LexisNexis® Legal Newsroom
Cal. Comp. Cases November Advanced Postings (11/2/2010)

Here’s the second batch of advanced postings for the November 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case below to read the complete headnotes and summary. Paul Anfuso v. W.C.A.B., Beverly La Cumbre Convalescent Hospital, Constitution State Services 75...

MO: Court Sanctions Employer For Seeking Injunctive Relief From Temporary Award

The western court of appeals recently sanctioned an employer $81,609 in attorney’s fees for making a constitutional challenge that it had a right to appeal a temporary award, contrary to a state rule and unfavorable precedent. The case is Motor Control Specialties, Inc. And the Ohio Casualty Ins...

MO: Commission Reverses Sanctions For Tenuous Defense

The failure to introduce any medical evidence may not be much of a defense, but the limited defense is not so egregious as to warrant sanctions under 287.560 , according to two recent Commission decisions, reversing awards of sanctions from two different administrative law judges against the Second Injury...

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...

Cal. Comp. Cases June Advanced Postings (6/2/2011)

Here's the first batch of advanced postings for the June 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and summaries. Travelers Indemnity Company, insurer for Linear Technology, Petitioner v. Workers' Compensation Appeals...

California: What Actions, If Any, Should Be Taken When We Are Still Getting Medical Reports From Out-Of-Network Physicians?

LIVING IN A POST VALDEZ WORLD HOW DO WE DETERMINE WHETHER WE HAVE A DEFENSE? Please recall the WCAB En Banc decision in Valdez v. Warehouse Demo Services/Zurich [ADJ7048296] where on 4/20/11, the WCAB Commissioners, with two partially dissenting opinions, held that where unauthorized medical treatment...

MO: Dealing With the Difficult Pro Se Claimant

The difficult pro se claimant presents unique challenges to resolve Missouri worker's compensation claims. What are the common problems faced by employers dealing with the difficult unrepresented claimant? It's not about the money. Sometimes, it isn't. A claimant's resistance to...

MO: Employer Sanctioned Nearly $46,000 for “Starving Out” Claimant

The employer disputed if claimant's accident arose out of and in course of employment when claimant was asked to drive about 45 minutes to help staff another convenience store in Hollister, MO. Claimant lost control of her car resulting in multiple injuries including the need for an ORIF hip. She...

California: The Important Distinctions Between Reconsideration and Removal

Lexis.com subscribers can link to the cases, statutes, and rule cited below. Commonly, when appealing an adverse determination of a Workers’ Compensation Administrative Law Judge (WCJ), a practitioner will file a petition for reconsideration, and, in the alternative, a petition for removal...

California: Follow the Rules When Petitioning for Reconsideration

Lexis.com subscribers can link to the cases and rules cited below. A petition for reconsideration is an extremely valuable tool for ensuring that a workers’ compensation administrative law judge (WCJ) has made the correct determination during the course of a workers’ compensation proceeding...

California Panel QME Process: Is It Time to Admit We Are Dealing With a Monster?

A serious question needs to be asked about whether requiring the use of one Qualified Medical Evaluator (QME) in a workers’ compensation case, as opposed to the use of “battling QME’s”, has reduced litigation or has actually served to increase litigation. No question, at least...

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...

Interpreter Sanctioned for Attempting to Deliberately Mislead Judge: Cal. Comp. Cases July Advanced Postings (7/11/2012)

Here’s the next batch of advanced postings for the July 2012 issue of California Compensation Cases. Lexis.com subscribers can access the complete headnotes and summaries . © Copyright 2012 LexisNexis. All rights reserved. Alberto Stambuk, Petitioner v. Workers' Compensation Appeals...

California: DWC/WCAB Policy and Procedure Manual Revised

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. The Division of Workers’ Compensation and the Workers’ Compensation Appeals Board have released the 2013 Revision of the DWC/WCAB Policy and Procedure Manual. The revisions became...

California: Lien Claimants’ Notice of Representation Under SB 863

WCAB seeks to rein in the insanity of ever-changing hearing reps and to maintain respect of the judicial process, but does the new rule raise equal protection arguments? Recent noteworthy panel decisions indicate a trend whereby the WCAB is strictly enforcing new Rule 10774.5 ( reprinted in full below...

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: Traps to Avoid When Filing a Petition for Reconsideration

How to avoid the shock of a notice of intent to sanction. A party usually files a Petition for Reconsideration with the hope that their argument will be accepted and that the trial level determination will be reversed by the Workers’ Compensation Appeals Board (WCAB). It is always a bit of a...

California: Top 25 Noteworthy Panel Decisions (July–December 2014)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2014. You’ll find many helpful cases in this list, including a recent decision on reasonable attorney’s fees ,...

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...

California Workers' Compensation Case Roundup (1/2/2016)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 12 December 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 2016 LexisNexis. All rights...

California Workers' Compensation Case Roundup (3/4/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 2 February 2016 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 2016 LexisNexis. All rights...

California: Tips for Avoiding Sanctions

Practitioners have noticed a slew of WCAB Noteworthy Panel Decisions recently relating to the imposition of sanctions for “bad faith tactics” under Labor Code § 5813 [ LC 5813 ]. Everyone wants to avoid sanctions, so litigators should pay particular attention to the issues raised in...

California Workers’ Compensation Case Roundup (3/31/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 3 March 2016 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 2016 LexisNexis. All rights...

California: Is It the Defendant’s Job to Make Sure UR Has the Appropriate Treatment Records?

In McKinney v. Enterprise Rent-A-Car of San Francisco , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB reversed the WCJ’s finding that the defendant was liable for sanctions under Labor Code § 5813 for bad faith handling of requests for authorization (RFA) from the applicant’s treating...

New Jersey Workers’ Compensation Trends for 2016

By Richard B. Rubenstein, Esq. Assembly Bill 3401, signed into law on November 14, 2016, mandates that workers’ compensation carriers and third-party administrators adopt a method for processing electronic bills for medical treatment rendered on New Jersey workers’ compensation cases....