The other day we were thinking how nice it would be if workers’ compensation adopted a new fee schedule to reduce the number of interpreter liens currently being filed. The sheer number of interpreter liens being filed at the appeals board is truly staggering. We are not talking about hundreds or thousands of liens. We …
The Interpreter Fee Schedule: A 60-Second Seminar in Workers’ Compensation Claims HandlingRead More
Most claims professionals have never heard of the “20/120 rule” in workers’ compensation. It can be found in the Regulations under 8 CCR 10636(b), governing the request, production, and service of benefit printouts. For the most part, claims administrators consider the production and service of a benefit printout as a clerical function. Unfortunately, clerical staffers …
The 20/120 Rule: A 60-Second Seminar in Workers’ Compensation Claims HandlingRead More
Have you ever encountered an applicant attorney demanding two supplemental job displacement benefit (SJDB) vouchers when settling multiple claims filed on behalf of an injured worker? Perhaps the case involves two injuries (a specific and a CT) where both claims are eligible for a voucher. Is that even possible? Also, what happens if an injured …
Double Vouchers: A 60-Second Seminar in Workers’ Compensation Claims HandlingRead More
Arguably, the two most powerful words in workers’ compensation are “show me.” All too often opposing counsel will offer their interpretation of the law in an attempt to further an argument at the Board. When this occurs, it is vital for the defense to simply say, ‘show me.’ In other words, “prove it.” It is …
The Show Me Defense: A 60-Second Seminar in Workers’ Compensation Claims HandlingRead More
When industrial compensability is in dispute, either for an entire injury or for just a body part, claims administrators should act cautiously should a Request for Authority (RFA) be received. The RFA is not to be addressed by utilization review (UR). Instead, pursuant to Labor Code §4610(l)&(m) and C.C.R. 9792.9.1(b)(1), the administrator should respond within …
Red Flag UR Decisions: A 60-Second Seminar in Workers’ Compensation Claims HandlingRead More
We begin today’s blog by asking a simple question: if an injured worker lies to a workers’ compensation administrator, can that employee be charged with criminal fraud? The answer depends on the nature and extent of the lie. Some deceptions are of negligible import, while others are material and should lead to a criminal prosecution, …
Claims Adjuster Fraud: A 60-Second Seminar in Workers’ Compensation Claims HandlingRead More
In today’s world of workers’ compensation, it is common for claims administrators, insurance companies and law firms to use an out-of-state mailing address, which may result in a misunderstanding of our state’s mailbox rule and how it applies to extend response time. With that said, we will dedicate today’s blog to provide a timely discussion …
The Mailbox Rule: A 60-Second Seminar in Workers’ Compensation Claims HandlingRead More
Have you ever carefully read California Labor Code §4610.3(a), on the issue of rescinding a physician’s authority to treat an injured worker? As you might expect, like most procedures in the workers’ compensation context, recission ain’t that easy! LC §4610.3(a) provides: “. . . an employer that authorizes medical treatment shall not rescind or modify …
Rescinding Medical Authority: A 60-Second Seminar in Workers’ Compensation Claims HandlingRead More
For several years, the California Applicant Attorney Association (CAAA) has complained about the low weekly permanent disability rate being paid to injured workers. The applicants’ bar asserts that a disabled employee cannot survive on a compensation rate of only $290.00 per week. It is especially devastating when injured workers exhaust their entitlement to temporary disability …
The PD Rate: A 60-Second Seminar in Workers’ Compensation Claims HandlingRead More
Three days before Christmas, a funny thing happened in the workers’ compensation world. A long-standing provision of the Labor Code was declared unconstitutional. Specifically, on 12/22/23, the California Court of Appeals declared LC §139.32(b) unconstitutional on the grounds of vagueness. What’s funny about that? Nobody in the workers’ compensation community seems to have noticed! LC …
Nobody Noticed: A 60-Second Seminar in Workers’ Compensation Claims HandlingRead More
Have you ever heard of the “Wimpy Syndrome”? It occurs every few years when our state legislature considers workers’ compensation reform. The Wimpy Syndrome is named after a fictional cartoon character prominently featured in the original Popeye the Sailor comic strips of the 1930’s. J. Wellington “Wimpy” is a gourmet of the finest hamburgers money can buy, …
The Wimpy Syndrome: A 60-Second Seminar in Workers’ Compensation Claims HandlingRead More
When attempting to settle an expensive/high exposure claim for workers’ compensation benefits have you considered a structured settlement funded by an annuity? If not, our blog today will be of interest as we will put to rest three prevailing myths about settling via an annuity. Note, to abide by our one-minute blog time limit we …
