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Vol. 4, Issue 29

Find Solutions & Strategies                               July 22, 2013

Death BenefitDeath Benefits for Minors
 
The recent trend of "special" death benefits for dependent children
In This Issue
* DEATH BENEFITS
* LIEN ACTIVATION FEE
* LAW360 NEWS
* NEWSROOM BLOGS: Off duty police officer, Hospital premiums, WC fraud
* CALIF. NEWS: Revised RAND paper re proposed OMFS rulemaking
* JOB POSTINGS
* eNEWSLETTER ARCHIVES

 A Note From the Editor

Robin Kobayashi 2010   

Dear Work Comp Community:     

 

In this week's issue, we discuss the recent trend regarding "special" death benefits for dependent children.

 

Be sure to check out our summary of WCRI's recent study on hospital premiums charged for treating injured workers.

 

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

 

 
death benefits for minors

Kids ChanceDeath Benefits for Minors. It's always tragic when a work injury results in the death of an injured worker. But such a loss is made even more poignant when the worker leaves behind a family with small children. With the paycheck from the deceased injured worker now gone, the primary concern becomes who will provide for the injured worker's children? The benefit for deaths occurring after January 1, 2006, in the case of three or more dependents, is capped at $320,000. However, for minor dependent children, once this amount is paid, they are entitled to an additional "special" death benefit until the youngest child reaches the age of 18. Read more.

lien activation fee: declarations

In this recent decision, which will appear soon on the Lexis services, the WCAB panel has provided the first interpretation of LC 4903.8(d) regarding the requirement of declaration under penalty of perjury ...

 

Sneak PeekLiens; Filing and Service; Declarations. WCAB rescinded WCJ's finding that lien claimant met burden of proof on its lien for medical services provided to applicant, and remanded matter to allow lien claimant an opportunity to provide a declaration compliant with LC 4903.8(d) regarding its services and billing, when WCJ admitted into evidence three exhibits submitted by lien claimant that were not accompanied by declaration under penalty of perjury as required by LC 4903.8(d), but WCAB found that LC 4903.8(d) was ambiguous in that it did not provide a mechanism for WCJ to deny or dismiss a lien when no declaration or a defective declaration was filed and, therefore, that lien should be deferred pending submission of declaration. See Moreno panel decision.

law360 news headlines
Lexisnexis legal newsroom workers' comp blog posts

Cal Comp CasesOff Duty Police Officer Injured in Capacity as Officer: Cal. Comp. Cases July Advanced Postings (7/18/2013). Lexis.com and Lexis Advance subscribers can read it. 

 

  

 

HospitalNew Study: Premiums Charged by Hospitals for Treating Workers' Comp Claimants. by John Stahl, Esq. Read it.

 

 

  

  

Fraud SignWorkers' Comp Fraud Blotter - Injured Truck Driver Double-Dipped as Taxi DriverRead it and other news items.

california & national 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.

 

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 15, 2013: Lien Activation Fee When Case in Chief Still Pending.
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