
Applicant's Attorneys. Law Offices of Ramin R. Younessi, an established mid-size plaintiff/applicant's employment and workers' compensation firm is seeking to add two additional attorneys to our vibrant and energetic team. Applicants must have at least 1 year of experience in actively handling workers' compensation matters and have the ability to manage two supporting paralegals. Excellent negotiation skills are a must. Come work with our dynamic team in a friendly and collaborative environment. Salary is very competitive and contains vacation, bonuses, standard mileage and cost reimbursements, cell phone, bar dues, health benefits, and most importantly long term job security. Please forward all of the following for consideration: Resume, salary history, and writing sample. Salary ranges from $100k to $160k. Contact: jobs@younessilaw.com.
Department of Industrial Relations (DIR). $4,674 to $10,477/month DOE. Litigate a variety of labor and employment matters at admin. and civil trial and appellate levels including, workers' comp., prevailing wage/public works, and public employment. Travel throughout SoCal may be required. Send a State Application (Form STD 678) with a resume and 2 recent writing samples to: DIR, Office of the Director - Legal Unit, Attn: Hiring Coordinator, 320 W. 4th Street, Ste. 600, Los Angeles, CA 90013, or by email to juribe@dir.ca.gov.
Associate Attorneys and Legal 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.
Post jobs for free in this eNewsletter. Contact Robin.E.Kobayashi@lexisnexis.com for information. |
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