CA: WCAB Lacks Jurisdiction to Void Bankruptcy Court's Decision for Lien Discharged in Bankruptcy

Norris M. Mellon v. State of California Department of Corrections WCAB Jurisdiction—Lien Discharged in Bankruptcy—WCAB, granting removal on its own motion, affirmed WCJ’s order that WCAB had no jurisdiction to allow lien claimant’s lien for living expenses asserted against...

Los Angeles WCAB Issues Notice of Intention to Consolidate and Stay All Lien Proceedings Regarding Compound Pharmaceuticals

Presiding Judge Jorja Frank of the Los Angeles WCAB, acting on the court’s own motion, has issued a Notice of Intention to Consolidate and Stay All Lien Proceedings Regarding Compound Pharmaceuticals. According to the terms of the Notice of Intention, the Los Angeles WCAB District Office...

California: DWC Holds Hearing on Notice of Intent to Consolidate Liens for Compound Pharmaceuticals and Topical Medications

Presiding Judge Jorja Frank Holds Hearing on Los Angeles WCAB District Office’s Notice of Intent to Consolidate Liens for Compound Pharmaceuticals and Topical Medications On October 6, 2010 Judge Frank, with the assistance of DWC Associate Chief Judge Mark Kahn, held a hearing at the WCAB...

California: Stepped-Up Enforcement of EDD Statutory Interest

Representatives for the California Employment Development Department (EDD) are present at nearly all WCAB district offices every court day to recover amounts paid out as state disability benefits where workers’ compensation temporary disability benefits may have or were payable. The Employment...

Cal. Comp. Cases March Advanced Postings (3/2/2011)

Here’s the first batch of advanced postings for the March 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and summaries. Marin Garrison, Petitioner v. Workers' Compensation Appeals Board, County of San Deigo, PSI, Respondents...

California: Somebody Else Did It! A Primer on Third Party Cases

THIRD PARTY REMEDY The employee and employer each have an independent cause of action for damages against a negligent third party. Lab. Code § 3852 ; Buell v. CBS, Inc . (1982) 136 Cal. App. 3d 823, 825, 186 Cal. Rptr. 455 . The employee may simultaneously proceed against the third party for...

Wilson v. State Farm: Court Rules That Insurer Did Not Act in “Bad Faith” by Delaying Payment of a Settlement Pending Determination of Medicare’s Conditional Payment Amount

By Mark Popolizio, Esquire, V.P. of MSP Compliance, NuQuest BridgePointe In the case of Wilson v. State Farm Mutual Automobile Insurance Company , No. 3:10-CV-256-H, 2011 WL 2378190 [ 2011 U.S. Dist. LEXIS 63430 ] (W.D. Ky., June 15, 2011), the United States District Court for the Western District...

Five Recent Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff...

Five Recent Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff...

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...

The Passive Beneficiary: When Can an Applicant’s Attorney Be Paid From a Lien Claimant’s Recovery in California?

Note: Lexis.com subscribers can access the links below for the cases . There are many disputed cases where an applicant’s attorney may be successful in proving that an industrial injury occurred or that an employment relationship existed. This in turn will often result in a defendant having to...

The April Fools Post: The DE Supreme Court Excludes UIM Policy Proceeds from Statutory Comp Lien

This is serious business, folks, notwithstanding the title of today's post.....Props to Cheryl Ward of Franklin & Prokopic who, like me, spent part of her Good Friday keeping vigil over any late-breaking news in the world of comp. And heralding from the Delaware Supreme Court is Kingsley Simendinger...