LexisNexis® Legal Newsroom
Payment of Interest on Attorney Fees in California

The California Second Appellate District has opened the door for applicant’s attorneys to receive statutory interest on fee awards for depositions and other WCAB attorney fee awards. In the matter of Koszdin v. State Compensation Insurance Fund , filed July 6, 2010, the Court of Appeal determined...

California Attorney’s Fees in a Post-COLA World

Notice of Correction: The date in the first paragraph has been corrected. Labor Code Section 4659(c) mandates that for injuries occurring after January 1, 2003, awards resulting in either a life pension or total permanent disability indemnity shall be increased by an amount equal to the percentage...

Longshore Act: Reasonable Hourly Rate Determination – Overview of Recent Decisions

"Fee litigation occurs on a case-to-case basis and is often protracted, complicated, and exhausting. There is little doubt that it should be simplified to the maximum extent possible." [FN1] By Yelena Zaslavskaya Senior Attorney for Longshore, Office of Administrative Law Judges U.S. Department...

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: Economists Wanted

Lexis.com subscribers can link to the cases and statutes cited below. Since Senate Bill 899 was passed, there has been a great deal of uncertainty surrounding the proper calculation and evaluation of the COLAs provided for under Labor Code Section 4659 (c). In the years immediately following the...

Attorney’s Fee Against $1.1M Lien Recovery Not Allowed: Cal. Comp. Cases May Advanced Postings (5/16/12)

Here’s the next batch of advanced postings for the May 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. Rafael Tapia,Jr., Petitioner v. Workers' Compensation...

Res Judicata Barred Petition to Reopen for New and Further Psychiatric Disability: Cal. Comp. Cases June Advanced Postings (6/7/12)

Here’s the second 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. Laura Matook , Petitioner v. Workers' Compensation...

California EAMS: Issues to Consider Before Submitting Your Settlement Docs

By Colleen S. Casey Copyright © 2012. All rights reserved. Listed below are several issues to consider before submitting a document for approval by a workers’ compensation judge (WCJ). Walk Through Document Defined: A “walk-through” document is defined by 8 CCR §10280...

California: 26 Noteworthy Panel Decisions You Should Know About (January-June 2012)

Here are the publisher's picks for the top noteworthy panel decisions recently reported in the LexisNexis services. The list is based upon feedback from our consultants about current topics and issues that are of interest to the entire workers’ compensation community. Lexis.com subscribers...

Louisiana Workers’ Compensation Law Changes 2012

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, djuge@wcdefense.com The following is a summary of the 2012 legislative amendments to the Louisiana Workers’ Compensation Act. The major law changes were at the urging of the business community. The OWC also sponsored...

California: No Blanket Rule Precludes Award of Attorney's Fees Based on a Medicare Set-Aside

Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Attorney’s Fees; Calculation; C&R Agreements. WCAB, rescinding WCJ’s award of $66,860.30 fee to applicant’s attorney, held that attorney was entitled to full $90,000...

Longshore Act: Deciphering Section 28(b) After Andrepont

By Paul B. Howell, Esq., Franke & Salloum, PLLC, Gulfport, Mississippi In 1822, a sweaty scientist in a dimly-lit room looked at a rock from Egypt and discovered the key to decoding Egyptian hieroglyphics. 175 years later, a Fifth Circuit Court of Appeals judge with a cup of coffee in his hand...