Where a Minnesota chiropractor received a notice indicating that he had the right to file an intervention request in a workers' compensation claim -- the chiropractor had provided some $9,000 in medical service to the claimant -- but who took no action... Read More
Enactment by the Illinois Legislature of the 2005 amendments to the state’s Workers’ Compensation Act, specifically 820 ILCS 305/8, and the enactment of a new section 8.2 did not alter the important underlying policy in Illinois — that... Read More
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
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
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
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
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
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
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
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
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
"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
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 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
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