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Workers' Compensation News


 
Cross-Examining Shrinks: Leckart's 5th Rule 01/14/2015
By: Dr. Bruce Leckart
State: NA | Segment: Top | 251 | 0
In the past four months, I have provided a discussion of Leckart’s first four rules for cross-examining psychologists and psychiatrists. Essentially, they are: (1) never ask the doctor about the patient, but confine your questions to the doctor’s report, (2) focus your questions on th...Read More
 
 
Continuing Hope for Reinstatement of the Lien Activation Fee 12/22/2014
By: Melissa LeBlanc
State: NA | Segment: Top | 343 | 0
It is not often that workers’ compensation issues become the subject of federal court proceedings. However, as we all know, the lien activation fee imposed by Senate Bill 863 has been challenged as unconstitutional in the Angelotti case. While the District Court judge imposed a temp...Read More
 
 
Cross-Examining Shrinks: Leckart's 4th Rule 12/10/2014
By: Dr. Bruce Leckart
State: NA | Segment: Top | 341 | 0
In the past three months I have outlined Leckart’s first three rules for cross-examining psychologists and psychiatrists. Specifically, they are: Leckart’s First Rule states the attorney should never ask the doctor about the patient but always confine their questioning ...Read More
 
 
California Case Law Update 12/09/2014
Source: WCC Staff
State: NA | Segment: Top | 579 | 0
NEW! Hamp v. Harrison, Patterson, O'Connor & Kinkead, D064453, (10/30/2014): The 4th District Court of Appeal ruled that an injured worker's malpractice claim against his former attorneys failed as a matter of law. NEW! Cordova v. BNSF Railway, E056223, (11/06/14): A...Read More
 
 
Communication of UR Decision Must be Timely to Go to IMR 11/25/2014
State: NA | Segment: Top | 225 | 0
The rains are a ‘coming. The cold is setting in. Turkey day is almost upon us, which, of course, means that we can expect a flood of “Black Friday” related injuries and Christmas decorations starting November 28. But, before we look too far ahead, there’s this Monday, and ...Read More
 
 
Cross-Examining Shrinks: Leckart's 3rd Rule 11/12/2014
State: NA | Segment: Top | 163 | 0
In September, my monthly newsletter was devoted to cross-examining psychologists and psychiatrists and stated Leckart’s First Rule: Never ask the doctor about the patient, confine your questions to the doctor’s report. As I pointed out, by doing so, no new information can be introduce...Read More
 
 
California Case Law Update 10/31/2014
By: WCC Staff
State: CA | Segment: Top | 711 | 0
NEW! San Francisco State University v. WCAB (Jones), A141793, (10/22/2014): The California 1st District Court of Appeal has declined a request to publish a September ruling which found that an injured worker was not entitled to a fee award based on amendments to the Labor Code from the passage of...Read More
 
 
Crocodile Wrestling 10/20/2014
State: NA | Segment: Top | 278 | 0
At a recent workers’ comp conference in Southern California, Workers' Compensation Appeals Board Commissioner Kathy Zalewski noted that the WCAB commissioners had been doing a bit of “crocodile wrestling” over Dubon. I’ve seen crocodile wrestling in Thailand, a...Read More
 
 
Case Law Update: Unexplained Fall 10/01/2014
By: Teague Campbell
State: NC | Segment: Top | 314 | 0
Norlina Philbeck worked as a field interviewer in social sciences research for the University of Michigan. As a part of her job, Philbeck was required to travel from her home in North Carolina to various places along the East Coast to interview potential participants for research studies. On Aug....Read More
 
 
Court Rules FedEx Discharged Worker in Retaliation for Not Providing Notice 09/30/2014
By: Eugene Keefe
State: NA | Segment: Top | 578 | 0
We feel sure this ruling will be appealed to the 7th Circuit Court of Appeals. In our view, it won’t stop at the district court level and we will have to await the appellate outcome to be sure where it will all go. However, we are certain this ruling “endangers” or calls into qu...Read More
 
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