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Find Solutions & Strategies May 20, 2013 |
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The AME/PQME Quagmire on Determining Medical Necessity Post SB 863 |
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Launch Your Research With a Trusted Resource... |
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By James T. Stewart
Purchase each title at the LexisNexis Store or call toll free at 1-800-223-1940. |
A Note From the Editor |
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Dear Work Comp Community:
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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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ame/pqme quagmire |
The AME/PQME Quagmire on Determining Medical Necessity Post SB 863, by Robert G. Rassp, Esq. SB 863 has brought to us new laws and regulations that govern whether or not portions of medical opinion can be admissible before the WCAB at trial. A revolutionary part of SB 863 mandates that the opinions of treating and evaluating physicians are NOT admissible on the issue of medical necessity...Prohibiting admissibility at a WCAB trial of a doctor's opinion on medical necessity is one thing. There are other compelling reasons why all treating and evaluating physicians, AME and PQME physicians included, should comment on medical necessity in medical reports and in deposition testimony...read more. |
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a new twist on lien activation fees |
This noteworthy panel decision will be added soon to the LexisNexis Services.
Liens; Medical; Filing and Activation Fees. WCAB rescinded WCJ's order dismissing lien claimant's medical treatment lien for failure to submit proof of payment of $100.00 lien activation fee pursuant to Labor Code § 4903.06(a)(4), when WCAB found that, although lien claimant did not provide proof of activation fee payment at 2/20/2013 lien conference allegedly due to a mistake, lien claimant in fact paid lien activation fee on 2/19/2013 and lien was, therefore, not subject to dismissal under Labor Code § 4903.06(a)(4). See Zambrano 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 |
Balance of Liens Awarded Without Satisfying Kunz Requirements: Cal. Comp. Cases May Advanced Postings. Lexis.com and Lexis Advance subscribers can read it.
Benefits Review Board Update (May 2013), by Karen Koenig, Associate General Counsel, U.S. Dept. of Labor. Read it.
Husband Worked at Tanning Salon While Disabled: 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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