Oct 30 - Nov 1
Comp Laude® Awards and Gala
Manchester Grand Hyatt San Diego
Case Law Library
Kleinman v. California State Personnel Board
An administrative law judge attempting to return to work after suffering a back injury failed to raise a triable issue as to the reasonableness of her employer's effort to accommodate her.
WCC 38712012 CA
Kmart Corp. v. Lewis Brisbois et al
An appellate court denied Lewis Brisbois Bisgaard & Smith LLP's motion to strike its former client's malpractice complaint based on the firm's role in complex personal injury litigation.
WCC 36492010 CA
KMS Courier, Inc. v. McKesson Corp.
[Unpublished] Standing alone, the Customer Defendants' requests for bids from, and entrance into service contracts with, the Plaintiffs' competitors do not constitute solicitations of a violation of the Unfair Practices Act.
WCC 32842007 CA
Knight v. United Parcel Service
Employer or insurer's failure to provide required notice to an employee of rights under the MPN that results in a neglect or refusal to provide reasonable medical treatment renders the employer or insurer liable for reasonable medical treatment self-procured by the employee.
71 CCC 1423 (2006)
WCC 31862006 CA
Knopfer v. Flournoy
Payments made in lieu of disability payments indemnify him for work-connected disability.
34 Cal.App.3d 318, 38 CCC 913
WCC 27071973 CA
Koch v. Markel Insurance Co., et al.
The owner of an auto repair shop sufficiently alleged a number of causes of action against his broker and business liability insurer for a coverage gap that left him uncovered against a personal injury suit.
WCC 37062011 CA
Kohler vs. Interstate Brands Corp.
Broad settlement language in C&R sufficient to cover previously undisclosed FEHA claim.
103 Cal.App.4th 1096
WCC 29772002 CA
Konig v. State Bar of California
[Unpublished] A negative employment action motivated by retaliation for an employee's efforts to report unethical or improper judicial behavior would fall outside the exclusive remedy provisions of workers' compensation because such conduct violates public policy. However, the collateral estoppel effect of the district court's decision precludes any claim that defendants' actions were so motivated.
WCC 32632007 CA
Kopitske v. WCAB
Failure to pay PDA on request while applicant in rehab results in penalty against PD.
74 Cal.App.4th 623, 64 CCC 972
WCC 3811999 CA
Kopping v. WCAB
If section 4664(b) is understood as representing the Legislatures common sense recognition that there can be no recovery from a permanent disability, then there is no inconsistency between that statute and section 4664(a).
142 Cal. App. 4th 1099
WCC 31812006 CA
Today's Round Up
NV - WCS Schedules Basic Orientation Training
The Nevada Workers’ Compensation Section is holding basic orientation training sessions on Oct. 25.
The classes cover basic regulatory processes for the state’s workers’ compensation system, including a description of the forms needed when a workplace injury or occupational disease occurs.
Training will be held at the agency’s office, 1301 N. Green Valley Parkway, Suite 200, in Henderson. Training will be available via video conference at the Division of Industrial Relations building, 400 W. King St., in Carson City.
The first class is at 9:30 a.m. and the second is .
CA - DWC Posts Draft Benefit Notice Rules to Forum
The California Division of Workers’ Compensation posted proposed revisions to rules pertaining to notice requirements for denied claims to its online forum for public comment.
Senate Bill 1160 requires the DWC to adopt rules by Jan. 1, 2018, to provide workers with notice that they can access medical treatment outside the work comp system when a claim is denied. The proposed revision will add to benefit notices a statement saying, “Although your claim has been denied, if you believe that you still need medical treatment for your injury or illness, you have the right to obtain trea.
CA - Anne Schmitz Named WCAB Secretary
The Workers’ Compensation Appeals Board named Anne Schmitz as its secretary, effective immediately.
Schmitz, a deputy commissioner, served as acting secretary since Aug. 31. She is taking over the position on a permanent basis to replace Richard Newman, secretary and deputy commissioner, who is retiring.
Schmitz joined the Department of Industrial Relations as an attorney in 2010.
Newman joined the WCAB in 2016 after Rick Dietrich retired. Before taking over as secretary, Newman had served as chief judge of the Division of Workers’ Compensation since September 2011.
OH - Woman Ordered to Pay Restitution for Spending Dead Boyfriend's Benefit Funds
0 min read
The boyfriend died, but the workers’ comp checks kept coming.
Because 58-year-old Suzette Hedrick of Toledo, Ohio, cashed the checks, she has a choice of reimbursing the Bureau of Workers’ Compensation $18,576 or serve 10 months in prison, the BWC said in a press release Friday. A Lucas County judge on Oct. 5 sentenced Hendrik to five years of probation after she pleaded guilty to attempted grand theft, a fifth-degree felony, the bureau said.
Hendrick’s boyfriend, whom the bureau did not identify, was receiving permanent total disability benefits until his death on Oct. 3, .
TX - Imprisoned Doctors' Luxury Cars, Diamond-Covered Rolexes Up for Auction
0 min read
The federal government is auctioning off 21 luxury cars seized from two doctors who are serving long prison sentences for running a pill mill in Mobile, Alabama.
Gold jewelry and a series of Rolex watches covered in diamonds will also be auctioned Saturday at the Hilton Austin Airport, KSAT-TV 12 reports.
The items were seized from John Patrick Couch and Xiulu Ruan, who became rich from selling instant-release fentanyl drugs off-label for neck, back and joint pain. The highly addictive opioid, produced by a company called Subsys, was approved only to trea.
CA - CAAA Takes Swing at Governor Over Veto of Apportionment Bill
CA - Court Affirms Dismissal of Disbarred Work Comp Attorney's Distress Claim
CA - Number of QMEs Falls as Panel Requests Increase
CA - Four Deputies at Las Vegas Shooting File Comp Claims
CA - Limited Injunction to Apply Only to Liens Not Listed on DWC Website
NY - Activists Protest Proposed WCB Changes to Impairment Rating Method
CA - Judge Postpones Sentencing of Drobot Jr. Until February
CA - QME Report Examines Impact of Suspended Providers, Med-Legal Agents
CA - Decision Says Claims Had Preclusive Effect on Discrimination Suit
PA - Republican Senators Seek to Introduce Formulary Bill
Oct 30 – Nov 1, 2017
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