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Find Solutions & Strategies August 5, 2013 |
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Changes to FEHA Pose Liability Risks in Workers' Comp Cases |
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A Note From the Editor |
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Dear Work Comp Community:
In this week's issue, Elizabeth Stonhaus, Esq. analyzes recent changes to FEHA.
What happens when a medical provider bills using two different names? See the confusion that resulted in the Inniss decision.
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Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
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Law360: Get Breaking News |
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feha changes |
Changes to FEHA Pose New Liability Risks in Workers' Compensation Cases, by Elizabeth Ashley Stonhaus, Esq., Schmit Law Offices. Employers face increasing liability in the wake of California's 2013 amendments to its disability discrimination regulations, since the provisions have contributed to a growing overlap between liability under the Fair Employment and Housing Act (FEHA) and the California Workers' Compensation Act. By expanding the definition of "disability" under the FEHA and even going so far as naming one step in the workers' compensation claim procedure a trigger for the FEHA's required "interactive process," the amendments have dramatically widened the door for industrially injured workers looking for additional protection under the FEHA. Read more.
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two liens, two fees, ONE PROVIDER |
This noteworthy panel decision will be added soon to the Lexis Services.
Liens; Filing and Activation Fees. WCAB rescinded WCJ's order dismissing lien claimant's lien pursuant to LC 4903.06 for failure to pay lien activation fee prior to lien conference, when (1) lien claimant filed two liens, one in each of applicant's two consolidated cases, (2) liens were filed on behalf of a single medical provider billing under two different names, (3) lien claimant paid activation fee on one lien but it was unclear from record if fee was timely paid, and (4) while noting that payment of two activation fees was required if lien claimant intended to file two separate liens, WCAB remanded matter to WCJ to address confusion in the record surrounding payment of lien activation fee, and representation of lien claimants. See Inniss panel decision. |
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Lexisnexis legal newsroom workers' comp blog posts |
Delivery Driver as Independent Contractor Under S.G. Borello Factors: Cal. Comp. Cases August Advanced Postings (7/30/2013). Lexis.com and Lexis Advance subscribers can read it.
Workers' Comp Fraud Blotter - NCIS Helps Prove Fraud by Civilian Navy Employee. Read it and other news items.
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california & national news headlines |
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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.
Department of Industrial Relations (DIR). $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 NoCal 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, 1515 Clay Street, Ste. 701, Oakland, CA 94612, Or by email to vwilferd@dir.ca.gov.
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. |
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