Vol. 6, Issue 45

Find Solutions & Strategies November 9, 2015

Defendant Bound by a Stipulation Due to Unilateral Mistake

In This Issue

* BOUND BY STIPULATION

* MPN TREATMENT LOCATION

* NEWS: Lien Activation Filing Fee Reinstated

* eNEWSLETTER ARCHIVES

A Note From the Editor

defendant bound by a stipulation due to unilateral mistake

WCAB affirms $11,000 windfall for in pro per applicant

In Garcia v. Oxnard School District, 2015 Cal. Wrk. Comp. P.D. LEXIS 492, the WCAB, affirming the WCJ's stipulated award, held that the defendant was bound by a stipulation that the applicant was entitled to permanent disability in the total sum of $36,570.00 based on the presumption that the applicant was entitled to the maximum permanent disability rate of $230.00 per week, notwithstanding that the parties had actually stipulated to the permanent disability rate of $188.40 per week with a 15 percent decrease pursuant to Labor Code � 4658(d). The WCAB found that the mistake in the calculation of the permanent disability sum was a unilateral mistake on the part of the defendant. Moreover, the defendant did not file a petition to...read more.

national workers' comp conference: visit lexisnexis booth #132

If you're attending the National Workers' Compensation & Disability Conference this week at Mandalay Bay, Las Vegas, please visit LexisNexis Booth #132 to receive a 20 percent discount on book purchases. See you there!

workers' comp emerging issues analysis, 2015 edition on sale now

We are pleased to present the 2015 Workers' Compensation Emerging Issues Analysis. With this third, annual edition, we offer a diverse collection of expert analysis, incisive commentary, interesting case summaries and legislative updates from all across our nation. Geared not just for practicing attorneys, this volume offers risk managers, insurance brokers and executives, claims adjusters, HR experts and academic researchers relevant insights, practice points, and other pertinent takeaways that will enhance your work. Act now to receive a 20 percent discount on the price for the book.

california compensation cases

Treatment at Different Location Not Considered Treatment Outside MPN: Cal. Comp. Cases Advanced Postings (11/3/2015). Lexis.com and Lexis Advance online subscribers can read it.

california news headlines

CA: Federal Judge Vacates Preliminary Injunction on Lien Activation Filing Fee.

CA: DWC Reinstating Lien Activation Fees on November 9.

CA: OSIP Posts Proposed Regulations, Announces Public Meeting.
CA: WCIRB Posts Report on SB 863 Cost Monitoring.

CA: WCIRB Posts Study of Geographical Differences in CA Work Comp Claim Costs.

CA: Cal/OSHA Wins Unprecedented Decision to Protect Workers From Indoor Heat.

CA: Cal/OSHA Proposes New Rules to Prevent Workplace Violence.

CA: DWC Opens Registration for 23rd Annual Educational Conference.

CA: DWC Accepting Nominations for 2016 Carrie Nevans Community Service Awards.

CA: Trial Date Set for Class Action Lawsuit on Uber Drivers' Employment Status.

A.M. Best: U.S. Workers Comp Performance Improves Despite Rate Softening.

Travelers, Hartford, AIG Rank as Top Three Workers Comp Insurers in 2014.

Shifting Trends of Prescription Opioids and Heroin Abuse in the US.

eNewsletter archives

Take a deep dive into our past eNewsletters for 2015 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

November 2, 2015: Constitutionality of IMR Upheld.
October 26, 2015: Multiple Carrier Cumulative Trauma.
October 19, 2015: Rebutting the DFEC Adjustment Factor: Ogilvie Revisited.
October 12, 2015: Calif. Saw 5 Percent Decrease in Medical Payments Per Claim in 2013.
October 5, 2015: Physical Injury That Is a Result of Work-Related Stress.
CLICK HERE TO ACCESS 2010-2015 ARCHIVES.

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