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California WCAB Panel Dismisses Liens When Activation Fee Paid Hours After Commencement of Lien Conference

By David Bryan Leonard, Esq. Citations link to lexis.com unless otherwise noted. All bracketed cites link to Lexis Advance. In one of the first panel decisions issued after the implementation of the $100 lien filing fee, a WCAB panel has dismissed several liens that were activated over two hours...

California WCAB Panel Concludes That Lien Dismissal for Non-Activation Cannot Be Cured by Subsequent Payment

By David Bryan Leonard, Esq. Citations link to lexis.com unless otherwise noted. All bracketed citations link to Lexis Advance. Highlighting the immediate application of the changes brought by Senate Bill 863, a WCAB panel has concluded that failure to pay the activation fee on January 2, 2013...

California: W.C.A.B. Issues Significant Panel Decision on Activation Fee Procedures

The W.C.A.B. has issued a “Significant Panel Decision”[fn1] for only the second time in the past 6 years on an issue of widespread, but time limited, application to workers’ compensation practitioners and participants at W.C.A.B. proceedings. In Eliezer Figueroa vs. B.C. Doering Co...

California: WCAB Provides Further Guidance on Lien Activation Fees

By David Bryan Leonard, Esq. Three new panel decisions illustrate how the WCAB is interpreting the new lien activation fees. These decisions should be of great interest to the workers’ comp community and are summarized below. Note: The three panel decisions can be accessed for free for a...

California: W.C.A.B. Issues 2 (Sort of) New Decisions Re: Lien Activation Fees

Today the W.C.A.B. issued one new and one “upgraded” decision regarding payment of lien activation fees under Labor Code § 4903.06 . On April 5 the W.C.A.B. had issued a significant panel decision in Figueroa v B.C. Doering Co.; Employers Compensation Insurance Co ., the board ruled...

California Workers' Comp Case Roundup (5/3/2013)

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 © Copyright 2013 LexisNexis. All rights...

California Workers' Comp Case Roundup (6/7/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 5 May 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 © Copyright 2013 LexisNexis. All rights...

California: Principles of 2013 Lien Activation Fee Take Shape in WCAB Panel Decisions

By David Bryan Leonard, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance . Since January 2013, all participants in California workers’ compensation act have wrestled with dynamics imposed by the amendments to Labor Code Section...

California Lien Filing Fees and Multiple Case Numbers: WCAB Panel Applies AD Rule 10208

By David Bryan Leonard, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Workers’ compensation injuries can occur from a specific incident or be caused by cumulative events. ( Labor Code Section 3208.1 . [ LC 3208.1 ]) When multiple...

Activation Fee Paid 6 Days Late Justified Dismissal of Lien: Cal. Comp. Cases July Advanced Postings (7/23/2013)

Here’s the fifth batch of advanced postings for the July 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. Innovative Orthopedic Solutions, Petitioner...

Activation Fee Paid 6 Days Late Justified Dismissal of Lien: Cal. Comp. Cases July Advanced Postings (7/23/2013)

Here’s the fifth batch of advanced postings for the July 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. Innovative Orthopedic Solutions, Petitioner...

California Workers' Comp Case Roundup (12/1/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 11 November 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 © Copyright 2013 LexisNexis. All rights...

California: Chief Judge Looks Back on Two Years of Service

The position of Chief Judge for the Division of Workers’ Compensation has had a storied history since its inception more than a decade ago. In April 2002, then Administrative Director Richard (Dick) Gannon appointed Steven Siemers, a trial judge at the Oakland District WCAB, as the first Chief...

California: IBR Update and Lien Litigation Status

By David Bryan Leonard, Esq. At the 22nd Annual DWC Educational Conference a terrific panel presented an update on the independent bill review (IBR) process and discussed the status of the constitutional legal challenge to the lien activation fee.[fn1] Of interest, while there appears to be some clarity...

WCRI Study Says California Saw Five Percent Decrease in Medical Payments Per Claim in 2013

According to a study recently released by Workers’ Compensation Research Institute (WCRI), California enjoyed a five percent decrease in medical payments per workers’ compensation claim in 2013 on a year-over-year basis, likely reflecting the early impact of the so-called reforms contained...

California Workers' Comp Case Roundup (11/28/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 11 November 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 ISSUE © Copyright 2015 LexisNexis. All rights...

California Workers’ Compensation: 2015 Year in Review

By Julius Young, Esq., Richard M. Jacobsmeyer, Esq., Barry D. Bloom, Co-Editors-in-Chief, Herlick, California Workers' Compensation Handbook This 2016 edition is the 35th edition of Herlick, California Workers’ Comp Handbook (hereinafter “Herlick”). The latest Herlick Handbook...

Court Denies Petition for Writ of Mandate in Lien Activation Fee Lawsuit: Cal. Comp. Cases April/May Advanced Postings (4/26/2016)

Here’s the latest batch of advanced postings for the April and May 2016 issues 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 reserved. Petition for Writ of...