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Find Solutions & Strategies December 9, 2013 |
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Valdez: Have Opinion Need Case
A prime example of judicial activism? |
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A Note From the Editor |
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Dear Work Comp Community:
How will Valdez be remembered in the years to come? Charles Clark, Esq. gives us his opinion on the matter.
Congratulations to this year's honorees for Top Blogs Workers' Compensation!
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Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
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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 | |
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valdez: have opinion need case |
Valdez: Have Opinion Need Case, by Charles Clark, Esq. Overlooked in the aftermath of the Supreme Court decision in Valdez v WCAB 2013 Cal. LEXIS 8902 (Cal.) issued on November 14, 2013, in which the Supreme Court and before that, the Court of Appeals, rejected the WCAB's attempt to impose an exclusionary rule barring all medical reports obtained outside of the medical provider networks in every proceeding, is the fact that it was a denied claim, making this case an improper one for any such ruling. Read more. |
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minimum contacts not sufficient |
Appellate Court Rules Minimum Contacts w/CA Not Sufficient for WC Benefits, by Richard M. Jacobsmeyer, Esq. The 2nd District Court of Appeal has issued a ruling reversing a finding by the W.C.A.B. that a professional athlete who played 1 of 34 games in California in her final year of playing professional sports was eligible for workers' compensation benefits. In Federal Insurance Co (Chubb) v W.C.A.B. (Johnson) the applicant, Adrianne Johnson, had a career as a professional basketball player between 1997 and 2004. Read more. |
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medicare set-aside panel decision |
This noteworthy panel decision will be added soon to the LexisNexis Services.
Settlements; C&R; Setting Aside; Medicare Set-Aside. WCAB affirmed WCJ's order approving compromise and release agreement settling applicant's workers' compensation claims for $225,883.23, and held that there was no ground to set aside order based on defendant's allegation of mutual mistake of fact in entering into "new money" settlement after defendant had already paid $119,170.72 in permanent disability advances, when WCAB found that...read more. |
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2013 top workers' comp blogs |
LexisNexis Top Blogs for Workers' Compensation and Workplace Issues - 2013 Honorees. Maneuvering the intersection between the workers' comp world and the information highway can be daunting. In the course of any given day, the attorney, risk manager, academic, or comp world decision-maker can be so bombarded with email, phone calls, pleadings, medico-legal reports, court opinions, OSHA studies, and the like that the thought of traversing yet another source for professional enlightenment is simply a bridge too far. Yet there are blogs "out there" with valuable information. Someone "out there" has likely posted some offering that can provide additional perspective on the issues at hand. If only you didn't have to wade through the thicket "out there" to find it. Read more. |
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california news headlines |
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lexisnexis newsroom blogs |
State Regulators Release 2014 California Workers Comp User Funding and Assessment Rates. Read it.
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50 state workers' comp trends & legislation |
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medicare set-aside, cont. |
...LC 5003(d) requires every compromise and release agreement to specify payments previously made and payments due to applicant under agreement, that here agreement did not include credit for permanent disability advances, that because settlement involved Medicare set-aside agreement, defendant could not have taken credit for permanent disability advances without applicant himself paying for portion of annuity purchased as part of Medicare set-aside, and that it was unlikely applicant's attorney would agree to such arrangement and, therefore, unlikely that compromise and release was entered into based on mutual mistake of fact.See Lowe panel decision. |
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