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Vol. 4, Issue 20

Find Solutions & Strategies                                May 20, 2013

Legal QuagmireThe AME/PQME Quagmire on Determining Medical Necessity Post SB 863
In This Issue
* AME/PQME QUAGMIRE
* LIEN ACTIVATION FEE
* BLOG POSTS: Liens, BRB, Fraud
* NEWS: WC premium growth
* JOB POSTINGS
* eNEWSLETTER ARCHIVES

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Work Comp Index  

By James T. Stewart
  
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A Note From the Editor

Robin Kobayashi 2010  

Dear Work Comp Community:     

 

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Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
Medical Report Seminar
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Essential Guide to Writing Medical Reports; Meeting Post SB 863 Standards
  
Instructor: WCJ Colleen Casey
  
June 1-2, 2013
  
Camarillo, CA
  
ame/pqme quagmire

Robert Rassp grayThe 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.

a new twist on lien activation fees

This noteworthy panel decision will be added soon to the LexisNexis Services.

  

Sneak PeekLiens; 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 WCAB rescinded WCJ's order dismissing lien claimant's medical treatment lien for failure to submit proof of payment of $100.00 lien activation fee pursuant to Labor Code §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).

 lexisnexis blog posts

Cal Comp CasesBalance of Liens Awarded Without Satisfying Kunz Requirements: Cal. Comp. Cases May Advanced Postings. Lexis.com and Lexis Advance subscribers can read it. 

 

 

Longshore RopeBenefits Review Board Update (May 2013), by Karen Koenig, Associate General Counsel, U.S. Dept. of Labor.  Read it

 

 

 

   

Fraud SignHusband Worked at Tanning Salon While Disabled: Workers' Comp Fraud Blotter. Read it and other news items.

neWS HEADLINES
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.

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.

May 13, 2013: Apportionment, Conclusive Presumptions and LC 4662 (Part 2 of 2).
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