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Florianman kleinman

Insurance Defense at statue of liberty
Phone 8053878605 ext 2
Email flofloflo@floflo.com
Website -
Address 123 moliere avenue
thousand oaks
CA, 91360

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FL - Ousted WC Judge Vows to Fight On Over Nomination Process

By William Rabb (Reporter)
03/19/2018 | 290 | 0 | 13 min read

Almost two years after leaving office, a former Florida workers' compensation judge accused of vengeful and unreasonable actions continues to make waves for his former employer, and says he will keep doing so to protect a system he believes in passionately. Mark Zientz Former Judge of Compensation Claims Gerardo Castiello, who was not renominated in 2016 after 16 years on the bench, said that he and his attorney plan to file written comments on proposed judicial performance criteria — criteria that were prompted by his own petitions to a district court. "I will sa... Read More

CA - DWC Proposing Separate Maximum Physician Fees in 32 Regions

03/19/2018 | 363 | 0 | 19 min read

A proposal to add a geographic index to physician section of California’s Official Medical Fee Schedule that set different prices for 32 distinct regions would increase fees by nearly 10% in some areas, and decrease them by more than 5% in others. Steve Cattolica The Division of Workers’ Compensation announced the proposed change late Friday. It scheduled an April 17 public hearing to take comments.  The division said a 2017 update to Medicare’s physician fee schedule updated California’s geographic regions based on current market conditions for the first time... Read More

NATL. - Insure Tech Companies Warned Not to Cut Regulatory Corners

By Elaine Goodman (medical/business Reporter)
03/19/2018 | 181 | 0 | 14 min read

LAS VEGAS — Insurance technology startups are under tremendous pressure to grow, and that sometimes leads to cutting corners when it comes to regulatory compliance, an attorney and former insurance regulator said on Friday. John Finston And an insure tech company’s competitors are the ones most likely to report them to regulators, said John Finston, a partner in the San Francisco office of law firm Drinker, Biddle & Reath, and former deputy insurance commissioner for the State of California. Finston’s comments came during a presentation on insure tech at the Ame... Read More

MS - High Court Tosses Worker's Bad-Faith Suit

By WorkCompCentral
03/19/2018 | 66 | 0 | 11 min read

The Mississippi Supreme Court last week threw out a poultry worker’s lawsuit against her employer for failing to report her workers’ compensation claim to its insurance carrier in a timely manner. Stacy Triplett had filed a claim seeking total disability benefits for a psychological injury in 2013 after witnessing a colleague’s gruesome death from a fall into a meat grinder. Triplett and Ronnie Duff had both worked for Southern Hens at a poultry plant in Moselle. While they were at work on Sept. 10, 2012, Duff climbed a ladder to clean out an auger. Duff somehow was pulled... Read More

FL - Court Faults Parties and JCC for Failing to Identify Medical Conditions

By WorkCompCentral
03/19/2018 | 48 | 0 | 5 min read

Florida’s 1st District Court of Appeal said it cannot review a judge’s ruling on the cause of a correctional officer’s disabling heart condition without being informed what the condition was, and what the alleged “trigger” had been. Case: City of Jacksonville v. O’Neal, No. 1D16-5673, 03/15/2018, published. Facts: Adrian O’Neal worked for the City of Jacksonville as a correctional officer. He filed a workers’ compensation claim after being diagnosed with heart disease. O’Neal relied on the statutory presumption provided by Florida Statut... Read More


CA - Mullen & Filippi: About the Court of Appeal's Pike Decision

By Mullen & Filippi
03/19/2018 | 125 | 0 | min read

On March 6, the California Court of Appeal issued its decision in County of San Diego v. WCAB (Pike), holding that for injuries on or after Jan. 1, 2008, an injured worker is not entitled to receive temporary disability benefits for any dates more than five years after the date of injury.   The decision was certified for publication and is now citable, binding authority on all cases going forward.  The facts of this case form a familiar pattern: An applicant with a shoulder injury on July 31, 2010, settled his case in May 2011 by stipulations, the... Read More

FL - JCC Erred in Rejecting Opinion of EMA on Firefighter's Impairment After Cardiac Ablation

By WorkCompCentral
03/19/2018 | 43 | 0 | 1 min read

The 1st District Court of Appeal ruled that a judge of compensation claims wrongly dismissed the opinion of an expert medical adviser as to the extent of a firefighter’s impairment. Case: Rodriguez v. Tallahassee Fire Department, No. 1D17-2224, 03/15/2018, published. Facts and procedural history: Ruben Rodriguez worked as a firefighter for the Tallahassee Fire Department. Rodriguez filed a workers’ compensation claim after he was diagnosed with cardiac arrhythmias. The Fire Department accepted liability for his condition. Rodriguez underwent a cardiac ablation procedure in June... Read More

Sullivan On Comp

MT - No Benefits for Supermarket Employee Who Failed to Provide Timely Notice of Injury

