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A Note From the Editor |
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LexisNexis Legal & Professional Operations
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New Approaches to Litigating Medical Treatment Disputes
After Dubon II
Presenters: WCJ Sharon Velzy, WCJ Craig Glass, Maurice Abarr (attorney for Jose Dubon), Corey Ingber, Dennis Thomas
4 MCLEs, $245 pre-register, $270 at door.
Saturday, Nov. 1, 9 a.m. - 1:30 p.m.
Airtel Hotel & Plaza, Van Nuys
Free parking, continental breakfast
Register online at Lawworm.com, or call 805/233-2997 - 310-822-1955. |
| Attn: Risk Managers, Insurance & HR Professionals, Attorneys |
2014 EDITION NOW SHIPPING
50 State WC Legislation
Larson's Spotlight on Cases
Expert Analysis & Commentary
Purchase now at special discount rate of $79.50 + tax + shipping
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psychiatric compensable consequence as a new and further injury |
Includes commentary by Robert G. Rassp, Esq.
 In Woodward v. Tri Corp Construction, 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel, affirming the WCJ, found good cause existed under Labor Code § 5410 to reopen the applicant's 1/26/2011 Stipulated Award and to find that the applicant sustained a psychiatric injury as a compensable consequence of admitted 6/6/2009 orthopedic injuries. Contrary to the defendant's assertion, the applicant's claim for psychiatric injury was not barred by the doctrine of res judicata or on the basis that the applicant knew of, but failed to allege, a psychiatric injury at the time the Stipulated Award was issued. The WCAB concluded that a psychiatric injury is not...read more.
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wcab panel issues a new post-dubon ii decision |
When UR determination is untimely, no portion of the UR determination could be relied on to deny medical treatment
In Korn v. Entertainment Partners, 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel affirmed a WCJ's finding that an applicant, who was employed as a craft services person, suffered an industrial injury to her low back and right shoulder on 5/4/2010 and was entitled to medical treatment in the form of "L4-L5 and L5-S1 and anterior interbody fusion with cage and allograft and L4-L5 and L5-S1 posterolateral fusion with screws and allograft" as recommended by her primary treating physician, Dr. John Larsen. The WCAB held that, because the defendant's utilization review was untimely...read more. |
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parting advice from a presiding judge |
By Rob McCarthy
 Norm Delaterre, the soft-spoken presiding judge who's retiring from the Santa Ana board at the end of October, made time recently to counsel attorneys on how not to tick off Orange County judges. Speaking at an Oct. 11 continuing legal education seminar, he gave a starting point. "Know your case," he told Orange County practicing attorneys, and "be familiar with the expert medical evidence that both support and undermine your contentions." Don't come to a MSC or expedited hearing not knowing the findings and recommendations that are...read more.
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national workers' compensation and disability conference, nov. 19-21, 2014 |
 Get firsthand insights from respected attorneys including Brad Bleakney, Lex K. Larson, Richard Lenkov, Jennifer C. Jordan, Thomas A. Robinson and many more at the National Workers' Compensation & Disability Conference®. Plus, you'll earn CLEs just by attending. Best of all, you get a special discount: $325.00 off the standard rate. You attend NWCDC for only $995 by registeringwith Promo Code LNL by Nov. 3.
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Psychiatric Compensable Consequence as a New and Further Injury
Vexatious Litigant's Documents Deemed Conditionally Filed