Workers' Compensation

Recent Posts

Mississippi: Unpaid Child Support Lien Does Not Attach to Death Benefits Where Deceased "Father" Gave Up Parental Rights
Posted on 27 Jun 2020 by Thomas A. Robinson

The Supreme Court of Mississippi, in a divided decision, reversed a similarly divided decision by the state's Court of Appeals, and held that where a father's parental rights had been terminated through a properly administered adoption proceeding... Read More

Tags: liens , child support , adoption , dependency benefits , Death Benefits

Arbitrator of Contribution Proceeding Not Bound by WCJ’s Finding of Injury AOE/COE: Cal. Comp. Cases June Advanced Postings (5/30/12)
Posted on 31 May 2012 by California Compensation Cases Staff

Here’s the first 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. Los Angeles... Read More

Tags: final order , Case Law Developments , concurrent employment , contribution , statute of limitations , California , liens , California workers compensation , collateral estoppel , petition for reconsideration , cumulative trauma injury

Physician Self-Referral Statute Doesn’t Apply to Inpatient Surgical Procedures (12/12/2014)
Posted on 12 Dec 2014 by California Compensation Cases Staff

Here’s the third batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights... Read More

Tags: close of discovery , personal comfort doctrine , injury aoe/coe , medical treatment , outpatient surger procedures , disputed body parts , liens , self-referfal , discovery , Jurisdiction , California workers compensation , unknown assailant , assaults , physician referral , non-final orders , inpatient surgery procedures

California Workers’ Comp Case Roundup (9/1/2016)
Posted on 1 Sep 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 8 August 2016 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: Time to File Petition , insurance coverage , Request for Additional Permanent Disability Benefits After Award , Medicinal Marijuana , injury aoe/coe , medical treatment , Time Deadlines , peace officers , statute of limitations , Delay in Filing Claim , Petitions for Writ of Review , reasonableness and necessity , Violent Acts , Specific and Cumulative Injuries , California Highway Patrol Officers , liens , tolling , settlements , laches , Administrative Leave Payments , Salary in Lieu of Disability Benefits , wrongful termination , Employee Leasing Agreement , presumption of industrial causation , registration requirements , Professional Copy Services , Payroll Services , WCAB Jurisdiction , vexatious litigant , continuing medical award , Time to File , Credit , Heart Trouble , utilization review , equitable subrogation , petitions for reconsideration , psychiatric injury , Increased Permanent Disability , Petitions for Reconsideration/Removal , personal service

California Workers' Compensation Case Roundup (3/4/2016)
Posted on 4 Mar 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 2 February 2016 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: sanctions , voluntary dismissal , evidentiary standards , dismissal , liens , statutory cause of action , hearing representatives , California workers compensation , FEHA , Fair Employment and Housing Act , Death Benefits

California: DIR Director Christine Baker Provides Update on Progress of SB 863 Eighteen Months After Operative Date
Posted on 12 Sep 2014 by David Bryan Leonard

A report from the California Workers’ Compensation & Risk Conference, Sept. 10-12, 2014, Dana Point, CA By David Bryan Leonard, Esq. Without pause, Christine Baker, Director of the California Department of Industrial Relations, took the... Read More

Tags: drug addiction , narcotics , QME panel , cost savings , Risk Management , IMR , opioids , self-insured employers , liens , RBRVS-based fee schedule , injury prevention , California workers compensation , UR , home health care , SB 863 , copy service , injured workers , utilization review , interpreters , Christine Baker , reforms , independent medical review

California: Top 25 Noteworthy Panel Decisions (January-June 2015)
Posted on 24 Jun 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2015. The list features a number of split-panel decisions, including bonus... Read More

Tags: medical treatment , athlete , insolvent carrier , Apportionment , presumption , permanent disability , liens , AMA Guides , Jurisdiction , California workers compensation , collateral estoppel , causation , home health care , rating , Medical Provider Networks , Qualified Medical Evaluators , utilization review , sexual harassment , Evidence

California: 10 Noteworthy Panel Decisions Involving Liens for 2011
Posted on 5 Dec 2011 by Calif. WCAB Noteworthy Panel Decisions Reporter

Here are our picks for this year’s top 10 noteworthy panel decisions involving liens. Lexis.com subscribers can link to the panel decisions below. Reminder: Check the subsequent history of the panel decision before citing to it. Attention lexis... Read More

Tags: liens , California workers compensation

Calif. WCAB Jurisdiction vs. Alternative Dispute Resolution: Cal. Comp. Cases October Advanced Postings (10/6/2011)
Posted on 6 Oct 2011 by California Compensation Cases Staff

Featured Case of the Week: Calif. WCAB Jurisdiction vs. Alternative Dispute Resolution In TIG Insurance Company, insurer for Stumbaugh & Associates, Inc., Petitioner v. Workers' Compensation Appeals Board, State Compensation Insurance Fund ... Read More

Tags: Case Law Developments , WCAB , California Compensation Cases , california workers' compensation , alternative dispute resolution , California , reconsideration , liens , carve-out jurisdiction , Jurisdiction , butcher

Purchase of Accounts Receivable Not a Trade Secret: Cal. Comp. Cases December Advanced Postings (11/25/2014)
Posted on 25 Nov 2014 by California Compensation Cases Staff

Here’s the second batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights... Read More

Tags: liens , accounts receivable , discovery , California workers compensation , trade secret , pharmaceuticals , compound drugs

Why California Workers’ Comp Is So Hard to Manage: A Snapshot of the 52nd Annual CWCI Conference
Posted on 25 Mar 2016 by Julius Young

If one was trying to track hot topics and trends in California workers’ comp, a good place to start would have been a recent March conference in Oakland attended by many prominent stakeholder representatives. Oakland’s Marriott Hotel was... Read More

Tags: pharmacy , inpatient , opioid , generic , urine testing , flat fees , IMR , time based , liens , California workers compensation , MPN , spinal surgeries

Balance of Liens Awarded Without Satisfying Kunz Requirements: Cal. Comp. Cases May Advanced Postings (5/15/2013)
Posted on 15 May 2013 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the May 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: implantable medical hardware , outpatient surgery centers , liens , epidural injections , California workers compensation , spine surgery

California Workers' Comp Case Roundup (5/3/2013)
Posted on 3 May 2013 by LexisNexis Communities Staff

CALIFORNIA COMPENSATION CASES Vol. 78 No. 4 April 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: dual employment , liens , civil action against employer , negligence , employment relationship , California workers compensation , lien activation fee , respondeat superior , Official Medical Fee Schedule , air ambulance

Employer Lacked Sufficient Notice of Alleged Industrial Injury to Trigger Duty to Provide Claim Form, Notice of Benefits: Cal. Comp. Cases August Advanced Postings (8/17/2016)
Posted on 17 Aug 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the August 2016 issue 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. All rights... Read More

Tags: claim form , liens , heart , copy services , presumption of industrial causation , Jurisdiction , California workers compensation , notice of eligibility of benefits , Police Officer , notice

California: Appellate Court Dumps Lien Filing Fee Challenge
Posted on 29 Mar 2016 by Richard M. Jacobsmeyer

The Second District Court of Appeal has handed down a decision affirming the legislature’s creation of the lien filing fee as part of SB 863. In Chorn v W.C.A.B. a physician (Robin Chorn M.D.) filed a complaint joined by two injured workers in an... Read More

Tags: filing fee , Constitutionality , liens , standing , contractual impairment , California workers compensation , statutory interpretation