Workers' Compensation

Recent Posts

California: It’s Here--Independent Bill Review (Part 1)
Posted on 22 Jan 2013 by David Bryan Leonard

By David Bryan Leonard, Esq. © Copyright 2013 LexisNexis. All rights reserved. 2013 has started off with a whirlwind of new regulations and administrative processes. We have several new sets of regulations that cover topics such as Independent... Read More

California: It’s Here--Independent Bill Review (Part 2)
Posted on 22 Jan 2013 by David Bryan Leonard

By David Bryan Leonard, Esq. © Copyright 2013 LexisNexis. All rights reserved. This is Part 2 of a two-part article. Read Part 1 here . Processing of IBR Request by the Administrative Director After the secondary review, and after the provider... Read More

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

LexisNexis Interview: Associate Chief Judge Ellen Flynn, California Division of Workers’ Compensation
Posted on 26 Sep 2012 by Hon. Kenneth B. Peterson

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... Read More

California Official Medical Fee Schedule: Another Death of the Extraordinary Circumstances Exception Post-2004
Posted on 4 Apr 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Another WCAB panel finds that the extraordinary circumstances exception in the OMFS has died post-2004 In Garcia v. E Recycling of California, Zurich North America , 2015 Cal. Wrk. Comp. P.D. LEXIS –-, a WCAB panel rescinded the WCJ’s finding... Read More

California: Lien Claimants’ Notice of Representation Under SB 863
Posted on 27 Jun 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

WCAB seeks to rein in the insanity of ever-changing hearing reps and to maintain respect of the judicial process, but does the new rule raise equal protection arguments? Recent noteworthy panel decisions indicate a trend whereby the WCAB is strictly... Read More

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

California Workers' Comp Case Roundup (4/30/2018)
Posted on 30 Apr 2018 by LexisNexis Workers' Comp Law Newsroom Staff

CALIFORNIA COMPENSATION CASES Vol. 83 No. 4 Apr 2018 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

The Passive Beneficiary: When Can an Applicant’s Attorney Be Paid From a Lien Claimant’s Recovery in California?
Posted on 21 Feb 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

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... Read More

Lien Claimant’s PQME Reports Admitted Into Evidence: Cal. Comp. Cases February Advanced Postings (2/10/2012)
Posted on 10 Feb 2012 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summaries. County of Mendocino, PSI, Petitioner v. Workers' Compensation... Read More

Wife Entitled to Reasonable Value of Home Health Care Services for Injured Husband: Cal. Comp. Cases June Advanced Postings (6/14/12)
Posted on 14 Jun 2012 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Allgreen... Read More

California: W.C.A.B. Provides Teeth to Lien Litigation
Posted on 16 Nov 2012 by Richard M. Jacobsmeyer

After going virtually the entire calendar year without a substantive en banc decision, the W.C.A.B. has issue a new opinion which provides significant guidance to the workers’ compensation community in one of the emerging battleground areas that... Read More

California: Accounts Receivable Purchase of Liens at Reduced Value - Trade Secret or Not?
Posted on 12 Jul 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

"AR companies have become a cottage industry that now fills the courts with significant and sometimes unnecessary lien litigation on issues, many as such are presented in the instant petition.” In Gonzalez v. Thang Vi Duong, Inc., 2014 Cal... Read More

California: Non-Physician Lien Claimant’s Petition to Compel Production of Medical Records
Posted on 27 Oct 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

Recent decisions provide guidance of new procedures under SB 863 One aspect of SB 863 that is confusing both non-physician lien claimants and judges is how these lien claimants may obtain medical reports in a case. Prior to SB 863, non-physician lien... Read More

California: Follow the Rules When Petitioning for Reconsideration
Posted on 28 Mar 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases and rules cited below. A petition for reconsideration is an extremely valuable tool for ensuring that a workers’ compensation administrative law judge (WCJ) has made the correct determination during... Read More