Vol. 7, Issue 4

Find Solutions & Strategies January 25, 2016

Defendant Found Responsible for EDD Lien

Lien Not Resolved Prior to Approval of C&R

In This Issue

* EDD LIEN; EFFECT OF C&R

* PSYCHE CLAIM

* OPT OUT DISCONNECT

* NEWS: $62B in U.S. workers' comp costs

* eNEWSLETTER ARCHIVES

Workers' Compensation Index

defendant found responsible for edd lien

Lien not resolved prior to approval of Compromise & Release

In Borbeck v. ACE Building Maintenance, 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ's order requiring the defendant to pay EDD $33,921.68 in satisfaction of EDD's lien for unemployment compensation paid to the applicant. The WCAB found that unemployment compensation payments made by EDD during the period 9/8/2012 through 8/29/2013 were duplicative of temporary disability payments the applicant received during that period. The WCAB further found that because the defendant settled the applicant's case by way of a Compromise and Release Agreement without addressing EDD's outstanding lien, the defendant expressly agreed, pursuant to LC 4904(e), to defer the lien for subsequent trial and to pay any amount of EDD's lien found due. The WCAB explained that...read more.

A Note From the Editor

opt outs to workers' compensation

The Real Disconnect in What Is Being Said and What Is Being Implemented

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC

The National Workers' Compensation and Disability Conference generally serves as a pretty good barometer of what the industry focus will be in the upcoming year and it is evident that 2016 will be all about opt-out. Given that it was mentioned, even if only in passing, in many sessions during the conference, it is clear that the concept of opt-out has gained momentum throughout the nation and could become a reality in more and more states very soon. And while utopian pictures are being painted by proponents of the movement, the realities of what was accomplished in Oklahoma are coming to light and those outcomes have not been ideal for injured workers...read more.

california COMPENSATION CASES

Good-Faith Personnel Action Defense Barred Police Officer's Psyche Claim: Cal. Comp. Cases January Advanced Postings (1/20/2016). Lexis.com and Lexis Advance online subscribers can read it.

california news headlines

CA: Governor Reappoints Jack Neureuter to SCIF Board of Directors.

CA: CHSWC's Next Meeting Scheduled for 2/19/2016.

CA: DWC Posts More Changes to OMFS (Physician/Non-Physician Practitioner Services).

Injured Worker Left Out in the Cold by ERISA Surviving on Social Security Disability.

Liberty Mutual Workplace Safety Index 2016 Reports $62B in U.S. Workers Comp Costs.

USDOL Issues Guidance on Joint Employment Under FLSA, MSPA.

News Investigation: Temp Agency Workers Reveal Discriminatory Practices.

Marsh Posts Top 10 List for U.S. Casualty Market in 2016.

Sedgwick Identifies Key Areas Impacting Businesses in 2016.

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.

January 19, 2016: Utilization Review: Prospective vs. Retrospective Review.
January 11, 2016: Rating Eye Impairments Using the AMA Guides.
January 4, 2016: Top 25 Noteworthy Panel Decisions July-Dec. 2015.
December 14, 2015: 2015 Year in Review.
December 7, 2015: The Limited Use of Vocational Rehabilitation Evidence.
CLICK HERE TO ACCESS 2010-2015 ARCHIVES.

LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.