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Find Solutions & Strategies May 13, 2013 |
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 Apportionment: Survey of Recent Decisions |
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Work Comp Index, now part of the LexisNexis product line | |
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By James T. Stewart
Purchase each title at the LexisNexis Store or call toll free at 1-800-223-1940. |
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A Note From the Editor | |
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Dear Work Comp Community:
We welcome the Work Comp Index to the LexisNexis product line for California workers' comp!
To receive our free, weekly eNewsletter, sign up here. Read past eNewsletters here.
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
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Medical Report Seminar | |
Essential Guide to Writing Medical Reports; Meeting Post SB 863 Standards
Instructor: WCJ Colleen Casey
June 1-2, 2013
Camarillo, CA
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| apportionment: case survey | |
Apportionment, Conclusive Presumptions and Labor Code Section 4662 (Part 2 of 2). Editor's Note: The following is Part Two of a two-part article. (To read Part One, click here.)
Cases Where Apportionment Is Not Applicable to LC §4662 Cases:
In the writ denied panel decision of Kaiser v. WCAB (Dragomir-Tremoreux) (2006) 71 Cal. Comp. Cases 538, there was a prior award to the same body part. The WCAB panel held: "Here, we conclude that, although section 4664(b) applies and, therefore, it is conclusively presumed that applicant's 18.75% permanent partial wrist disability existed at the time of the subsequent injuries at issue herein, the conclusive presumption of permanent total disability pursuant to section 4662(b) also applies and precludes apportionment of any kind, including apportionment to a prior award under section 4664(b)." (Emphasis added.) Read more. |
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| motion to compel deposition | |
This noteworthy panel decision will be added soon to the LexisNexis Services.
Discovery; Depositions. WCAB granted removal and rescinded WCJ's order denying defendant's motion to compel applicant to attend her deposition in presence of employer representative store manager, and held that applicant was required to proceed with deposition, when WCAB concluded that applicant was not excused from attending deposition when she did not request a protective order prior to deposition, there was no evidence from applicant identifying any right to privacy that would or could be affected if store manager were present during deposition, and only reason provided by applicant for not proceeding with deposition was that applicant would feel intimated by store manager's presence, and WCAB found that such a summary assertion of subjective feeling was not a sufficient basis to exclude store manager from deposition, especially given that applicant was represented by counsel and had remedies available to address any improper behavior that may occur at deposition. See Yera panel decision.
We report 40 to 60 noteworthy panel decisions each month on the LexisNexis Services Subscribe to the Calif. WCAB Noteworthy Panel Decisions Reporter (PDF format with xlinks to lexis.com and Lexis Advance). |
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| lexisnexis blog posts | |
 Continuation Benefits for Dependent Minor Child: Cal. Comp. Cases May Advanced Postings. Lexis.com and Lexis Advance subscribers can read it here.
 I Walked Out Into West, Texas, by Stephen C. Embry, Esq. Read it. The new state motto is "Deregulation may kill you, but we don't care."
 Fake Jobs Used to Trick Hospitals Into Giving Out Prescription Pain Pills: Workers' Comp Fraud Blotter. Read it and other news items.
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| job postings |
Defense Attorney. Bradford & Barthel is looking to add another attorney for our newest office in Los Angeles. Bradford & Barthel, a leader in Workers' Compensation Defense, is seeking dynamic, diverse candidates who thrive in an environment with multiple opportunities for growth. We offer competitive benefits in a collegial, diverse atmosphere. Contact sbradford@bradfordbarthel.com.
Dept. of Industrial Relations. $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 St., Ste. 600, Los Angeles, CA 90013, or by email to juribe@dir.ca.gov.
Associate Attorneys, Legal Assistants. Workers' Compensation defense firm located in Los Angeles (mid-Wilshire) is seeking associate attorneys, and legal assistants who can assist in Lien Negotiations. Some experience preferred but willing to train. Also, seeking Attorneys for Orange County office, located in Anaheim. Salary + Benefits include 401k, health and dental, parking, Profit Sharing. Please email your resume (PDF) via jvilla@hay-fel.com or via fax at 213-385-9511 Attention: Maribeth. |
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