By WorkCompCentral
03/19/2018 | 51 | 0 | 5 min read

The Montana Workers’ Compensation Court denied a claim by a supermarket employee, finding her claim was not compensable because she did not timely notify her employer of her alleged injury. Case: Heichel v. Liberty Mutual Insurance, No. 2017-3947, 03/12/2018, published. Facts: Carmen Heichel worked as an assistant baker at Manito Super 1 Foods in Kalispell. The Super 1 employee handbook states that employees are required to report all injuries to a manager, and that the manager is required to have the employee fill out an incident report. On Sept. 21, 2015, Heichel allegedly injured ... Read More

OH - Four Double-Dippers Convicted in Past Month

03/19/2018 | 44 | 0 | 5 min read

An Ohio man who was caught working in Colorado while collecting benefits for a 1991 work injury was one of four double-dippers who pleaded guilty to workers’ compensation fraud in the past month, the Ohio Bureau of Workers’ Compensation said. John Bezusko The BWC’s Special Investigations Unit said that 50-year-old John W. Bezusko was sentenced to five years' probation and ordered to pay $19,530 in restitution to the bureau after he was convicted of a first-degree misdemeanor fraud charge. Bezusko pleaded guilty on March 5. The BWC said Bezusko was injured in 1991 and... Read More

NY - Two Doctors Suspended From Treating Injured Workers

03/19/2018 | 81 | 0 | 4 min read

The New York State Workers’ Compensation Board on Friday announced the suspension of two physicians — one who inappropriately prescribed drugs to patients and another who was convicted of driving while intoxicated. The board suspended the authorization of Dr. Alan Ng ,of Elmhurst, to treat injured workers, effective March 15. Ng had agreed not to contest charges by the state Board for Professional Medical Conduct that he prescribed controlled substances and other medications to patients but failed to render or note appropriate care. Ng may practice medicine only when monitor... Read More

WI - DWC Proposes Minor Changes to Self-Insurer Rules

03/19/2018 | 43 | 0 | 3 min read

The Wisconsin Department of Workforce Development is proposing minor and technical changes to the rules regulating self-insurers in order to comply with legislation passed in 2011 and 2015, according to a notice posted in Friday’s Administrative Register. The department is proposing a change to DWD 80.40 so that the first assessment to fund the Self-Insured Employers Liability Fund will be made on a pro-rata basis according to the gross payroll in the state as reported to the department for the previous calendar year for unemployment insurance purposes. Currently, the first assessment ... Read More

OR - Division Adopts Major Revisions to Procedural, Medical and MCO Rules

03/19/2018 | 67 | 0 | 37 min read

The Oregon Workers’ Compensation Division has adopted substantial amendments to rules regarding rule-making and attorney fees, medical fees, payment for medical services and managed care organizations. The division proposed the rule changes on Feb. 1 and conducted a public hearing on Feb. 21. The changes to Oregon Administrative Rule 436-001 overhaul the processes that the division uses to make rule changes, handle requests for hearings, admit evidence and decide the amount of attorney fees.  Changes to OAR 436-009 and 436-010 establish uniform guidelines for administering t... Read More

MI - WC Agency Posts New Health Care Rules and Fee Schedules

03/19/2018 | 104 | 0 | 42 min read

The Michigan workers' compensation agency on Friday released new health care service rules and a new fee schedule, which will replace the 2016 schedule. The fees are based in part on the October 2017 physicians fee schedule published by the Centers for Medicare and Medicaid Services, the Michigan agency said.  Highlights of the new Michigan rules include updated laboratory procedure codes for drug testing; revised language for reimbursement of dispensed medication; and new billing and reimbursement rules for air ambulances.  The rules, fees and worksheets can be seen at the ag... Read More

KS - New Maximum Weekly Benefits Up

03/19/2018 | 65 | 0 | 14 min read

The Kansas Department of Labor announced new weekly workers' compensation benefits, which rose slightly, and new mileage reimbursement rates, which dropped slightly for the second straight year. The maximum weekly benefit will rise to $630, effective through June 2018. That's up $3 from current rates and marks the sixth straight year that the weekly maximum has risen, according to information from the department.  The actual weekly benefit payment to injured workers is the published maximum weekly rate at the time of the injury, or two-thirds of the worker's gross avera... Read More

TX - States Could Do More to Enforce WC Compliance, Study Says

03/19/2018 | 152 | 0 | 22 min read

Texas could make better use of stop-work orders to crack down on employers who misclassify workers as contractors to avoid paying workers' compensation, a Washington, D.C., think tank said this week. Andrew Elmore The Migration Policy Institute, which studies migration worldwide, on Thursday released a study that shows immigrants are twice as likely as native-born workers to be employed in industries in which labor violations are widespread. Misclassifying workers as independent contractors is common in low-wage businesses, the report said. Some states, including Texas, are not ... Read More