LexisNexis® Legal Newsroom
EAMS: Why Is Venue So Vexing?

One of the most common issues that occur with EAMS has to do with those elusive venue statutes and regs: LC §§ 5501.5 , 5501.6 and 8 CCR §§ 10409 , 10410 , 10411 , 10412 , 10210 (jj), 10301 (gg) & 10232 (a)(9). It all starts with the “Application for Adjudication of...

California EAMS: Avoid Trips and Tricks – Adhere to Our Triple Top Tips

Set for below are three top tips for easing through the current litigation process. They include: Forms to Expedite the Panel QME Process State Bar now Requires Email Addresses From all Members Procedure to Obtain an Emergency Stay 1. New Forms Make Obtaining a Panel QME Easier...

CA: Petition for Reconsideration With Incorrect Case Numbers Found Timely Filed

Demetrio Pantoja v. SGN Construction WCAB Procedure--EAMS--WCAB found that defendant's petition for reconsideration electronically filed on 4/22/2009 with incorrect case numbers (legacy numbers rather than ADJ numbers, as required by EAMS) was timely filed even though petition was not accepted...

California EAMS: Tips for Filing Petitions for Reconsideration

Electronic filing of documents has provided an opportunity for the WCAB to revamp their rules on Petitions for Reconsideration. Failure to follow these rules may result in denial of your argument, or worse, the imposition of sanctions. AD Rule §10561 allows the WCAB to impose sanctions, on its own...

EAMS: Three Tips for Trial – Submission of Evidence

Robert Gallagher once said: "Change is inevitable—except from a vending machine." Last time I looked, EAMS was nothing like a vending machine… although, wouldn’t that be cool? Get your ice cold Coke and two OCR forms to go… Anyway, back to the concept of change...

Funny Thing Happened on the Way to the DWC Forum…A New DWC 1 Form Was Created

Have you ever noticed the side menu on the DWC website and wondered, “What’s the difference between ‘Participate in DWC rulemaking’ and ‘Participate in a DWC forum’?” Good question! The latter conjures up images of that classic Sondheim musical, A Funny Thing...

California EAMS: What Are SPDs?

When the WCAB issued “significant panel decision (SPD),” Hernandez v. AMS Staff Leasing, (2011) 76 CCC – on April 11, 2011, many practitioners wondered, “What in the world is a ‘significant panel decision (SPD)’?” History of the “significant...

California EAMS: Compliance With QME Regulations

New Qualified Medical Examiner (QME) regulations were issued on Feb. 17, 2009. These regulations provide helpful guidance for both attorneys and doctors on how to obtain the highest quality evaluations for injured workers. Compliance with these regulations will ensure that once the case goes to trial...

California EAMS: Proposed Changes to the WCAB Rules of Practice and Procedure - Dealing With Lien Claims

Lien claim procedures have always been a hot topic for workers’ compensation practitioners. Back in March, we issued a blog discussing the revisions to lien claim procedures in this new era of EAMS. Several regulations were discussed, including 8 CCR §10210 [y] and §10770 which set forth...