It is an alarming reality that penalty petitions now seem to arise from most disagreements between an adjuster and applicant attorney as to a claims issue, even when the adjuster’s position is supported by the facts and a good-faith interpretation of the law. In our experience it appears that the applicant’s bar has seized on …
“Take Nothings” – Are They Worth It? A Sixty-Second Seminar in Workers’ Compensation Claims Handling
“Take Nothing!” This is often a magical phrase to an employer, administrator, and defense attorney. The phrase means that an applicant has lost at trial at the appeals board and was awarded no workers’ compensation benefits. In practice, “Take Nothing” orders are very rare, to the tune that only 1 in 750 cases that go …
Specious Claims Adjuster Education: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
On February 22, 2006, mandatory continuing education for workers’ compensation claims adjusters became required in California when Title 10, § 2592.10 of the California Code of Regulations became operational. Coupled with the 2005 enactment of Insurance Code 11761, adjusters became obligated to accumulate no less than 32 hours of continuing education every two years to …
Defending EDD Liens: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Of the numerous stakeholders who are involved in the resolution of a claim for workers’ compensation benefits, the role of the Employment Development Department (EDD) is often overlooked. However, in practice, an early determination of whether the EDD has paid money to the injured worker, and meaningful contact with the EDD thereafter, are critical. The …
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Dirty Tricks in Workers’ Compensation: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Nobody likes being fooled, especially when done maliciously. Although the Board will act to protect itself from being deemed a willing participant to a fraud, it is less likely to act when the victim is an employer, insurance company or a TPA. Therefore, please consider today’s blog as a public service announcement to warn our …
Where’s Your Evidence? A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Today we are going to tell you an incredible story about three newly-hired workers with physical and psych injuries, who each testified at the Board as to the nature of their industrial accident. The first injury resulted from a car crash. The second occurred from a fall off a ladder, while the third happened when …
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Unnecessary Insurance: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Let’s begin today’s blog with an easy question. Does your company own or lease any motor vehicles, including cars, trucks, vans or busses? Many businesses require employees to use company vehicles when working. Of course, we all know California law requires motor vehicles on a public roadway to be insured for liability. However, additional coverages …
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Serious & Willful Misconduct: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Whenever a catastrophic injury occurs, it is quite common for an applicant’s attorney to seek a penalty against the employer by filing a Petition for Serious and Willful Misconduct (S&W). This is just their way of trying to squeeze a little extra money out of the employer. Unfortunately, many employers do not fully understand exactly …
Credit Rights: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
When an industrial accident is caused by a third party, an injured worker has the right to seek workers’ compensation benefits against the employer, as well as pursue a tort action against all responsible individuals. If the injured worker thereafter receives a settlement in a third-party case, the employer is entitled to a credit against …
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New and Further Disability: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
It is a common practice for applicant attorneys to calendar cases years in advance to reopen for new and further disability. It’s just something applicant attorneys automatically do shortly before the five-years statute of limitations is scheduled to expire. The purpose of today’s sixty-second blog is to share some quick defense tips when handling reopened …
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Blaming the Claims Adjuster: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Have you ever noticed how everyone seems to blame the claims adjuster whenever anything goes wrong in a file? It’s amazing how often it occurs. Let’s start with an injured worker who blames the adjuster for their injury, as if the adjuster somehow caused the accident. We know in reality the adjuster had nothing to …
Exceptions to the $10,000 Rule: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Pursuant to LC 5402(c) an injured worker is entitled to up to $10,000 in medical benefits when compensability of a claim is on delay and/or under investigation. However, this entitlement is not automatic. There are conditions and exceptions to the $10,000 Rule. First of all, a DWC-1 Claim Form must be on file before even …