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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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Almarez V. Environmental Recovery Services / Guzman V. Milpitis Unified School District

ISSUE The issue that the Workers’ Compensation Appeals Board addressed in the Almarez/Guzman decision is whether or not the AMA guide portion of the 2005 schedule is rebuttable. RULE The rule established by this joint decision is that either applicant or defendant may rebut a WPI...
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Barr v. WCAB

ISSUE The issue in this case is whether or not a Workers’ Compensation Judge has the right to award costs for the report and opinion of a vocational rehabilitation consultant under Labor Code § 5811 if the report is in fact inadmissible under Labor Code § 5703. RULE The...
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Ramirez v. Drive Financial Services

ISSUES By way of background it should be noted that the applicant was employed as a Collections Specialist. The case settled by way of Compromise and Release on December 7, 2004 with an Order Approving issued on that date. Pursuant to the Order Approving C&R, the insurance...
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SCIF V. WCAB (SANDHAGEN)

ISSUES It should be noted that the Sandhagen case involved a situation where an applicant sustained an admitted injury when he was struck by a car while working as a foreman on a road construction project. He continuously received medical treatment after the accident. While...
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SMITH/AMAR V. WCAB

ISSUE In the Smith case it should be noted that Smith sustained industrial injuries from a cumulative trauma and was awarded partial permanent disability including future medical treatment. Later the insurance carrier denied treatment for his back but did not file a Petition to...
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TTD Maximum Rate Increase

Effective 1/1/09 the new TTD Maximum Rate will be increased to $958.01 and the TTD Minimum Rate will be increased to $143.70. The Maximum rate will therefore be increased 4.55 percent. Please also note that any Applicant with a date of injury after 1/1/03 who is receiving...
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