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Find Solutions & Strategies February 25, 2013 |
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 Keys to Proving Apportionment
A bullet proof checklist to determine if the reporting physician has hit all the marks
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A Note From the Editor | |
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Dear Work Comp Community:
Christine Hyatt and I will attend the DWC Conference Los Angeles on Feb. 28 & Mar. 1. Enter our free raffle to win a Kindle Paperwhite 3G! Visit us at LexisNexis Booth #20 for discounts on products.
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Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
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| apportionment | |
Keys to Proving Apportionment: The Bullet Proof List. The apportionment statutes were massively revised by the 2004 workers' compensation reform package. However, apportionment was one of the only areas of the workers' compensation law that did not get hit by the most recent reform legislation of SB 863. Nevertheless, over the past year, the WCAB has fine tuned some of the defining principles of apportionment per Labor Code section 4663, as illustrated in several of the noteworthy panel decisions discussed below. Read more. |
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jurisdiction; pro athletes | |
Here's a sneak peek at a noteworthy panel decision that will be added to the LexisNexis services.
WCAB Jurisdiction; Professional Athletes. WCAB, rescinding WCJ's award of 44% PD, held that WCAB had no jurisdiction over professional football player's claims for injury to his neck, back, shoulders, wrists, hands, and knees from 3/1/2000 to 3/1/2001, when there was no substantial medical evidence indicating that any portion of applicant's industrial injury occurred in California, and WCAB found that applicant's single day of practice in California for approximately one hour was insufficient to support a finding of regular employment in California under LC 3600.5(a), and that evidence of a single day's work in the state, without more, does not constitute regular employment for purposes of conferring California jurisdiction. See Hyder panel decision. |
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lexisnexis community BLOGS |
No Mutual Mistake of Fact Existed When Stipulations Submitted: February Cal. Comp. Cases Advanced Postings. Lexis.com subscribers can read it.
 New Study on Why Workers Settle Their Workers' Comp Claims, by Robin E. Kobayashi, J.D. and Thomas P. Kieselbach, Esq. The Minnesota DLI has released a new study. Read it.
 Workers' Comp Fraud Blotter: Criminal Forgery and Fraud Charges Filed Against Restaurant Owners. Read it and other news items.
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| 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.
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. |
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