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IMPORTANT MEDICARE INFORMATION

MEDICARE SECONDARY PAYER MANDATORY REPORTING LEGISLATION Please be advised that the 2007 extension act of the secondary Medicare payer code requires a timely reporting to DHHS(Department of Health and Human Services) by the carrier/TPA of a settlement, judgment or Award to a...
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Benson v. Workers’ Compensation Appeals Board

ISSUE In the Benson case, the Court of Appeal granted a writ for review to determine whether or not the long-held doctrine of the Wilkinson case is still applicable after the passage of Senate Bill number 899. The Wilkinson case established that if multiple injuries become...
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Ogilvie v. City and County of San Francisco

ISSUE The issue involved in the case of Ogilvie is whether or not the diminished future earning capacity (DFEC) modifier contained within the 2005 permanent disability rating schedule can be rebutted. This decision involves an en banc unanimous decision from the Workers’...
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Wilkinson case is overturned; Two separate injuries to the same body part results in combined award

– re-published with permission from workcompcentral A Workers’ Compensation Appeals Board en banc decision announced Friday overturns a 30-year-old precedent that provided an injured worker who sustains two separate injuries to the same part of the body, which become...
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Court of Appeal Discusses Apportionment and Age Discrimination

– re-published with permission from workcompcentral Vaira v. WCAB (California Travel and Tourism Commission) – California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered...
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Calif. 5th: ACOEM Applies for 1983 Injury Treatment: Top

– re-published with permission from workcompcentral A California appellate court agreed with the Workers’ Compensation Appeals Board that a stipulated agreement from 1985 doesn’t necessarily allow continuous chiropractic care without WCAB oversight in 2006.
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WCAB Further Defines ‘Sudden and Extraordinary’ Event: Courts7

re-published with permission from workcompcentral A fall from construction scaffolding caused by a breaking board is both a “sudden and extraordinary” event qualifying the injured worker for a psychological award under the six-month rule, a California Workers’...
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WCAB Overturns Estoppel-Based Extension of TTD

– re-published with permission from workcompcentral The Workers’ Compensation Appeals Board (WCAB) has overturned an administrative law judge who estopped an employer from asserting the 104-week cap on temporary total disability benefits based on delays in authorizing two...
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71 CCC 1423 (2006): Knight v. United Parcel Service – WORKERS’ COMPENSATION APPEALS BOARD

STATE OF CALIFORNIA Case Nos. AHM 127807 AHM 129147 BRUCE KNIGHT, Applicant, vs. UNITED PARCEL SERVICE; and LIBERTY MUTUAL INSURANCE COMPANY, Defendants. OPINION AND DECISION AFTER RECONSIDERATION (EN BANC)
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