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Find Solutions & Strategies December 17, 2012 |
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Holiday Cheer and the Workplace
What happens when an intoxicated employee is injured at work? |
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A Note From the Editor |
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Dear Work Comp Community:
Our eNewsletter will be on vacation for two weeks. We'll return on January 7, 2013.
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Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
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SB 863 Seminar |
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How to Use SB 863 to Best Represent Your Clients
Jan. 12, 2013, 9am-5:15pm
Judge Mark Kahn (Ret.), Judge Colleen Casey, Robert Rassp, Esq., Presiding Judge Paige Levy
National University (West Los Angeles campus)
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intoxication |
When Holiday Cheer Spills Over to the Workplace. This is the time of year to eat, drink and be merry, right? Perhaps it is worthwhile to take a moment and consider what happens, from a workers' compensation perspective, when an intoxicated employee suffers an injury at work. Can that employee recover workers' compensation benefits? Labor Code � 3600(a)(4) provides that liability for an industrial injury shall exist where the injury is not caused by the intoxication, by alcohol or the unlawful use of a controlled substance, of the injured employee. This is not very difficult to understand: an employee has an industrial injury, it is later determined that he or she was intoxicated at the time of injury. He or she cannot recover benefits, right? Not so fast...read more. |
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ur & emergency treatment |
This noteworthy panel decision will be added soon to the LexisNexis services.
Utilization Review; Spinal Surgery Second Opinion. WCAB affirmed WCJ's finding that applicant with back injury was not precluded by his failure to follow LC 4062(b) spinal surgery second opinion process from receiving TDI for a period of disability following spinal fusion surgery which included removal of previously placed disc replacement materials due to allergic reaction, when WCAB found that provisions of LC 4062(b) did not apply pursuant to R 9788.01(l)(4) because applicant's surgery was required due to a "bona fide medical emergency," that R 9788.01(l)(4) is not inconsistent with LC 4062(b) and is...read more. |
wcj news |
> Judge Shelley M. Bodnar of the San Bernardino District Office has retired.
> Judge Thomas Kitchens of the Van Nuys District Office has retired.
> Judge Leonard J. Silberman of the Santa Ana District Office will retire the end of December. |
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LEXISNEXIS workers' comp community BLOGS |
Compensable Knee Injury Upheld for Soccer Playing Applicant: December Cal. Comp. Cases Advanced Postings. Lexis.com subscribers can read it.
CWCI Study Tracks Growth of California Workers' Comp Medical Payments, by California Workers' Compensation Institute. Read it.
Liberal Republicans, Consensus Politics and a Fluke: The WILG Looks Back on 40 Years of Worker Advocacy, by Karen C. Yotis, Esq. The background on the National Commission on State Workmen's Compensation Laws. Read it.
Workers' Comp Fraud Blotter: Doctor Banned From Treating Injured Workers. Read it and other news items for the past week. |
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ur & emergency treatment, continued... |
valid, that although R 9788.01(l)(4) does not define "bona fide medical emergency", term should be construed in a manner consistent with LC 4610(g)(2) so as to apply in cases of imminent health threats, and that medical evidence establishing deterioration of applicant's condition following initial disc replacement surgery and significant improvement after metallic disc was removed was sufficient to show that applicant's condition constituted an imminent and serious threat to his health so as to be a "bona fide medical emergency"; WCAB found that applicant's failure to request authorization for surgery, thereby preventing defendant from undertaking UR, did not preclude TDI award when, in contrast to LC 4062(b), LC 4610 does not relieve a defendant from liability for TDI if an employee proceeds with a particular treatment before a defendant has opportunity to complete UR. See Moser panel decision. |
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