EAMS: Three Tips for Trial – Submission of Evidence

Robert Gallagher once said: "Change is inevitable—except from a vending machine." Last time I looked, EAMS was nothing like a vending machine… although, wouldn’t that be cool? Get your ice cold Coke and two OCR forms to go… Anyway, back to the concept of change...

Funny Thing Happened on the Way to the DWC Forum…A New DWC 1 Form Was Created

Have you ever noticed the side menu on the DWC website and wondered, “What’s the difference between ‘Participate in DWC rulemaking’ and ‘Participate in a DWC forum’?” Good question! The latter conjures up images of that classic Sondheim musical, A Funny Thing...

EAMS: Walk Through the Walk-Through Reg. 10280 in Ten Easy Steps

When I tell my non-workers’ comp friends that I handled 14 “walk-throughs” today, they get all sort of interesting images in their heads. Some imagine a beauty pageant type of promenade of attorneys through the courtroom. Others think it is some sort of new video feature of EAMS, where...

California: Service in EAMS

Mahatma Gandhi once said, “The best way to find yourself, is to lose yourself in the service of others.” Extrapolating on that maxim, the best way to lose your case, is to find yourself serving others in violation of EAMS service rules. To make sure you are EAMS compliant, please review...

California EAMS: Verifications Are Now Required for Documents Filed by Lien Claimants

Pop Quiz Question: When does a "lien claimant" become a party in a litigated case per 8 CCR §10210(y)? a. The lien claimant files the application b. The lien claimant files a DOR c. The underlying case has been resolved d. The injured worker (IW) chooses not to...

CA: DWC Readies Launch Of New E-Filing Method: JET File

Oakland, CA (CompNewsNetwork) - The California Division of Workers’ Compensation (DWC) is preparing to launch a new electronic filing method, JET File, that will make it easier than ever for paper filers to become e-filers and “join the E Team” Electronic filing is the fastest...

California EAMS: What Are SPDs?

When the WCAB issued “significant panel decision (SPD),” Hernandez v. AMS Staff Leasing, (2011) 76 CCC – on April 11, 2011, many practitioners wondered, “What in the world is a ‘significant panel decision (SPD)’?” History of the “significant...

California EAMS: Compliance With QME Regulations

New Qualified Medical Examiner (QME) regulations were issued on Feb. 17, 2009. These regulations provide helpful guidance for both attorneys and doctors on how to obtain the highest quality evaluations for injured workers. Compliance with these regulations will ensure that once the case goes to trial...

LexisNexis Interview With Rosa Moran, Administrative Director, California Division of Workers' Compensation

On Thursday, August 4, 2011, the new Administrative Director for the Division of Workers’ Compensation, Rosa Moran, sat for her first interview since the announcement of her appointment. She was questioned by long-time LexisNexis editorial board member Kenneth Peterson (retired Associate Chief...

California EAMS: Proposed Changes to the WCAB Rules of Practice and Procedure - Dealing With Lien Claims

Lien claim procedures have always been a hot topic for workers’ compensation practitioners. Back in March, we issued a blog discussing the revisions to lien claim procedures in this new era of EAMS. Several regulations were discussed, including 8 CCR §10210 [y] and §10770 which set forth...

California EAMS: Medical Reports as Evidence

Last fall, we issued a blog discussing Rule 8 CCR §10629 which sets forth the perimeters for filing exhibits in EAMS for trial. The rule requires that all parties create and serve a list of the exhibits they plan to offer as evidence at trial, preferably at the mandatory settlement conference (MSC...

California EAMS: Medical Reports as Evidence

Last fall, we issued a blog discussing Rule 8 CCR §10629 which sets forth the perimeters for filing exhibits in EAMS for trial. The rule requires that all parties create and serve a list of the exhibits they plan to offer as evidence at trial, preferably at the mandatory settlement conference (MSC...

California: What Decisions Rule and When Do They Rule?

