Newsletters
July 2023
April 2023
- QME Panel issues – Valid objections sufficient to trigger the QME Panel process, Replacement panels and Romero
- New Developments in Case Law Provide Direction on Establishing an Applicant’s Date of Injury under Labor Code §5412
- Statute of Limitations Does Not Bar Amending a Specific Injury to a Cumulative Injury by Application of the Relation Back Doctrine
January 2023
October 2022
July 2022
April 2022
January 2022
October 2021
July 2021
April 2021
January 2021
October 2020
July 2020
April 2020
January 2020
October 2019
- Majority Panel Decision Shows the Statute of Limitations Does Exist
- Vocational Rehabilitation Expert Witness Reports and Liability for Fees
- Labor Code Section 4610 Clarified: Saturdays Are Not Considered Working Days
- New California Bill Amends Labor Code to Redefine “serious injury or illness” in regards to the Standard for Investigation of an Employee for Possible OSHA violation.
July 2019
April 2019
- Failure to Set an Appointment with a Selected PTP is Not a Denial of Care
- Long Term Antibiotic use may be Considered Insidious Disease Process Extending WCAB Jurisdiction
- Ratings for the Spine: When is it Appropriate for a PQME to Utilize Range of Motion Method?
- Beyond Conditions Essential for Intoxication Defense
January 2019
October 2018
July 2018
April 2018
January 2018
- New Laws for 2018
- Is an Applicant Entitled to a Labor Code §5814 Penalty for Late Supplemental Return to Work Payments Made by the Administrative Director Due to Delay Caused by the Defendants?
- Priority Conferences and Expedited Hearings
- Medical Treatment Utilization Schedule: New Regulations for Drug Formulary
- Understanding Subrogation
October 2017
July 2017
April 2017
January 2017
October 2016
July 2016
April 2016
January 2016
October 2015
- The Vocational Rehabilitation Expert Witness Pendulum Swings Again
- Medical Marijuana Can Be Considered Reasonable Medical Care
- Prescription Formulary is on the Horizon for California Workers’ Compensation
- BEWARE: Applicant Entitled to MULTIPLE Supplemental Job Displacement Vouchers Under Labor Code §4658.5 and §4658.7
- California Fair Pay Act
July 2015
April 2015
- Requirement of Further Developing the Record For A Complete Medical History: Am Kang
- Down But Not Out: The Potential for Tolling of a Statute of Limitations
- Knowledge of the Law Trumps AME Opinion
- When in Doubt Offer Regular, Modified, or Alternative Work: Understanding Labor Code Section 4658
- Is Labor Code § 4662(b) Subject to Apportionment?
January 2015
October 2014
- Not so fast, The Workers’ Compensation Appeals Board Rescinds Dubon I and Issues New Determination
- [Overturned] Dubon: WCAB Involvement for Procedurally Deficient Utilization Review
- California Mandates Paid Sick Leave
- Vocational Rehabilitation Expert Opinion and Apportionment
- Extended Shift for Correctional Officer not Extraordinary in Denial of Death Benefits
- Returning Employees Back to Work – Common Mistakes
July 2014
April 2014
January 2014
October 2013
- Interpreter Liens for Medical Treatment: A Case Review
- Yogurt, Yoga and the Coming and Going Rule
- Independent Medical Review Delays
- Apportionment Unscathed by SB863
- Can the Statue of Limitations be Waived by Stipulation?
- How to Challenge Compound Medication Liens
- Hypertension, Presumptions and ‘Troubled’ Conditions
- Subrogation Update: Nonindustrial Aggravation of Industrial Injuries
- The Importance of Providing the Claim Form
- Better Understanding of Compensable Consequences
- Q&A
July 2013
April 2013
January 2013
- Illegal Immigrant Status as a Bar to Total Temporary Disability
- Can a Chiropractor be Predesignated as a Personal Physician?
- Collateral Estoppel Issues in Workers’ Compensation
- SB 863: Changes to the Supplemental Job Displacement Benefit
- What You Should Know About SB863 Independent Medical Review
- A Lien Claimant’s Burden
- Is an Electronically Signed Medical Report Legally Sufficient Evidence in a Workers’ Compensation Proceeding?
- The Essential Job Function of an Administrative Police Officer
- Recent Happenings with Labor Code section 4850
October 2012
- SB 863: The Not-So Talked About Changes Which Take Quick Effect
- Inspection Of Employee Records
- Subpoenas for Records From a Party to the Action
- Loss of Consortium in Workers’ Compensation
- Fighting Cancer Under Labor Code Section 3212.1
- Challenging Duplicate Copy Services
- Setting Aside Settlements
- Outside the MPN? Now Heard Sooner Than Later
- Separating Overtime and Salary
- Q&A
July 2012
- New Lien Regulations: Petition to Dismiss for Lack of Prosecution
- Release of Employment Records Without a Subpoena
- Recent Developments in Work Product Doctrine: Coito
- Clarification on Breaks and Meals: Brinker
- LeBoeuf: Resurrected and Broadened
- Sexual Harassment and Franchise Liability
- Take Nothing: MRSA Presumption Rebutted
- Physical Manifestations of Stress
- Q&A
April 2012
- Denying TD After a Valid Termination
- WCAB Sanctioning Lien Claimants for Questionable Activities
- Partial PD Credit Against Future Medical
- Can TTD Go On Forever?
