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Case Law Developments
NEW! 9/8/2009 12:35:03 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 9/8/2009)
Here are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please email me or post a comment to this blog with your request. If you haven't registered at this site yet, you must do so before you can logon to po
By Robin E. Kobayashi

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Case Law Developments
9/1/2009 3:05:48 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 9/1/2009)

Here are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please email me or post a comment to this bl

By Robin E. Kobayashi

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Larson's Emerging Issues & Trends
8/23/2009 9:22:27 PM EST
Injured Worker Caught Misbehavin’ Online (or: How an Employer Learned to Stop Worrying and Love MySpace)

While employers have legitimate concerns about employees revealing company trade secrets and other confidential work information on MySpace, Facebook, Twitter, etc., employers have also found social media useful for snooping into their employees’ personal lives.

By Robin E. