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Find Solutions & Strategies November 5, 2012 |
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 Workers' Comp Medicare Set Asides
Separate settlements for each claim - the Benson case |
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New & Enhanced 2012 Edition | |
Order Today.
The Complete Guide to Medicare Secondary Payer Compliance, 2012 Edition,
Jennifer C. Jordan, Esq.
Editor-in-Chief
California Workers' Compensation Medicare Set Asides, updated by Robert G. Rassp, Esq. | |
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A Note From the Editor | |
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Dear Work Comp Community:
This week workers' comp attorneys and professionals from 50 states and D.C., including Canada, England and China, will attend the 2012 National Workers' Compensation & Disability Conference in Las Vegas. Please visit the LexisNexis Booth #1160. We're holding a free raffle for an iPad!
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
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medicare set asides | |
 Workers' Comp Medicare Set Asides: Separate Settlements for Each Claim - The Benson Case, by Robert G. Rassp, Esq. Appellate review of California Labor Code Sections 4663 and 4664 on apportionment has mandated that physicians provide in their conclusions with reasonable medical probability approximately what percentage of permanent disability or impairment is directly caused by each industrial injury and what percentage is caused by "other factors" such as prior or subsequent injuries, prior awards of compensation, and non-industrial factors [see Benson v. Workers' Comp. Appeals Bd. (2009) 170 Cal. App. 4th 1535, 89 Cal. Rptr. 3d 166, 74 Cal. Comp. Cases 113]. The Benson case has been used creatively to avoid scrutiny of settlements by CMS when parties enter into separate compromise and release agreements for under $25,000.00 for each claimed injury. Read more.
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psychiatric injury; predominant cause | |
 This noteworthy panel decision will be added to the LexisNexis Services.
Psychiatric Injury; Predominant Cause Requirement; Good Faith Personnel Actions. WCAB affirmed WCJ's finding that applicant/regional sales manager did not sustain a compensable psychiatric injury on 1/23/2009 and during period 3/9/2007 to 3/9/2009, based primarily on credible testimony of applicant's supervisor and in accordance with LC 3208.3(b)(1), Rolda v. Pitney Bowes and County of San Bernardino v. W.C.A.B. (McCoy), when WCAB found that questioning of co-worker by WCJ in which co-worker was asked to compare applicant's personality to that of a celebrity (co-worker said Gordon Ramsay) did not deprive applicant of a fair trial, that...read more. |
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Franchise agreements | |
 This noteworthy panel decision will be added to the LexisNexis Services.
Employment Relationships; Employees; Franchisees. WCAB reversed WCJ's finding that applicant was a janitorial franchisee/independent contractor pursuant to franchise agreement with defendant at time of injuries, and held that based upon factors in S.G. Borello & Sons, Inc., applicant was an employee of defendant on date of her injuries, notwithstanding that franchise agreement expressly stated that applicant was an independent contractor, when WCAB looked beyond label placed on parties' relationship and analyzed applicant's actual job duties and parties ' conduct, and found that...read more. |
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LEXISNEXIS workers' comp community BLOGS | |
 Workers' Comp Fraud Blotter: Teacher Who Could Not Teach Caught On Video Doing Strenuous Yard Work. Read it and other news stories.
 Applicant and Her Attorney Had Ample Opportunity to Be Heard on Issue of Dismissal: November CCC Advanced Postings (10/30/2012). Lexis.com subscribers can read it.
October 2012 Issue of Cal. Comp. Cases Now Online: CCC citations are now available. 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 or (323) 777-7777.
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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