California Banner 2012 Chess Board
Vol. 4, Issue 49

Find Solutions & Strategies                       December 9, 2013

Valdez: Have Opinion Need Case
 
A prime example of judicial activism?
In This Issue
* VALDEZ: JUDICIAL ACTIVISM
* MINIMUM CONTACTS
* MEDICARE SET-ASIDES
* TOP BLOGS 2013
* CALIF. NEWS: DWC sets meetings re UR IMR
* USER FUNDING & ASSESSMENT RATES
* 50 STATE WORKERS' COMP TRENDS & LEGISLATION
* eNEWSLETTER ARCHIVES

A Note From the Editor

   

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!

 

To receive our free eNewsletter, sign up here.

 

Sincerely,

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

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
    
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.

minimum contacts not sufficient

Richard JacobsmeyerAppellate 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.

medicare set-aside panel decision

This noteworthy panel decision will be added soon to the LexisNexis Services.

 

California WCMSAsSettlements; 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.

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.

california news headlines
 lexisnexis newsroom blogs

CWCIState Regulators Release 2014 California Workers Comp User Funding and Assessment RatesRead it.

 

50 state workers' comp trends & legislation

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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

 

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MSAmedicare 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. 

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 [email protected].

December 2, 2013: Evidence-Based Medicine Can Be Hazardous to Your Health.
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