- Proving Up Your MPN
- C&R: Dealing with Government Entities
- I’m Feeling Sleepy
- Conflicts between Union Contracts and Workers’ Compensation Benefits
- When Does the 60 Day Return to Work Period Start?
- Q&A
January 2012
- New Workers’ Compensation Laws for 2012
- Can You Take a Credit For a Severance Agreement?
- Hearing Representatives and the Rules of Professional Conduct
- Service Please. Failure to Serve Settlement Documents a Cause for Concern?
- The 240 Week Bright Line For Death Benefit Claims
- WCAB Panel Decision: No to Expedited Hearings for UR Determinations
- The Interview: Can I Ask That Question? Business Necessity, Age and Sex
- When was the Last Time a Chiropractor Paid You?
- Working or Calendar Days? Five Day Notice Requirements
- Q&A
October 2011
- Legislative Updates: Employment Law and Workers’ Compensation
- Violence in the Workplace: My Disability Made Me Do It
- Reacquisition of MPN Control
- 100% Disabled Doesn’t Always Mean 100% Unemployable
- Subrogation Against the Government: Act Fast or You Could Lose Your Rights
- Subpoena: Give Me Everything
- Howell Decision Disallows Plaintiff’s Phantom Charges
- Q&A (A)
- Q&A (B)
July 2011
- The 104 Week-Rule: Understanding the Distinction between LC 4656(c)(1) and LC 4656(c)(2)
- Volunteers: Employees or not?
- Non-MPN Reports: Inadmissible Evidence
- Concerns over DWC Medical Unit Letter on Panel QME Issues
- Treatment Referrals: Who Can Make Them?
- Experience Modifications by the WCIRB: Establishment, Promulgation and Assignment
- Q&A
April 2011
- Applicant’s Increased Burden in Establishing a Labor Code 132a Claim
- Ability of the Court to Reopen the Record May be Limited
- MPN – Notice, Notice, Notice
- Change of Venue: Too late to File?
- Workers’ Compensation Fraud: The Warning Signs
- Beware of Hold Harmless Language in Settlements
- Utilization Review: Request for Authorization
- A Deposition Learning Lesson
- Q&A
January 2011
- Welcome to 2011
- Layoffs and Labor Code §4658 Decreases
- The New LeBoeuf Argument: Labor Code section 4662
- Defining New and Further Disability in a Petition to Reopen
- The Laches Defense
- Vocational Rehabilitation Rears its Ugly Head Again
- California Workers’ Compensation Insurance Outlook 2011: An Attorney and Employer’s Perspective
- Temporary Partial Disability: What Happens When the Applicant Voluntarily Quits?
- Understanding the Supplemental Job Displacement Benefit
- Q&A
October 2010
- The Importance of Employer Involvement
- The Pitfalls of the Hold Harmless
- To Advance or Not to Advance: The New PD Problem
- Bigge Crane: Defining the Players in a S&W case
- Are You an Employer Without Even Knowing It?
- Utilization Review: Timelines and Denial Issues
- Timing and the Effective Use of Subrogation Credits
- Chiropractic Treatment: Defenses and Requirements?
- Guzman: Now What?
- Q&A – An injured worker…
- Q&A – Is Labor Code §4850…
- Q&A – If we have safety personnel…
July 2010
- A Case to Die For?
- A Permanent Disability Increase/Decrease Update
- Communicating With Your Panel QME Can Result in a Replacement Panel
- Defendants’ Right to LC §4060 Med-Legal Exams After a Denial
- Increasing the Role of the WCJ in Rating Permanent Disability
- The Increasing Role of Medicare in Claims
- Tips on Submitting Settlement Documents in EAMS
- Understanding Issues with Case Venue
- Q&A
April 2010
- 2010 Relevant Statutory and Regulatory Changes
- Labor Code §4600.2: Are You Missing the Potential Savings?
- Understanding the Cost of Living Adjustment after Duncan
- Applicant’s Burden of Proof for Rebutting the Permanent Disability Rating Schedule
- Understanding the Labor Code §4658 15% Increase/Decrease
- The Current Procedure for a Request for Spinal Surgery
- Tips on Requesting a Panel of Qualified Medical Evaluators
- Your Failure to Dance May Cost You Money!
- Determining Liability for Injuries Resulting from Travel to Medical Appointments
- Q&A
January 2010
- PKNW Successfully Defends Against Lien Claimant on MPN Defense
- A Possible Stay on Ogilvie Cases?
- Avoiding Problems with EDD
- Defining Reasonable Medical Probability
- Horseplay: Still a Viable Defense Work Injury
- In Defense of Psyche Claims
- Subrogation Concerns: 1st District increases the liability for, as well as the potential number of Defendants in, Construction Site Injury Cases
- Walk-thrus and the In Pro Per
- Q&A