The business of insurance
In Robles v. The Estate of Vicky Bleazard, dba Bleazard Co., 2016 Cal. Wrk. Comp. P.D. LEXIS 330, the WCAB held that a WCJ erred when it denied an applicant's petition to join deceased employer's estate and the Uninsured Employers Benefit...Read More
In Bissett-Garcia v. Peace and Joy Center, 2016 Cal. Wrk. Comp. P.D. LEXIS 174, the WCAB held that a defendant's UR decision was timely when the request for treatment initially was sent only to the defense attorney, and that attorney immediatel...Read More
More than 11 years ago, I answered a job ad for journalists and faced the most intriguing opportunity of my career: Working for a former lawyer who had launched a website and said he wanted to base his business model on doing good journalism.
I took that plunge, mostly because I'd bee...Read More
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I recently attended the Workers’ Compensation Section 2016 Spring Conference at the State Bar of California. One speaker, the Honorable Judge Cliff Lee, presented “Oops: Mistakes, Errors and Petitions to Set Aside.” His insights are well worth sharing.
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In Hartzheim Dodge Inc. v. WCAB (Navarro) (2016) 81 CCC 362 (writ denied), the WCAB held that an employer was not entitled to credit against its workers’ compensation liability for a discrepancy between an applicant’s civil settlement and the amount reserved as payment for damage...Read More
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Jurisdiction and subrogation
In Collazo v. Global Manufacturing (2016 Cal. Wrk. Comp. P.D. LEXIS 86), the Workers' Compensation Appeals Board held that a defendant was not entitled to a credit from an applicant's civil settlement when it was not clear from th...Read More
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Business of insurance
In CIGA v. WCAB, 2016 Cal. App. LEXIS 213, the 2nd District Court of Appeal held that CIGA was not bound by a C&R agreement between two insurers apportioning liability for remaining liens.
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Sent out repeatedly by all of the participants in the process, the subpoena for records is easily the most frequently used official document in workers’ compensation practice, yet it remains poorly understood and frequently misused. Understanding its essentials will prevent you fr...Read More
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JURISDICTION AND SUBROGATION
In Moore v. William Jessup University (2015) 81 CCC 31, the 3rd District Court of Appeal held that a delivery driver's negligence claim against a third party for inaccurately stating the weight of a box was barred under the assumption of risk doctrine....Read More