Summer Breeze

Wednesday, June 25, 2008 | 0

By Mullen & Fillipi

Summer Breeze

“Summer breeze, makes me...” No this is not the start of the Seals And Crofts song. And if you have to ask who are Seals And Crofts, then never mind.

News From The South

For those of you who have worked on files both in Northern and Southern California, you know there is a quite a contrast concerning liens and lien claimants.

In Southern California there was a recent big furor over Premier Medical Management Systems in Los Angeles. You may have read about it on WorkComp Central or in other media outlets.

Aside from suspected various acts of alleged fraud, which have been denied by many of those named as suspects, there has also been a civil lawsuit in which the Second District Court of Appeal upheld awards totaling hundreds of thousands of dollars in attorneys fees on May 30th against Premier Medical Management Systems.

The attorneys at Mullen & Filippi’s Van Nuys office have had and continue to have, numerous cases that involve Premier Medical Management Systems.

Fighting Fraud

Search warrants were issued and an arrest was made in Southern California of Jay Allen Vogel, M.D. His arraignment was set to be in Alameda County on June 10, 2008.

News of the arrest came very close in time to other news that a request for a $4 million dollar increase in funding to fight Workers’ Compensation fraud was being temporarily blocked by a State Senate Budget Committee.

EAMS Update

Training and preparation for our paperless system continues. Boards throughout the state will have reduced numbers of hearings during this summer while judges and other state employees undergo training.

There are at least some applicants’ attorneys in Southern California who are optimistic about the changes. They are already scanning documents onto hard disks. Some doctors are doing likewise. At the deposition of a doctor a few months ago, counsel at the M & F Van Nuys office waited while a doctor’s assistant printed out from a computer, documents that no longer existed as permanent hard copies.

Panel QME Rule Changes Pending

Our ever evolving system is now dealing with several proposed changes regarding QME’s. If you want to track them go to: dir.ca.gov/dwc, and follow the rest of the link.

Don’t Trip Over The Threshold

With lien claims being a big matter in Southern California, we are always reminded to watch for even the most basic threshold issues like licensing and permits.

Recently, a corporate lien claimant with a huge claim wanted to go to trial. Just one thing, however. The corporation had been suspended. This was public information available from the website: kepler.ss.ca.gov.

A corporation that is not recognized by the state as being “active” does not have legal standing to pursue its claim.

Rules of Evidence

As we all know, the rules of evidence in Workers’ Compensation are oftentimes very lax. Foundation, hearsay, best evidence and other requirements in civil court often have little or no significance in Workers’ Compensation. However, in the right situation, again often arising when dealing with lien claims, a judge might be persuaded to turn to his or her civil side. This happens when it can be shown that things like a doctor’s signature differs from document to document, when it is suspected that a document has been altered, or when a lien claimant has multiple different sets of billings on an individual.

The attorneys at Mullen & Filippi, LLP are on the alert for these types of issues

More Lien Stuff

At the Boards in Southern California, lien claimant representatives may show up with six, seven, or eight matters on their calendar, even if some of them are set for trial. Often times this results in a lack of preparedness needed in order for a lien claimant to be successful in carrying its burden of proof as required by California Labor Code § 5705. So a helpful hint is that if you are in a position where a lien trial is set, do not stipulate that a claimants’ Kunz study is to be received in evidence. The lien claimant may not have a witness present who is capable of laying the necessary foundation for admitting the document into evidence.

Valley Fever in Kern County

AOE/COE still lives as an issue. Just think about Kern County (Bakersfield area) and Valley Fever. Valley Fever is a windborne infection of the lungs caused by inhaling a certain type of fungus found in soil in the Southwestern part of the United States. Two workers had claimed that they contracted Valley Fever in the course of their employment. No Injury AOE/COE the court said in an unpublished opinion. The court recognized anyone can become infected anywhere in Kern County.

We hope everyone in our Bakersfield office stays healthy.

The Breeze Still Blows On Increasing Permanent Disability

The fight over increasing Permanent Disability Benefits goes on. Mullen & Filippi, LLP will continue to watch the activities by the California Senate regarding Senate Bill 1717. That bill, if it continues to progress, would double Permanent Disability Benefits.

<i>The Mullen & Filippi Bulletin was reprinted from the law firm's website.</i>