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Firm Receives a Take Nothing on Stress Claim

Applicant Claimed injury to her Psyche on a cumulative trauma basis. The applicant was the supervisor over a department that wrote over $2 mil in loan guarantees that were later found to be fraudulent. The FBI investigated the fraud and the applicant was involved in attempting to...
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Firm prevails at trial in back surgery dispute using Labor Code Section 4610(g)(6)

This was an accepted low back injury. DRE II – 9% after apportionment to preexisting injury. AME retro P&S’s him last year when he was evaluated. Tried to settle but AA gets treating reports to request surgery. Double fusion is requested. UR denies it. IMR is requested....
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Roy Hilton v Atlanta Falcons – Arbitration Decision

Applicant filed his claim over 35 years after retiring from the NFL in 1976. In the Application for Adjudication, CIGA was named as a party-defendant to represent the interests of Mission Insurance Company on behalf of the Atlanta Falcons. CIGA subsequently denied liability, and...
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Firm Prevails at Trial Involving QME Specialty

In the matter of Hugo Cisneros the applicant filed a claim for specific injury to his low back while performing lifting activities at the insured, Bayview Vineyards Corporation. Applicant’s counsel submitted a request for QME panel list in the field of chiropractic...
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Summary of Practice Tips from the 10/15/2011 Workers’ Compensation Seminar at WorkerCompCentral in Camarillo, California

1. When opening a case, assume it will go to trial. This will provide a better more organized approach to asserting your client’s position even if it does not end up going to trial. 2. When considering denials, consider the following: If a defendant denies a case based upon a...
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Firm prevails on reconsideration: a .187 Blood Alcohol level precludes recovery based on LC section 3600(a)(4) defense

The WCAB in a panel decision has overturned the WCJ’s finding allowing a lien claimant to recover on a $305,200.00 lien based on LC section 3600(a)(4).  The panel in a split decision found the Applicant was intoxicated at the time of his fall and overturned the WCJ’s award to a...
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Firm’s Bengal Cases Subject of Article on Workcompcentral

The firm’s two lodestar cases involving the Cincinnati Bengals were the subject of an article on workcompcentral.com.  Author John P. Kamin  wrote about the Wesley Carroll and Eddie Brown cases in an on-line article published June 22, 2010 on the workers’ compensation website. ...
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Northern California Workers’ Compensation Defense Attorney Association Half Moon Bay Seminar Summary

Substantial evidence is a judicial review appellate decision. Therefore this issue does not need to be raised on the pretrial conference statement and can be raised for the first time in a petition for reconsideration of writ for review. The level that the WCJ has to decide is...
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What to do when you receive a treating physician request for authorization of Spinal Surgery?

When you receive a request from a designated treating physician that is a member of the MPN (if applicable) you then have the choice of putting the request through utilization review, however, it is not mandatory. Defendant also has the right to concurrently follow the procedures...
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