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Industry Insights

 
The 'Anti-Subrogation' Rule 06/19/2005
State: CA | Segment: | 0
A recent case conveyed what I would call the "Anti-Subrogation Rule," where the court ruled that co-defendants, insured under same policy, cannot pursue cross-claims for indemnification against each other. The case was Fidel Blanco, et al. v. CVS Corporation, d/b/a CVS 346, Indian Rock...Read More
 
 
Test Your Employment Law Knowledge 06/19/2005
State: CA | Segment: | 0
Want to test your knowledge of employment related areas? We invite you to take the following quiz. Answers to the quiz, educational information and clarification will be provided in part 2 of this series. Now, please grab a pencil and paper: ready, set go! by Jamie Charter 1) A...Read More
 
 
Tomaskovich: An IME is NOT a 'Benefit' 06/04/2005
State: CA | Segment: | 0
Definitive ruling: an IME is neither "treatment" nor "a benefit" and therefore cannot trigger the running of the 120-day rule (among other things). Anthony Tomaskovich, Et. Al., v. Andre LaPointe, Case No. 1D04-3318 (Fla. 1st DCA 5/27/05) WHAT Has Happened: On ...Read More
 
 
this is a test article 05/24/2005
State: CA | Segment: | 0
if this works...Read More
 
 
The Impact of CIGA vs. American Motorists 05/08/2005
State: CA | Segment: | 0
The 2nd District Court of Appeal has issued a decision involving CIGA which will have unfortunate far reaching consequences on many existing and future cases. In CIGA v WCAB and American Motorists Ins. Co (B172056, 4/07/05) the court has disapproved the principles established by the WCAB in...Read More
 
 
The Fallacy of ROI as a Measurement Tool 05/07/2005
State: CA | Segment: | 0
By David A. Donn, President of David Donn Consulting, Inc. How often do you see Return on Investment (ROI) being used by managed care service providers to promote the financial benefits of their product? One company says "ROI - 10 to 1" and another says "Our ROI is one of the highest in t...Read More
 
 
The Kelly Case and Manifestations - an Analysis 04/24/2005
State: CA | Segment: | 0
Earlier this month the Florida First District Court of Appeals clarified the 1994-2003 standard of proof for "manifestations" and other alleged sequelae of an original, compensable injury in A. Duda & Sons, Inc. v. Kelly , Case No. 1DO4-1279 (Fla. 1st DCA 4/7/05). WHAT Has ...Read More
 
 
The Ripple Effect of Pretzel Logic 04/24/2005
State: CA | Segment: | 0
In Sandhagen I, the represented applicant, who sustained injury prior to 1/1/05, disputed an untimely adverse UR denial. On 11/16/04, the en banc panel of the WCAB remanded the matter to allow SCIF 20 days to "initiate the QME/AME process" pursuant to LC 4062(a), in order to obtain a medical-...Read More
 
 
The Foot and Industrial Consequences of Injury - Part 4 03/27/2005
State: CA | Segment: | 0
This is the fourth and final article in a series of four by foot and ankle specialist, Dr. Jodi Schoenhaus. The first article contained facts about the human foot and possible ailments due to work-related injuries. The second article in this series reviewed facts about the human ankle. The third a...Read More
 
 
The Legal Definition of Total Disability 03/26/2005
State: CA | Segment: | 0
Effective 1-1-2005, California has a new Permanent Disability Rating Schedule, based on the AMA Guides for the evaluation of permanent impairment, fifth edition. The new rating schedule itself on page 1-2 states as follows: "A permanent disability rating can range from zero to ...Read More
 
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