On July 16, 2003, Labor Code § 3201.5 was enacted, establishing an alternative dispute resolution (ADR) process in California’s workers’ compensation system. ADR is also often referred to as a “carve-out” program. The intent of ADR is to bypass WCAB conferences, hearings, and trials to quickly resolve workers’ compensation disputes without the delays and expense …
Lucky Bucks: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Allow us to begin today’s blog with a question. Have you ever experienced the thrill of scratching off a winning California lottery ticket? A $5 winner alone would probably make a smile come to your face. Winning $50 would likely inspire multiple fist pumps. But how about winning $500? How exciting would that be? Our …
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VCB Liens: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Do you know what a VCB lien is? Many claims professionals have never heard of it, yet under Labor Code 4309(i) it is one of several types of liens which arise in a claim for workers’ compensation benefits. Our blog today will explain VCB liens and provide claims handling instructions, as VCB liens are not …
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Protecting the Employer: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
It is a sad but unfortunate fact that catastrophic injuries resulting in serious injury or loss of life do occur in the workplace. Such tragedies are often investigated by Cal-OSHA and may even draw the attention of the local criminal prosecutor/district attorney should the incident be attributed to gross negligence. It is at this time …
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Unconstitutional Workers’ Compensation Laws: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Allow us to begin today’s blog by asking a question. Are you aware that certain Labor Code sections have been determined to be unconstitutional? For example, the following two Code sections (which governed the payment of death benefits to the “estate” of a deceased employee) have been invalidated in court: LC 4702(a)(6)(A) LC 4702(a)(6)(B) On …
Private Medical Reports: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
The intent of today’s blog is to offer guidance on what employers may do when applicant attorney requests a QME panel in a questionable medical specialty for a denied claim. It is not a revelation that workers who lack private health insurance but need medical care will file a claim for workers’ compensation benefits even …
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Replacing the QME: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
We are continuously bemused at the frequency with which a newly hired applicant attorney will attempt to replace a QME permissibly chosen when an applicant was unrepresented by counsel. The purpose of today’s blog is to warn our clients of the various tactics some applicant attorneys use to avoid a good defense QME report. There …
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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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Beware Your Own Witness: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Today’s blog discusses witness testimony at the Appeals Board, particularly testimony offered when compensability of an industrial injury is in dispute. More frequently than one might anticipate, an employer is caught by surprise when their own witness completely changes their story on the witness stand. Employers naturally feel duped when this occurs and can’t understand …
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