In last month’s blog, we set forth a chronology of the significant case law on permanent disability determinations. The list has been updated and set forth again below: Chronology of Significant PD Rating Cases: 12.7.06 Costa v. Hardy Diagnostic, (Costa I) (2006) 71 CCC...

California: What Decisions Rule and When Do They Rule?

In last month’s blog, we set forth a chronology of the significant case law on permanent disability determinations. The list has been updated and set forth again below: Chronology of Significant PD Rating Cases: 12.7.06 Costa v. Hardy Diagnostic, (Costa I) (2006...

2011 Year in Review: The Top 10 Workers’ Compensation Events in California

By Robert G. Rassp, Esq. The year 2011 has been noteworthy for many events in our workers’ compensation system and as much for events that did not occur. So this year, we will add a bonus – the Top Five Events In 2011 That Did Not Occur But Should Have in our workers’ compensation...

2011 Year in Review: The Top 10 Workers’ Compensation Events in California

By Robert G. Rassp, Esq. The year 2011 has been noteworthy for many events in our workers’ compensation system and as much for events that did not occur. So this year, we will add a bonus – the Top Five Events In 2011 That Did Not Occur But Should Have in our workers’ compensation...

California EAMS: Winning the Race to the Medical Unit

[ Note: This article was updated on January 11, 2012, to provide the reader with more information about handling civil matters. ] Workers’ compensation practitioners enjoy a rule that is unique to the world of EAMS litigation. 8 CCR 10507 provides in part as follows: (a) If a document is...

California EAMS: Winning the Race to the Medical Unit

[ Note: This article was updated on January 11, 2012, to provide the reader with more information about handling civil matters. ] Workers’ compensation practitioners enjoy a rule that is unique to the world of EAMS litigation. 8 CCR 10507 provides in part as follows: (a) If a document is served...

California EAMS: Issues to Consider Before Submitting Your Settlement Docs

By Colleen S. Casey Copyright © 2012. All rights reserved. Listed below are several issues to consider before submitting a document for approval by a workers’ compensation judge (WCJ). Walk Through Document Defined: A “walk-through” document is defined by 8 CCR §10280...

California EAMS: Issues to Consider Before Submitting Your Settlement Docs

By Colleen S. Casey Copyright © 2012. All rights reserved. Listed below are several issues to consider before submitting a document for approval by a workers’ compensation judge (WCJ). Walk Through Document Defined: A “walk-through” document is defined by 8 CCR §10280...

LexisNexis Interview: Associate Chief Judge Ellen Flynn, California Division of Workers’ Compensation

LexisNexis recently interviewed newly appointed southern region Associate Chief Judge Ellen Flynn on a warm summer day at her Anaheim Workers’ Compensation Appeals Board office. Judge Flynn had served as Presiding Judge there for 20 years, in addition to her work as a trial judge for another seven...

EAMS Blogs Reference Page (updated 6/18/2012)

Welcome to the EAMS Blogs Reference Page, which is designed to help you find specific topics, statutes, and regulations referenced in the blogs written by Judge Colleen Casey and Judge Robert Norton. Feedback and comments can be sent to Robin.E.Kobayashi@lexisnexis.com . Table of Contents ■ List...

California: DWC/WCAB Policy and Procedure Manual Revised

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. The Division of Workers’ Compensation and the Workers’ Compensation Appeals Board have released the 2013 Revision of the DWC/WCAB Policy and Procedure Manual. The revisions became...

California: Chief Judge Looks Back on Two Years of Service

The position of Chief Judge for the Division of Workers’ Compensation has had a storied history since its inception more than a decade ago. In April 2002, then Administrative Director Richard (Dick) Gannon appointed Steven Siemers, a trial judge at the Oakland District WCAB, as the first Chief...

California: A New Year With New Rules and New Responsibilities

The Workers’ Compensation Appeals Board (WCAB) has rung in the New Year with new rules, new regulations and new responsibilities for all participants in the workers’ compensation community. It is important to be cognizant of all the changes and to realize that they spring from a variety of...