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Workers' Compensation News

New Rules That Change Practice Before the Board 12/22/2002
State: CA | Segment: | 897 | 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: | 1401 | 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: | 1158 | 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: | 702 | 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: | 761 | 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: | 953 | 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
Understanding Medical-Legal Evaluations - Part 2 12/09/2002
State: CA | Segment: | 882 | 0
Our first article in this series on medical-legal examinations and reports reviewed what the purpose is and how the medical-legal report affects your case. Remember though, a medical-l...Read More
Settlement of VR - Hidden Danger 12/08/2002
State: CA | Segment: | 743 | 0
The injured employee (post 1/1/03 injury) has just been determined P&S and QIW; you have accepted liability for VR. You call applicant's attorney to agree on a QRR and the attorney indicates his client is setting up his own business and wants to settle his right to VR benefits/services for $10,000 ...Read More
Claim File and System Documentation Part 2 12/08/2002
State: CA | Segment: | 729 | 0
The first part of this article series reviewed why file documentation is important, and the different types of people that will review your file documentation (and why). Now we'll disc...Read More
RU-94 - Further Revisions 11/26/2002
State: CA | Segment: | 896 | 0
The CA DWC is proposing further revision of the RU-94 Notice of Offer of Modified or Alternative Work. You may recall that the DWC was proposing to add the statement, All employees must present documents required for completion of INS Form I-9 prior to starting modified or alternative wor...Read More
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