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Vol. 4, Issue 28

Find Solutions & Strategies                               July 15, 2013

Stethoscope Gavel
Lien Activation Fee When Case in Chief Is Pending
 
WCAB panel provides more guidance on compliance and best practices
In This Issue
* ACTIVATION FEE
* MEDICAL RECORDS
* LAW360 NEWS
* NEWSROOM BLOGS: Cumulative Trauma, Tinnitus, Fraud
* CALIF. NEWS: Zurich Settlement
* JOB POSTINGS
* eNEWSLETTER ARCHIVES

 A Note From the Editor

Robin Kobayashi 2010   

Dear Work Comp Community:     

 

In this week's issue, we are featuring two noteworthy panel decisions involving liens.

 

Be sure to check out the tinnitus article written by Steven M. Birnbaum, Esq.

 

If you don't already receive this free eNewsletter, sign up here.  

 

Sincerely,

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

Law360: Get Breaking News

Law360

 

 
activation fee when case in chief is pending

A WCAB panel has provided more guidance on SB 863 compliance and best practices for lien activation fees...

 

Liens; Filing and Activation Fees. WCAB, affirming WCJ, held that lien claimant was not excused from filing lien activation fee under LC 4903.06 on basis that lien conference was inappropriately set before underlying case was resolved, and found that lien claimant should have appeared and paid activation fee even for improperly scheduled conference, and that lien claimant's failure to appear and failure to pay activation showed a complete disregard for WCAB's authority and for provisions of Rules 10562 and 10770.1(d). See Garibay panel decision.

service of medical records to non-physician

A WCAB panel has provided guidance on the issue of service of medical records to a non-physician...

 

Liens; Procedural Requirements; Petition for Medical Records. WCAB, granting removal, held that non-physician lien claimant who wished to obtain applicant's medical records was required under LC 4903.6(d), effective 1/1/2013, to file a petition specifying medical information to be provided and relevance of information to proof of reasonableness and necessity of services that were subject of lien, and that WCJ correctly declined to set lien trial when lien claimant had not filed requisite petition. See Valiente panel decision.

law360 news headlines
Lexisnexis legal newsroom workers' comp blog posts

Cal Comp CasesJoint and Several Award Against Multiple Defendants in Cumulative Trauma Case: Cal. Comp. Cases July Advanced Postings (7/11/2013). Lexis.com and Lexis Advance subscribers can read it  

 

 

 

Cal Comp CasesCal. Comp. Cases June Issue CCC cites now available. Lexis.com and Lexis Advance subscribers can read it.

 

 

 

 

StevenBirnbaumInjury to the Ear, Tinnitus: Is it More of an Injury Than We Think? Are We Missing Something Here? by Steven M. Birnbaum, Esq. Read it.

 

 

 

  

Fraud SignWorkers' Comp Fraud Blotter - If you can't deliver the mail, you can't deliver the pizzaRead it and other news items.

california & national news headlines

CA: CDI Announces Settlement With Zurich re Improper Use of WC Insurance Agreements.

CA: Baker Approves Alternative Security Program, Frees Up $7.7B to Support Business.

CA: Lawmakers Reach Compromise on Pro-Athlete Workers Comp Bill.

CA: Dodgers, Giants Back Limitations on Pro Athlete Workers Comp.

CA: WCAB Issues 15-Day Notice re Modified Proposed Amendments to WCAB Rules.

CA: WCIRB to Roll Out Phase 2 of STAR Operating System.

Workers Compensation Analysis Group Reaches 20,000 Members on LinkedIn.

Fitch: WC Insurance Market Improving, Expected to Lead to Robust Revenue Growth.

ALLSUP Study Examines Injury and Illness Cases Using a Cross-State Comparison.

GAO Releases July 2013 Report on Federal Employees' Compensation Act.

House Committee Questions DOL's Proposals for FECA Reform.

MSHA 2012 Data Shows Lowest Mining Death and Injury Rates.

NIOSH Study Examines Effectiveness of Security Measures for Taxi Cab Drivers.

CDC Study Examines Overdose Deaths Among Women 1999-2010.

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.

 

Immediate Opening for a Workers' Compensation Applicant's Attorney. Sprenkle & Georgariou, LLP is seeking an entry-level to mid-level attorney with workers' compensation experience to join our firm which represents injured workers.  The ideal candidate will have a minimum of one to two years of workers' compensation experience including cross-examination of physicians, trials and appellate work.  Strong written and verbal communication skills are necessary.  Bilingual Spanish-English is helpful but not necessary.  Salary is commensurate with education and experience. If you are interested, please provide your resume and salary history to our office manager Merelyn Sprenkle at msprenkle@redshift.com, with a copy to the undersigned at mpgesq@gmail.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.

July 8, 2013: Top 25 Noteworthy Panel Decisions (Jan-June 2013).
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