LexisNexis® Legal Newsroom
California: Discovery of Witness Statements

By Mark L. Kahn (Associate Chief Judge, Retired) Arbitrator/Mediator/Attorney - Altman, Lunche & Blitstein A review of the most recent cases on the subject of discovery of witness statements leads to the conclusion that witness statements taken by the attorney, at the attorney’s direction...

WCAB May Compel Applicant’s Evaluation by Vocational Expert: Cal. Comp. Cases May Advanced Postings (5/22/2013)

Here’s the fifth 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 reserved. Charles Holz, Petitioner v. Workers'...

Excuses, Excuses…… And a Lack Of Excusable Neglect In DE: Discovery Violations Lead To a $182K Bond And $23K In Attorney’s Fees

Today we have a guest blogger, the ever-genial Dave Boswell. I’m not quite sure how to categorize these opinions so I will leave it to Dave to tell you what all went down: Attached is a triumvirate of decisions in the Hernandez case, in which: (1) the IAB entered a default judgment against...

California: Privilege Rules Clarified by Court of Appeal; Update on Stevens v. W.C.A.B.

The Court of Appeal has ordered publication of a decision which confirms the application of Evidence Code 915 to discovery and privilege issues before the W.C.A.B. The Court had initially ordered the decision, Regents v W.C.A.B. (Lappi) , to not be published, but with multiple requests for publication...

California: Accounts Receivable Purchase of Liens at Reduced Value - Trade Secret or Not?

"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. Wrk. Comp. P.D. LEXIS --, a WCAB panel denied...

Deposition Procedures Not Required for Vocational Expert Interviews: Cal. Comp. Cases September Advanced Postings (8/29/2014)

Here’s the first batch of advanced postings for September 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 reserved. James Fetner, Petitioner v. Workers'...

California: Medical Lien Discovery Practice and In Camera Review

WCAB provides guidance on the discovery of corporate and financial documents and the right of privacy with respect to a medical lien In Garcia v. Arun Enterprises dba Subway , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel, granting the defendant’s petition for removal, reversed the WCJ’s...

Purchase of Accounts Receivable Not a Trade Secret: Cal. Comp. Cases December Advanced Postings (11/25/2014)

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 reserved. Landmark Medical Management, Petitioner...

Physician Self-Referral Statute Doesn’t Apply to Inpatient Surgical Procedures (12/12/2014)

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 reserved. Warner Bros. Studio Facilities, Inc...

Defendant’s 39-Day Delay of $49K Settlement Payment Found Unreasonable: Cal. Comp. Cases February Advanced Postings (2/18/2015)

Here’s the fourth batch of advanced postings for February 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Ace American Insurance Company (administered...

Colorado: Employer and Carrier Need Not Disclose If They Made Gifts to State Comp Judges

A workers’ compensation claimant may not require a workers’ compensation insurer or counsel for the insured employer to respond to a discovery request that they disclose any gifts “of monetary value” to anyone working for the various Colorado offices administering and adjudicating...

Michigan: The 94% Solution

By Joel Alpert and Richard Warsh [fn1] Michigan’s Workers’ Disability Compensation system was created to speed compensation to injured workers. The process and procedures in workers’ compensation proceedings are supposed to be as summary as reasonably possible. MCL 418.853 . The...

Settlement Not Binding When CMS Never Approved Medicare Set-Aside: Cal. Comp. Cases October Advanced Postings (9/24/2015)

Here’s the latest batch of advanced postings for the October 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Calvin Collins, Petitioner v...

Virginia: Dismissal of Employee’s Claim Without Prejudice Was Within Commission’s Discretion

The dismissal of an employee’s claim against the employer without prejudice was within the range of reasonable choices allowed the Virginia Workers’ Compensation Commission pursuant to Va. Code Ann. § 65.2–201 and Va. Workers’ Comp. Comm’n R. 1.12 where the employee’s...

About Time! New ALJ Regulations Finally Final

By Thomas C. Fitzhugh III, Fitzhugh & Elliott, P.C., Houston, Texas The comment period for proposed new regulations for ALJ proceedings closed more than two years ago. For months we were promised that the new rules would be forthcoming “soon.” In May the final rules were published...

New Rules of OALJ Rules of Practice and Procedure Increase Powers to Administrative Law Judges

By John E. Kawczynski, Field & Kawczynski, LLC, South Amboy, New Jersey In his commentary “ About Time! New ALJ Regulations Finally Final , ” Tom Fitzhugh examined how the new “Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law...

California: Due Diligence Is the Key

I. How NOT to Request That the Record Be Developed In the Noteworthy Panel Decision (NPD) of Quintero v. PBC Holding Corporation dba Commercial Cleaning Systems , 2015 Cal. Wrk. Comp. P.D. LEXIS 610 [ 2015 Cal. Wrk. Comp. P.D. LEXIS 610 ], applicant, Ms. Quintero, was extremely disappointed after...

California: The Use of a Special Master in Complex Discovery Disputes

In Von Ritzhoff v. Ogden Entertainment Food Services , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s order appointing the applicant’s attorney as the special master assigned to monitor the depositions in the applicant’s workers’ compensation case. While the...