California Banner 2012 Chess Board
Vol. 4, Issue 46

Find Solutions & Strategies                       November 18, 2013

lien marqueeLien Activation Fees Preliminary Injunction Issued
 
DWC won't collect lien activation fees as of Nov. 19
In This Issue
* LIEN ACTIVATION FEES
* VALDEZ AFFIRMED
* PANEL QME TAKE AWAYS
* SELF-INSURED CLAIMS
* CALIF. NEWS: SCIF shake up
* NAT'L WC CONFERENCE
* JOB POSTINGS
* eNEWSLETTER ARCHIVES

A Note From the Editor

Las Vegas sign 1

Dear Work Comp Community:      

 

This week I'll be in Las Vegas for the National Workers' Comp Conference. At the mental injuries seminar, Lex Larson is going to sing about Elvis' mental injuries to the tune of All Shook Up!

 

To receive our free eNewsletter, sign up here.

 

Sincerely,

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

National Conference This Week!

NWCDC 2013 logo    

Register and be sure to visit LexisNexis Booth #1753.

Enter our free raffle for the new publication Health Care Reform: Law and Practice.

 

Defense Attorneys: Don't Leave Your Clients in the Dark...Buy Now and Save $100

  

Teach them how  to control their workers' comp costs
Publisher: Amaxx Risk Solutions
    
lien activation fees

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 valdez

Richard JacobsmeyerSupreme 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.

panel qme take aways
David Bryan LeonardWhat to Consider Before Filing a Request for a Panel QME, by David Bryan Leonard, Esq. Speaking at the California Workers' Compensation Defense Attorneys' Association 2013 Winter Conference, counsel for the Division of Workers' Compensation James A. Fisher and defense attorney Yvonne E. Lang detailed the process for obtaining a panel QME from the Medical Unit. The first step is to consider whether you have a dispute that can be addressed by the QME process? Some issues are eligible for the QME process and others are not. Examples of ineligible issues include medical treatment disputes, utilization of MPNs, and the reasonableness of past treatment. Read more.
self-insured claims

CWCIInitial 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.

california news headlines
50 state workers' comp trends & legislation

Special Discount Price $79*; Books shipping now! 

 

"An excellent resource for tracking national and state trends..."

-Paul Salafia, Esq., Devine, Millimet & Branch, Manchester, NH

  

Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get: 

 

A 50 state survey at a glance of workers' comp-related legislation, including selected drug bills, with commentary from 27 defense attorneys, 16 claimant's attorneys, including California experts

 

In-depth analysis and insight on key issues, including exclusive remedy, medical marijuana, opt outs, Affordable Care Act & much more

 

Larson's Spotlight on interesting cases for 2013, written by Thomas A. Robinson

 

View the brochure & table of contents.

View sample pages.

Order online or contact Christine Hyatt:  ph. 937-247-8166;

Email: Christine.E.Hyatt@lexisnexis.com.

PROMO CODE: WCEIA

 

*Price does not include sales tax, shipping or handling. Price subject to change without notice. Discount cannot be combined with other offers. Expires 12/31/2013.

job postings
DEFENSE ATTORNEYS & LEGAL ASSISTANTS. Well established workers' compensation defense firm in Los Angeles seeks Associate Attorneys with at least 1 year Workers' Compensation experience. Excellent verbal and written communication skills. Must be pro-active. Salary + Benefits include 401K, health and dental, parking, profit sharing. Salary is competitive with bonus based on productivity. We are also looking for legal assistants to assist in secretarial, paralegal and mail room duties. Please email your resume to the attention of Maribeth at mdelacruz@hay-fel.com or send via Facsimile at (213) 385-9511. Hayford & Felchlin, LLP
 

DEFENSE ATTORNEYS. WC defense sole practitioner with Fortune 500 clients looking to add 1-2 associates for West LA office. Prefer 3-5+ years WC experience. Please fax resume and salary history to 310.348.8199. Law Offices of Jill Roderick

LAFinjunction, cont.
dismissing any lien for which an activation fee has not been paid prior to January 1, 2014, enforcing any issued emergency regulations or any final regulation implementing any provision of Lab. Code, � 4903.06, and taking any other action intended to effectuate or enforce any provision of Lab. Code, � 4903.06. See Angelotti Chiropractic, Inc. v. Baker, Civ. No. 8:13-cv-01139-GW-JEM (C.D. Cal.). See also DWC Newsline No. 80-13 (Nov. 15, 2013), in which the DWC announced it will no longer collect lien activation fees as of Nov. 19, 2013. However, as noted by the DWC, the fee for filing liens remains in effect. It remains to be seen if this interim order issued by the Federal District Court will be appealed by defendants to the Ninth Circuit Court of Appeals.

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.

November 11, 2013: WCAB Clarifies AMA Guides Sixth Issue.
LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.

Privacy & Security Copyright � 2013 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.