Workers' Compensation

Recent Posts

California: Traps to Avoid When Filing a Petition for Reconsideration
Posted on 23 Aug 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

How to avoid the shock of a notice of intent to sanction. A party usually files a Petition for Reconsideration with the hope that their argument will be accepted and that the trial level determination will be reversed by the Workers’ Compensation... Read More

Tags: sanctions , notice of intent to sanction , California workers compensation , petition for reconsideration

California Panel QME Process: Is It Time to Admit We Are Dealing With a Monster?
Posted on 17 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

A serious question needs to be asked about whether requiring the use of one Qualified Medical Evaluator (QME) in a workers’ compensation case, as opposed to the use of “battling QME’s”, has reduced litigation or has actually served... Read More

Tags: sanctions , panel qualified medical evaluator , medical expert , California , attorney fees , Ramirez v. Parking Concepts , advocacy letter , California workers compensation , ex parte communication , Qualified Medical Evaluator , QME , PQME

California: Dismissal of Lien Claim for Failure to Appear
Posted on 5 Jul 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Liens; Dismissal of Lien for Failure to Appear. WCAB affirmed WCJ’s order dismissing lien claimant’s lien for failure to appear... Read More

Tags: lien claim , sanctions , California workers compensation , failure to appear

Interpreter Sanctioned for Attempting to Deliberately Mislead Judge: Cal. Comp. Cases July Advanced Postings (7/11/2012)
Posted on 11 Jul 2012 by California Compensation Cases Staff

Here’s the next batch of advanced postings for the July 2012 issue of California Compensation Cases. Lexis.com subscribers can access the complete headnotes and summaries . © Copyright 2012 LexisNexis. All rights reserved. Alberto Stambuk... Read More

Tags: Case Law Developments , sanctions , Spanish language interpreter , California workers compensation , interpreter

New Jersey Workers’ Compensation Trends for 2016
Posted on 16 Nov 2016 by LexisNexis Workers' Comp Law Newsroom Staff

By Richard B. Rubenstein, Esq. Assembly Bill 3401, signed into law on November 14, 2016, mandates that workers’ compensation carriers and third-party administrators adopt a method for processing electronic bills for medical treatment rendered... Read More

Tags: tenure , sanctions , judges , medical treatment , volunteer firefighters , permanent partial disability , electronic billing , parking lots , third party administrators , New Jersey workers compensation

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

Tags: sanctions , Menjivar v. Forest River , california workers' compensation , California , skeletal , petition for reconsideration , record at trial , lien claimants , Evidence , skeletal petition , workers’ compensation administrative law judge

California: DWC/WCAB Policy and Procedure Manual Revised
Posted on 25 Mar 2013 by LexisNexis Workers' Comp Law Newsroom Staff

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. The Division of Workers’ Compensation and the Workers’ Compensation Appeals Board have released the 2013 Revision of the DWC/WCAB... Read More

Tags: sanctions , disqualification , alternative dispute resolution , trial exhibits , rating instruction , Subsequent Injuries Benefits Trust Fund , California workers compensation , carve out agreement , petition to stay , EAMS , Settlement , DWC/WCAB Policy and Procedural Manual

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: Tips for Avoiding Sanctions
Posted on 17 Mar 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

Practitioners have noticed a slew of WCAB Noteworthy Panel Decisions recently relating to the imposition of sanctions for “bad faith tactics” under Labor Code § 5813 [ LC 5813 ]. Everyone wants to avoid sanctions, so litigators should... Read More

Tags: misrepresentation , sanctions , California workers compensation , misstating the facts , bad faith tactics , substantial evidence , failure to appear

California: The Important Distinctions Between Reconsideration and Removal
Posted on 8 Mar 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases, statutes, and rule cited below. Commonly, when appealing an adverse determination of a Workers’ Compensation Administrative Law Judge (WCJ), a practitioner will file a petition for reconsideration... Read More

Tags: interlocutory discovery order , final order , sanctions , WCAB , California , reconsideration , removal , substantive right , California workers compensation , Avalos v. Staffchex Incorporated , appeal

California Workers' Comp Case Roundup (10/2/2015)
Posted on 2 Oct 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 9 September 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: lien claim , sanctions , independent contractor , hearing representative , IMR , joint employer , Appeals , employment status , employment relationship , California workers compensation , misclassification , contingent workers , independent medical review

California Workers’ Compensation Case Roundup (3/31/2016)
Posted on 31 Mar 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 3 March 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: sanctions , lien , medical treatment , contribution , Discrimination , Retirement , Apportionment , permanent disability , reconsideration , Psyche , special employers , California workers compensation , course of employment , penalty , utilization review

California: Top 25 Noteworthy Panel Decisions (July–December 2014)
Posted on 31 Dec 2014 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 July through December 2014. You’ll find many helpful cases in this list, including a recent... Read More

Tags: valley fever , salary in lieu of benefits , odd lot , Temporary Disability , sanctions , new and further injury , independent bill review , medical treatment , statute of limitations , dismissal of claim , IMR , Apportionment , permanent disability , attorney's fees , liens , IBR , AMA Guides , Jurisdiction , compensable consequence injury , insidiuous disease , California workers compensation , prescription medication , cumulative injury , UR , MPN , professional athletes , expedited hearings , modified work , Top 25 noteworthy panel decisions , Medical Provider Networks , public employees , utilization review , Death Benefits , alternative employment , petition to reopen , telephonic therapy , psychiatric injury , six month employment requirement , failure to prosecute , independent medical review

California Workers' Compensation Case Roundup (1/2/2016)
Posted on 2 Jan 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 12 December 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: sanctions , independent contractor , violation of public policy , suspension , privilege to appear , hirer's liabiilty , statutes of limitation , employment status , hearing representatives , wrongful termination , California workers compensation , products liability , subcontractor , Insurance , Fair Employment and Housing Act , third party action

California: Lien Disallowed for Surgical Hardware Provided to Pacific Hospital of Long Beach
Posted on 28 Jun 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

WCAB disallows lien for surgical hardware based on admitted fraudulent activities of Michael Drobot and adverse inferences drawn against lien claimant including failure to produce documents of its ownership interests, fictitious business name statement... Read More

Tags: Pacific Hospital of Long Beach , lien claim , sanctions , Michael Drobot , California workers compensation , frivolous litigation , Fraud , SB 863 , spinal surgery , surgical hardware