Workers' Compensation

Recent Posts

Activation Fee Paid 6 Days Late Justified Dismissal of Lien: Cal. Comp. Cases July Advanced Postings (7/23/2013)
Posted on 23 Jul 2013 by California Compensation Cases Staff

Here’s the fifth batch of advanced postings for the July 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2013 LexisNexis. All rights... Read More

Tags: California workers compensation , lien activation fee

Court Denies Petition for Writ of Mandate in Lien Activation Fee Lawsuit: Cal. Comp. Cases April/May Advanced Postings (4/26/2016)
Posted on 26 Apr 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the April and May 2016 issues of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis... Read More

Tags: final order , reconsideration , California workers compensation , writ of review , writ of mandate , lien activation fee , cumulative trauma injury

WCRI Study Says California Saw Five Percent Decrease in Medical Payments Per Claim in 2013
Posted on 11 Oct 2015 by Thomas A. Robinson

According to a study recently released by Workers’ Compensation Research Institute (WCRI), California enjoyed a five percent decrease in medical payments per workers’ compensation claim in 2013 on a year-over-year basis, likely reflecting... Read More

Tags: independent bill review , lien filing fee , IMR , RBRVS-based fee schedule , IBR , implantable medical devices , California workers compensation , SB 863 , lien activation fee , WCRI , ambulatory surgical center , spinal surgery , asc , independent medical review

California Lien Filing Fees and Multiple Case Numbers: WCAB Panel Applies AD Rule 10208
Posted on 24 Jun 2013 by David Bryan Leonard

By David Bryan Leonard, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Workers’ compensation injuries can occur from a specific incident or be caused by cumulative events. ... Read More

Tags: multiple case numbers , dismissal of claim , California workers compensation , SB 863 , lien activation fee , lien claimants

California: WCAB Provides Further Guidance on Lien Activation Fees
Posted on 15 Apr 2013 by David Bryan Leonard

By David Bryan Leonard, Esq. Three new panel decisions illustrate how the WCAB is interpreting the new lien activation fees. These decisions should be of great interest to the workers’ comp community and are summarized below. Note: The three... Read More

Tags: medical liens , dismissal , California workers compensation , mandatory settlement conference , SB 863 , lien activation fee , Workers compensation , lien claimants , constitutional , declaration of readiness to proceed

California WCAB Panel Dismisses Liens When Activation Fee Paid Hours After Commencement of Lien Conference
Posted on 18 Mar 2013 by David Bryan Leonard

By David Bryan Leonard, Esq. Citations link to lexis.com unless otherwise noted. All bracketed cites link to Lexis Advance. In one of the first panel decisions issued after the implementation of the $100 lien filing fee, a WCAB panel has dismissed... Read More

Tags: lien claim , California workers compensation , SB 863 , lien activation fee

California Workers’ Compensation: 2015 Year in Review
Posted on 7 Dec 2015 by Julius Young

By Julius Young, Esq., Richard M. Jacobsmeyer, Esq., Barry D. Bloom, Co-Editors-in-Chief, Herlick, California Workers' Compensation Handbook This 2016 edition is the 35th edition of Herlick, California Workers’ Comp Handbook (hereinafter... Read More

Tags: appeal period , MTUS , Medical Treatment Utilization Schedule , undocumented workers , staffing firms , independent bill review , injury aoe/coe , cancer presumption , home health care fee schedule , OMFS , drug formulary , ICD-10 , IMR , due process , firefighter presumption , cheerleaders , self-insurance , On-Demand Economy , 2005 PDRS , Herlick Handbook , IBR , benefit notice , copy service fee schedule , California workers compensation , employee status , UR , MPN , Qualified Medical Evaluator , QME , rebuttal , causation , Medical Provider Networks , lien activation fee , utilization review , Death Benefits , cross-examination , bunkhouse rule , prescription drugs , premises line rule , Official Medical Fee Schedule , independent medical review

California Workers' Comp Case Roundup (11/28/2015)
Posted on 28 Nov 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 11 November 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS... Read More

Tags: tort liability , independent contractor , peace officers , IMR , Constitutionality , average weekly earnings , unlicensed contractor , employment relationship , California workers compensation , class certification , medical evaluations , FEHA , lien activation fee , Fair Employment and Housing Act , wrongful denial , admissibility , maximum benefits , unreasonably delay , homeowners , independent medical review

California: Chief Judge Looks Back on Two Years of Service
Posted on 16 Dec 2013 by Hon. Kenneth B. Peterson

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... Read More

Tags: QME panel , judge training , California workers compensation , Qualified Medical Evaluator , lien activation fee , EAMS , Chief Judge Richard Newman

California: W.C.A.B. Issues 2 (Sort of) New Decisions Re: Lien Activation Fees
Posted on 26 Apr 2013 by Richard M. Jacobsmeyer

Today the W.C.A.B. issued one new and one “upgraded” decision regarding payment of lien activation fees under Labor Code § 4903.06 . On April 5 the W.C.A.B. had issued a significant panel decision in Figueroa v B.C. Doering Co.; Employers... Read More

Tags: California workers compensation , lien activation fee

California: W.C.A.B. Issues Significant Panel Decision on Activation Fee Procedures
Posted on 7 Apr 2013 by Richard M. Jacobsmeyer

The W.C.A.B. has issued a “Significant Panel Decision”[fn1] for only the second time in the past 6 years on an issue of widespread, but time limited, application to workers’ compensation practitioners and participants at W.C.A.B. proceedings... Read More

Tags: California workers compensation , lien activation fee

Activation Fee Paid 6 Days Late Justified Dismissal of Lien: Cal. Comp. Cases July Advanced Postings (7/23/2013)
Posted on 24 Jul 2013 by California Compensation Cases Staff

Here’s the fifth batch of advanced postings for the July 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2013 LexisNexis. All rights... Read More

Tags: California workers compensation , lien activation fee

California: Principles of 2013 Lien Activation Fee Take Shape in WCAB Panel Decisions
Posted on 10 Jun 2013 by David Bryan Leonard

By David Bryan Leonard, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance . Since January 2013, all participants in California workers’ compensation act have wrestled with dynamics... Read More

Tags: California workers compensation , SB 863 , lien activation fee

California Workers' Comp Case Roundup (6/7/2013)
Posted on 8 Jun 2013 by LexisNexis Communities Staff

CALIFORNIA COMPENSATION CASES Vol. 78 No. 5 May 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More

Tags: Psychiatric Injuries , public safety officers , wrongful termination , California workers compensation , victim restitution , lien activation fee , exclusive remedy rule , res judicata

California Workers' Comp Case Roundup (12/1/2013)
Posted on 1 Dec 2013 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 78 No. 11 November 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS... Read More

Tags: liens , California workers compensation , preliminary injunction , Medical Provider Networks , lien activation fee , admissibility , medical reports