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Vol. 4, Issue 25

Find Solutions & Strategies                               June 24, 2013

Dollar Button SizedLien Filing Fees and Multiple Case Numbers
 
WCAB panel applies AD Rule 10208
In This Issue
* LIEN FILING FEES
* JURISDICTION & FOOTBALL
* CHSWC MEETING NOTES
* BLOG POSTS: Serious & Willful Misconduct by Employer, WC Fraud
* NEWS: Return to Work Fund clarification
* JOB POSTINGS
* eNEWSLETTER ARCHIVES

A Note From the Editor

Robin Kobayashi 2010  

Dear Work Comp Community:     

 

Congratulations to Judge Ralph Zamudio for being selected Judge of the Year by the State Bar of California, Workers' Compensation Section Executive Committee.

 

Also, congratulations to Kenneth B. Peterson on his appointment to the Workers' Compensation Ethics Adivsory Committee. 

 

Sincerely,

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

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lien filing fees & case numbers

David Bryan LeonardLien Filing Fees and Multiple Case Numbers: WCAB Panel Applies AD Rule 10208, by David Bryan Leonard, Esq. Workers' compensation injuries can occur from a specific incident or be caused by cumulative events. (Labor Code Section 3208.1. When multiple injuries are alleged, a separate Application for Adjudication must be filed.(AD Rule 10401) Each separate injury, and accompanying Application for Adjudication of Claim, is assigned an individual case number (AD Rule 10400). For lien claimants, a service subject to a Labor Code Section 4903 lien may involve one or more case numbers. As a result, lien claimants subject to the lien activation fees may be faced with the dilemma of multiple case numbers. Read more.

jurisdiction & FOOTBALL PLAYERS

Richard JacobsmeyerW.C.A.B. Rules on Labor Code § 3600.5(b) Exemption, by Richard M. Jacobsmeyer, Esq. The W.C.A.B. has once again entered the hot button world of professional sports with another en banc decision, this time addressing the issue that it punted upon in the recently issued McKinley v. Arizona Cardinals decision (punted as the issue was not ripe for decision in this matter). In the current case Carroll v. Cincinnati Bengals, et al., the W.C.A.B. addressed the application of Labor Code §3600.5(b) and whether an employer could establish itself as entitled to assert workers' compensation coverage in its home state rather than being required to provide benefits under the Labor Code in California. Read more. 

chswc meeting notes

Julius Young thumbnailNotes From CHSWC, by Julius Young, Esq. The California Commission of Health, Safety and Workers' Compensation held its first 2013 meeting this past Thursday. Here's a thumbnail sketch of some of the more interesting tidbits discussed: Christine Baker, Director of the California Department of Industrial Relations, stated that the DIR is thriving despite resource limitations. She noted that the DWC is examining ways to reduce the backlog in assigning QMEs. Baker noted that using "overtime" to reduce the backlog is a short term fix and that there needs to be regulatory and technological fixes, though she also referenced redirecting staff resources. Read more.

lexisnexis blog posts

Cal Comp CasesDrunk Co-worker Created Danger of Serious Injury: Cal. Comp. Cases June Advanced Postings. Lexis.com and Lexis Advance subscribers can read it.

 

 

 

 

Fraud SignWorkers' Comp Fraud Blotter: Base Stealing Former Cop Rounds Third and Heads for Home in Jail.  Read it and other news items. 

news headlines

CA: AB 76 Would Make RTW Fund Apply to Injuries On or After 1/1/2013.

CA: CHSWC Posts Briefing on AB 1373 Safety Officer Cancer Death Benefit.

CA: CHSWC Posts Study re Access to Medical Treatment for Injured Workers.

CA: Worker Occupational Safety and Health Posts June 2013 Report.

CA: DWC to Hold Hearing for RBRVS-based Physician Fee Schedule.

CA: DWC Appoints Kenneth B. Peterson to Workers Comp Ethics Advisory Committee.

CA: WCIRB Summarizes Highlights of Industry Results, SB 863 Discussion.

CA: WCIRB Posts Presentation re Calif Work Comp System.

CA: AB 1309 Will Force Injured Workers to Seek SSD, Medicare Treatment.

Fitch Reports Underwriting Results Expected to Improve for US Workers Comp Market.

Expert Claims Federal Workers' Comp Fraud "Rampant".

AMA Recognizes Obesity as a Disease.

Traveling Employees and Use of Foreign Voluntary Workers Comp Policies.

WCRI Study Finds Hospitals Paid $2K or More for Surgeries for Injured Workers.

AIA Applauds CMS' Delay of ICD-10 Implementation Date.

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.

 

Workers' Compensation Attorneys Wanted for Immediate Hire (3435 Wilshire Blvd. #2200 LA CA 90010). 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 3 or more years 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 to jobs@younessilaw.com: Resume, salary history, and writing sample.

 

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.

June 17, 2013: Admissibility of a Social Security Disability Award in a WC Case.
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