Vol. 7, Issue 20

Find Solutions & Strategies May 16, 2016

The Compromise and Release and the Hidden Glitches of "Paragraph 3"

In This Issue

* COMPROMISE & RELEASE

* PSYCHIATRIC INJURY

* SSDI & WC INTERACTION

* WCAB JOB OPENING

* NEWS: New Search Tool for IMR Decisions

* eNEWSLETTER ARCHIVES

A Note From the Editor

the compromise and release and the hidden glitches of "paragraph 3"

Some lessons for drafting of C&R's to avoid unexpected glitches in case resolution

After a Compromise and Release (C&R) has been drafted, executed and approved, it is common for parties to feel confident that they have resolved all relevant issues in a case. Defendants proceed to close out their files and move on, only to be unpleasantly surprised a while later, when applicant files a claim for an injury, an injury that defendants were certain had already been settled by the C&R. How could that happen? A review of certain recent WCAB Noteworthy Panel Decisions (NPD) shows exactly how that might happen. They provide lessons for future drafting of C&Rs to avoid these unexpected glitches in case resolution...read more.

california compensation cases

Applicant's Two Injuries Combined Met Requisite 51 Percent Causation Standard for Compensable Psychiatric Injury: Cal. Comp. Cases May Advanced Postings (5/10/2016). Lexis.com and Lexis Advance online subscribers can read it here.

does long-term strength of the ssdi trust fund depend upon changes to state workers' comp programs?

Part of SSDI's Fiscal Weakness Tied to Cost Shifting From Workers' Compensation

By Thomas A. Robinson, J.D., workcompwriter.com

In an important recent paper, Professor John Burton and his colleague, Steve Guo, argue that significant fiscal improvements to the Social Security Disability Insurance (SSDI) Trust Fund could be achieved by addressing one of SSDI's core problems: the way it interacts with state workers' compensation (WC) programs [see Burton, John F., Jr. and Guo, X. "Improving the Interaction Between the SSDI and Workers' Compensation Programs," SSDI Solutions: Ideas to Strengthen the Social Security Disability Insurance Program, The McCrery-Pomeroy SSDI Solutions Initiative, a project of the Committee for a Responsible Federal Budget, 2015]....read more.

wcab job opening

The Workers' Compensation Appeals Board, Office of the Commissioners, seeks candidates to fill a full-time staff attorney position.

INDUSTRIAL RELATIONS COUNSEL III (SPECIALIST)

$8,032.00 - $10,305.00 salary plus benefits...read more.

california news headlines

CA: DWC Announces New Search Tool for Independent Medical Review Decisions.

CA: DWC Announces Appointment of Dr. Raymond Meister as Executive Medical Director.

CA: DWC Announces Appointment to Ethics Advisory Committee.

WCRI Publishes New Study on Ambulatory Surgery Centers.

FDA Issues Three New Draft Guidances for Compound Drugs.

EEOC Issues New Guidance on Employer-Provided Leave, ADA.

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.

May 9, 2016: Labor Code Section 4662 and Vocational Experts.
May 2, 2016: Does Violation of the QME Regulations Make a Report Inadmissible?
April 25, 2016: IMR Reviewer's Conclusion Contradicted by Own Summary of Case.
April 18, 2016: More UR Timeliness Nuances Decided by WCAB Panel.
April 11, 2016: Another Hurdle for Lien Claimants.
CLICK HERE TO ACCESS 2010-2015 ARCHIVES.

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