LexisNexis® Legal Newsroom
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...

California: Dismissal of Lien Claim for Failure to Appear

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 at lien conference, failing to timely object...

California: Zombie Liens and Statute of Limitations

FREE ENEWSLETTER; SIGN UP TODAY HERE Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Liens; Medical; Statute of Limitations. WCAB affirmed WCJ’s order disallowing balance of lien claimant’s lien filed on 2/3/2011...

WCAB Not Swept Away by Injured Worker’s Argument for Housekeeping Services: Cal. Comp. Cases August Advanced Postings (8/1/2012)

Here’s the first batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summary. © Copyright 2012 LexisNexis. All rights reserved. Sharon Dunnigan , Petitioner v. Workers' Compensation...

California: Lien Claim Fails When Applicant Not Entitled to Self-Procure Outside Medical Provider Network

FREE ENEWSLETTER; SIGN UP TODAY HERE Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Medical Provider Networks; Treatment Outside MPN. WCAB, reversing WCJ, ordered that lien claimant take nothing by way of its lien for medical...

Reimbursement for Lien for Anesthesiology Services: Cal. Comp. Cases March Advanced Postings (3/7/2013)

Here’s the second batch of advanced postings for the March 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Marriott International, PSI, Petitioner v. Workers'...

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...

Lien Claim Not Time Barred When Defendant Acknowledged Notice of Lien: Cal. Comp. Cases March Advanced Postings (3/19/2013)

Here’s the fourth batch of advanced postings for the March 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. County of San Bernardino, Petitioner...

Dismissal of $166K Lien for Failure to Appear: Cal. Comp. Cases March Advanced Postings (3/6/2014)

Here are the first and second batches of advanced postings for the March 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. Miracle Mile Medical Center...

California: Lien Disallowed for Surgical Hardware Provided to Pacific Hospital of Long Beach

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 and licensure In Olivas v. North American Plywood...

California: Diagnostic Testing: Is it Medical Treatment or Medical-Legal Expense?

An interesting question arises in whether diagnostic testing constitutes “medical treatment” or a valid “medical-legal” expense. If it’s deemed medical treatment, then it is subject to UR/IMR. Two recent panel decisions illustrate the complexities of this issue. (Publisher’s...

California OMFS: Yet Another Death of the Extraordinary Circumstances Exception Post-2004

A third WCAB panel finds that the extraordinary circumstances exception in the OMFS has died post-2004 In Murphy v. County of Fresno , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s finding that the lien claimant Cedar-Sinai Medical Center was entitled to payment of fees in...

California Workers' Comp Case Roundup (10/2/2015)

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 ISSUE © Copyright 2015 LexisNexis. All rights...