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Workers' Compensation News


 
UNDERSTANDING & IMPLEMENTING AB 749 - I 01/19/2003
State: CA | Segment: | 913 | 0
I - BENEFIT CHANGES A. Temporary Disability Benefits: 1. Maximum Rates: There are several different aspects of the changes to Labor Code section 4653(a) and the new rates that take effect beginning on 1/1/03. Of course the Maximum TD rate increases over 3 years ...Read More
 
 
Case Law Update - RU-94 Offers 01/19/2003
State: CA | Segment: | 391 | 0
The Court of Appeal (1st District) recently issued a "writ denied" decision that addressed the expected content of an RU-94 modified/alternative job offer. Writ denied decisions are not citable as authority in judicial proceedings but this case does put employers on notice that improperly documente...Read More
 
 
Negotion Skills for Examiners - Part 2 01/19/2003
State: CA | Segment: | 331 | 0
In the first article of this series we reviewed the first two important fundamentals of successful negotiation, focusing on the target and managing information successfully. Now we'll ...Read More
 
 
EDITORIAL: Reform Should Start with the Title 12/23/2002
State: CA | Segment: | 352 | 0
EDITORIAL:Workers' compensation is at the top of most everyone's lost of those things people love to hate. Injured workers are upset because the benefits are slim and take too long to get, assuming your claim is accepted. Employers complain that rates are too high and keep getting...Read More
 
 
New Rules That Change Practice Before the Board 12/22/2002
State: CA | Segment: | 514 | 0
The WCAB is in the process of adopting extensive changes to the Rules of Practice and Procedure located at California Code of Regulations Sections 10300 to 10999. According to Commissioner James Cuneo in a presentation to the Northern California Workers' Compensation Defense Attorneys Association i...Read More
 
 
New Lien Time Limits ... and Ambiguities 12/22/2002
State: CA | Segment: | 763 | 0
California's 2003 legislation via AB 749 and 486 brought in some new rules in the filing and enforcement of medical liens, the most important of which are time limitations on the filing and prosecution of liens. Perhaps of greater importance than the black letter statutory time frames set forth in t...Read More
 
 
VRMA Due When Good Faith Question re QIW? 12/22/2002
State: CA | Segment: | 683 | 0
The District Court of Appeal (2nd District) has agreed to review a Board decision to award retroactive VRMA in a situation where the employer had reason to believe the employee was not a QIW. The DCA may also address a "breach of notice requirement" where an employee is disabled for less than 90 da...Read More
 
 
Negotiation Skills for Examiners - Part 1 12/22/2002
State: CA | Segment: | 357 | 0
A big part of the claims examiner's job is negotiating. Benefits, liens, attorney fees ... the list seems endless. This article on negotiation skills is the first in our next series of essential examiner skills. Negotiation Skills - The Fundamentals Of Successful Negotiations Negot...Read More
 
 
Tips to Avoid a Holiday Party Work Comp Hangover 12/10/2002
State: CA | Segment: | 448 | 0
Holiday parties are almost a foregone conclusion, but along with the fun, camaraderie and joviality is a measure of workers' compensation risk that is generally not appreciated.Though case law goes both was, generally, injuries incurred at the annual holiday party will probably be compensabl...Read More
 
 
Chambers, Fees, and Work Comp 12/10/2002
State: CA | Segment: | 608 | 0
If you're a lawyer in California you have no doubt heard of the relatively recent Supreme Court fee splitting decision in Chambers vs. Kay (2002) _Cal 4th [2002WL 31444916 (Cal.)]. The Court in the Chambers case strictly construes Rule Of Professional Conduct 2-200 which prohibits referral fees or s...Read More
 
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