California Banner 2012 Chess Board
Vol. 4, Issue 6

Find Solutions & Strategies                         February 11, 2013

ImpairmentAMA Guides Impairment Ratings and Earnings Losses   

New study says Guides measure disability
In This Issue
* AMA GUIDES STUDY
* ATTORNEY'S FEES
* BLOGS: Dependency, Compounded Drugs, Fraud
* NEWS: Carrie Nevans Community Service Awards Recipients Announced
* JOB POSTINGS
* eNEWSLETTER ARCHIVES

 A Note From the Editor

Robin Kobayashi 2010   

Dear Work Comp Community:   

  

To receive our free, weekly eNewsletter, sign up here. Read past eNewsletters here.

 

Sincerely,

Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations

SB 863 Seminar

WorkCompCentral Education thumbnail

How SB 863 & The New Regs Will Work
What Changed and What Didn't   

 

Judges Colleen Casey, Allyson Hall, Lila Rados 

 

February 23, 2013

Oakland, CA

 

Click here for information

new ama guides study

Robert Rassp grayStrong Association Exists Between AMA Guides Impairment Ratings and Earning Losses, But Losses Vary Significantly Across Body Regions, by  Robert G. Rassp, Esq. & Robin E. Kobayashi, J.D. A new major study funded by CHSWC focuses on the AMA Guides Fifth Edition in California but has implications for the AMA Guides Fourth and Sixth Editions used in other states. The study purports to quell the main criticism that the AMA Guides can only measure severity of impairment and not disability. The study examines whether there is a strong association between AMA-based impairment ratings and earnings losses for workers' comp claimants with permanent disabilities, thereby indicating that impairment ratings accurately reflect the effect of impairments on the ability to work. The study also examines...Read more.

lawyer's guide, 2013 edition

1432 SB 863The Lawyer's Guide to the AMA Guides and California Workers' Compensation, 2013 Edition, by Robert G. Rassp, Esq.

 

Now available in print and eBook at the LexisNexis Store.

 

How to rate permanent disability under both the 2005 PDRS and the new "2013 PDRS". 

attorney's fees

Here's a sneak peek of a recent noteworthy panel decision that will be added to the LexisNexis services. Reminder: Be sure to check the subsequent history of a case before citing to it.

 

Sneak PeekAttorney's Fees. WCAB, after previously declining to award applicant's attorneys requested § 5801 fees in amount of $51,900 because attorneys' declarations in support of fee request were inadequate, awarded fees in amount of $2,500 pursuant to § 5801 plus costs, rather than what WCAB determined to be a reasonable fee between $14,000 and $16,000, when WCAB,...continued

lexisnexis community BLOGS
Cal Comp Cases
18 Year Old Student Relying on Child Support Payments Qualified as Dependent: February Cal. Comp. Cases Advanced Postings. Lexis.com subscribers can read it
   
  
  
CWCICWCI Finds Use of Compounded Drugs in California Workers' Comp Are Down, But Payments Are Up. Read it.  
   
  
   
  
Cal Comp CasesJan. CCC Cites Now Available for McKinley en banc and other cases. Lexis.com subscribers can read it.  
  
  
  

 

Fraud SignWorkers' Comp Fraud Blotter: Pool Guy Charged With Misclassifying His Workers. Read it and other news items.  

 
neWS HEADLINES

CA: CHSWC Releases 2012 Annual Report.

CA: DWC Honors Wei, McNally With Carrie Nevans Community Service Awards.

CA: DWC Issues Notice of Hearings for Electronic Document Filing, Lien Filing Fee Rules.

CA: DWC Updates Fact Sheet, Address Questions on Benefits Notices, SB 863.

CA: DWC Posts Adjustments to OMFS to Conform to Medicare Changes.

CA: Construction Co. Settles DOT Workers' Comp False Claims Suit.

CA: SB 146 Would Change Pharmacy Billing Procedures.

CA: Consumer Watchdog Wants Monitoring of Doctors Prescribing Dangerous Narcotics.

CA: Kern County's Workers Comp System Reported Broken Down.

Study Finds High Correlation Between Mental Illness and Smoking.

US Dept of Labor Cracks Down on Late Reporting of Deaths by Iraq War Contractors.

NCCI Posts Presentations From 2013 Data Educational Program.

AIA Releases Statement on Bill to Reauthorize Terrorism Risk Insurance Act.

job postings

Workers' Compensation Defense Attorneys. Goldman, Magdalin & Krikes, LLP is a well-established firm specializing in the defense of workers' compensation and related matters. With 8 offices serving all venues in California, our attorneys handle full case loads, providing high-quality representation for our clients. We are seeking associate attorneys with 5 years minimum defense experience for our San Luis Obispo and Fresno Offices. Successful candidates will possess strong litigation, verbal and writing skills. Travel to appearances is required.  We offer a competitive salary and comprehensive benefits package including medical, dental, life, STD & LTD insurance, and matching 401k. Please submit your resume with salary history in Word format to Allyson Madson at amadson@gmklaw.com.

attorney's fees, cont.

Feesexercising its discretion to award less than an otherwise reasonable fee or no fee at all if original attorney's fee request is unreasonably inflated, entirely disregarded additional, itemized declarations submitted by applicant's attorneys in response to NIT (lexis.com subscribers, see 2012 Cal. Wrk. Comp. P.D. LEXIS 526) based upon its finding that declarations were not credible (possibly even perjurous) and represented an inadequate after-the-fact-attempt to justify original unitemized fee request, especially since declarations claimed payment for legal services rendered in connection with petition for writ of review before petition was even mailed (based on proof of service) and before it presumably would have been received by attorneys in course of ordinary mail. See the latest Mota panel decision.

enewsletter archives

ArchivesTake a deep dive into our past eNewsletters for 2013 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

February 4, 2013: Two-Year TD Period Benefits Includes Public Safety Member Benefits.
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