It is with profound sadness that we announce the sudden and tragic death of our treasured friend and co-worker, Paul Lee, Esq., who passed away on Friday, March 10, 2023. Paul’s warm and caring personality, his joy of life, and his boundless professional and personal talents will be terribly missed and impossible to replicate. We …
First Aid: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
As strange as it may seem, the rules under California’s workers’ compensation act pertaining to “first aid injuries” are becoming more and more complex. Instinctively thought of as minor injuries which could be handled directly by the employer without the necessity of reporting an injury to their workers’ compensation insurer or requiring formal claims administration, …
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Commutations: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
At a recent WCAB hearing, a judge was asked to approve a petition for commutation to enable an applicant to pay off a large credit card debt that was accruing interest at an annual rate of 22%. The applicant testified he could never get financially ahead in life as the interest charges alone were greater than …
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Surveillance: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Today’s blog is all about surveillance. Many employers and claims administrators tend to rely on surveillance as a last resort to disprove the existence of an industrial injury/disability, or perhaps to determine if a claimant is employed elsewhere while collecting compensation benefits. Before assigning an investigation, it is important for the claims administrator to develop …
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Workers’ Compensation Nurses: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
In today’s world of workers’ compensation, it is a most welcome and common occurrence for nurses to be engaged to assist and participate in the adjustment of industrial claims; however, most claims professionals are unaware there are six (6) different types of nurses available in workers’ compensation, each of which has a different but vital …
LC 5710 Attorney Fees: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Pursuant to Labor Code Section 5710, an applicant attorney is allowed to charge an hourly fee when representing an applicant at their deposition in a workers’ compensation case. Unfortunately, we do not have a fee schedule which provides guidance as to how much to an applicant attorney is to be paid for deposition services. In …
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Petition for Contribution: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
When multiple employers or insurance companies share liability for an industrial injury, the injured worker is allowed to choose which of those defendants they want to administer the benefits they are entitled to receive. The elected entity then handles the entire claim subject to their right to seek contribution from the other defendants. Having written …
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The 24-Visit Cap: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
For injuries occurring on or after January 1, 2004, Labor Code Section 4604.5(c)(1) limits an applicant to twenty-four (24) chiropractic, physical therapy, and occupational therapy treatments. There are; however, three exceptions that allow for additional visits, defined as follows: a. When the injury occurs prior to 1/1/2004,b. When an exception is authorized in writing by …
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Avoiding the Deposition of the Claims Adjuster: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
When a dispute arises between an Applicant’s Attorney (AA) and a claims adjuster (even if trivial in the grand scheme of things), AA may issue a notice of deposition to the adjuster. While we would like to believe that such notices are not issued out of spite or harassment we can only speculate. One thing …
Subpoenas, Medical Releases and Public Records: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Do you know when to use a subpoena versus a medical release or public record? Once again, our blog will discuss yet another topic where education is not readily available. Today we will quickly go over the major differences in obtaining records through subpoenas, medical releases, and public records. As a procedural tip be certain …
C&R Rescission: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Our blog today concerns a developing trend at the appeals board where settlement agreements designed to forever close claims are now being set aside, resulting in the files being reopened with litigation resuming. This trend is growing at such a rate that employers now need to employ additional protections to preserve their C&R settlements. For …
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Inconsistent Testimony: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
It is quite common for an employee to file a claim for Unemployment Insurance benefits (UI) after an employee is laid off; however, to receive up to 26 weeks of UI benefits the ex-employee must certify under the penalty of perjury they were available for and capable of working every day. During the 26 weeks …
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