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A Note From the Editor | |
What constitutes a "material procedural defect" in a UR report, and how has the WCAB refined the definition since Dubon? Come July 26 to Long Beach for an update and a panel discussion about IMR and the most controversial En Banc of 2014. See box below.
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Sincerely,
LexisNexis Legal & Professional Operations
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Registration is Open!
Dealing With Dubon:
The En Bancs, Facts and
Friction of IMR. Plus,
Midyear Case Law Update.
Presiding Judge Paige Levy
Marina del Rey
Judge Craig Glass
Oxnard-Marina del Rey
Maurice Abarr, Esq.
attorney for Jose Dubon
Corey Ingber, Esq.
Dennis Thomas, Esq.
Saturday, July 26
Long Beach Grand Event Center
4 MCLEs. Whatever Happens
to Dubon, We'll Talk About It.
or call (310) 822-1955.
Presented by LawWorm.com, an
MCLE provider with the CA Bar. | |
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lien claimants' notice of representation under sb 863 |
WCAB seeks to rein in the insanity of ever-changing hearing reps and to maintain respect of the judicial process, but does the new rule raise equal protection arguments?
 Recent noteworthy panel decisions indicate a trend whereby the WCAB is strictly enforcing new Rule 10774.5, effective October 25, 2013, which was adopted in connection with Labor Code § 4903.6, part of the SB 863 reforms, requiring that lien claimants who are represented by an attorney or non-attorney must provide written notice, under penalty of perjury, to the WCAB and parties of (1) the full case caption, including the case adjudication number, to which the notice relates, (2) the lien claimant's full legal name, mailing address, and telephone number, and (3) the attorney or non-attorney's full legal name, mailing address, and telephone number, or the name of the former attorney or non-attorney representative where the lien claimant becomes self-represented...read more.
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lien claim disallowed for surgical hardware provided to pacific hospital of long beach |
WCAB disallows lien for surgical hardware based on admitted fraudulent activities of Michael Drobot and adverse inferences drawn against lien claimant including failure to produce documents of its ownership interests, fictitious business name statement and licensure
 In Olivas v. North American Plywood Corporation, 2014 Cal. Wrk. Comp. P.D. LEXIS - (Appeals Board noteworthy panel decision), the WCAB affirmed the WCJ's order disallowing lien claimant Access Mediquip's lien for surgical hardware allegedly provided to Pacific Hospital of Long Beach (owned by Michael Drobot at the time in question) and used in the applicant's 10/26/2009 spinal surgery. The WCJ's order was based, in part, on adverse inferences drawn by the WCJ against the lien claimant for failure to comply with a discovery order, including inferences that the lien claimant had a financial interest in providing surgical hardware to Pacific Hospital...read more.
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Post-traumatic stress disorder dilemma for workers' comp claims |
Doesn't the employer take employees as it finds them, susceptible to PTSD or not?
Thomas A. Robinson, JD, our Feature National Columnist, is a leading commentator and expert on workers' compensation law.
 In 2010, reacting to what is generally recognized as a significant national issue, Congress designated June 27 each year as National Post-Traumatic Stress Disorder Awareness Day. Indeed, according to estimates published by The National Center for Post Traumatic Stress Disorder, some 7.8 percent of Americans will experience post-traumatic stress disorder (PTSD) at some point in their lives. Women appear twice as likely to suffer from the condition than men...Because the employer generally takes the employee as it finds him or her, such that all the medical consequences and sequel that flow from the primary injury are compensable, employers, claims administrators, and insurers have begun to view...read more.
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Lien Claimants' Notice of Representation
Sexual Assault by Co-Worker Not Injury AOE/COE: Cal. Comp. Cases June Advanced Postings (6/25/2014). Lexis.com and Lexis Advance online subscribers can 
