SPECIAL ALERT: A federal district court has issued a preliminary injunction enjoining defendants, California Department of Industrial Relations, as of Nov. 19, 2013, from enforcing the lien activation fee provisions of SB 863, codified at Lab. Code, � 4903.06, against any workers' compensation lien holder, including subjecting any existing workers' compensation lien holder to a lien activation fee, requiring or collecting payment of any activation fee on any existing lien, requiring any lien claimant to provide proof of payment of a lien activation fee with any declaration of readiness to proceed, requiring any lien claimant to provide proof of payment of a lien activation fee at the time of any lien conference, dismissing any lien for failure to pay an activation fee by the time of any lien conference,...read more.

Supreme Court Affirms COA in Valdez, by Richard M. Jacobsmeyer, Esq. The Supreme Court has issued its long awaited ruling in the W.C.A.B. en banc decision (titled Valdez v W.C.A.B. in the Appellate Courts) regarding the admissibility of medical reports obtained by applicants under Labor Code � 4605. The W.C.A.B. in its decision had rule such reports to be not admissible. The W.C.A.B.'s decision was reversed by the Court of Appeal in but with the Supreme Court granting defendant's Petition for Hearing, this issue has been up in the air till now. One of the issues the Supreme Court has had to address is the impact of the amendments to the Labor Code section it was examining that became effective with SB 863...Read more.

Initial Data on 2012 Private Self-Insured Claims Show Stable Claim Frequency, Declining Severity, by CWCI. Workers' compensation claim frequency among California's private self-insured employers showed almost no change in 2012 as a slight increase in the incidence of medical-only claims was offset by a slight reduction in indemnity claim frequency according to a California Workers' Compensation Institute (CWCI) analysis of data compiled by the state Office of Self-Insurance Plans (OSIP). OSIP's annual summary of private self-insured data, released October 30, provides the first snapshot of California private, self-insured claims experience for cases reported in 2012, including the total number of covered employees, medical-only and indemnity claim counts, and total paid and incurred losses on those claims through the end of the year. The latest summary reflects...Read more.

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