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Vol. 4, Issue 32

Find Solutions & Strategies                            August 12, 2013

Magnifier URUR and the Five Day Rules
 
Watch out!
In This Issue
* UR & FIVE DAY RULES
* PTD AWARD REVERSED
* OBESITY & THE AMA
* LAW360 NEWS
* NEWSROOM BLOGS: McKinley en banc, Industry blogger debate, WC fraud
* CALIF. NEWS: Proposed 3.4% pure premium rate increase
* JOB POSTINGS
* eNEWSLETTER ARCHIVES

 A Note From the Editor

Mac L    

Dear Work Comp Community:     

 

This issue is dedicated to Macaroon, my trusty Jack Russell (3/2/1998-8/9/2013) and our eNewsletter mascot.

 

Like the dew on the mountain, Like the foam on the river, Like the bubble on the fountain, Thou art gone, and forever!

 

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

 

 
ur and the five day rules

Mark KahnUR and the Five Day Rules (Watch Out!), by Mark L. Kahn (Associate Chief Judge retired), Arbitrator/Mediator/Attorney-Altman, Lunche & Blitstein. Utilization review under the new Independent Medical Review process begins with the receipt by the claims administrator of a written "Request for Authorization for Medical Treatment" (DWC Form RFA) for a specific course of proposed medical treatment. The request can be received (see Rule 9792.1(a)(1), (2) for definition of when received) by fax, e-mail, mail, or orally (telephone) followed by a written request using the RFA, and the form shall be clearly marked at the top that it is a written confirmation of an oral request. (Rules 9785(g), 9792.6.1(t), 9792.9.1(a), and 9792.9.1(a)(1)(3)) Read more.

ptd award reversed

Richard JacobsmeyerAppellate Court Publishes Opinion Reversed PTD Award Without Apportionment, by Richard M. Jacobsmeyer, Esq. The Court of Appeal 1st District) has issued an opinion reversing a 100% award for an employee where the Court determined the WCJ and W.C.A.B. ignored substantial evidence of apportionment and remanded the case back to the W.C.A.B. to more fully consider that specific issue. In Acme Steel v W.C.A.B. (Borman) the applicant filed a claim for multiple body parts and was evaluated by AME physicians in orthopedics, neurology and otolaryngology (hearing loss). The hearing loss evaluation, which is the only condition discussed in the appellate opinion, reported the employee had a 100% loss of hearing which was related in part to employment (60%) and in part to non-occupational factors.Read more.

ama reclassification of obesity

CWCICWCI Research Examines Effect of AMA's Reclassification of Obesity on California Workers' Comp. A new California Workers' Compensation Institute (CWCI) report suggests that the number of work injury claims involving obesity could increase sharply, along with the associated costs, following the recent vote by the American Medical Association (AMA) to reclassify obesity as a treatable disease. Read more.

law360 news headlines
Lexisnexis legal newsroom workers' comp blog posts

Cal Comp Cases4th DCA Rejects Appeal of McKinley En Banc Decision: Cal. Comp. Cases August Advanced Postings (8/7/2013). Lexis.com and Lexis Advance subscribers can read it.
 

 

 

Cal Comp CasesCalifornia Workers' Comp Cases Roundup (8/10/2013). The CCC cites for the July issue of Cal. Comp. Cases are now available. Read it.

 

  

 

 

Blog signIndustry Bloggers Debate the Workers' Comp System. Robert Rassp, David DePaolo and others speak at the recent CCWC Annual Conference. Read it.

 

 

 

    

  

Fraud SignWorkers' Comp Fraud Blotter - Purchasing Insurance After Indictment Could Not Repair the Damage at This Auto Repair ShopRead 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.

 

New ButtonDepartment 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.

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.

August 5, 2013: Changes to FEHA Pose Liability Risks in WC Cases.
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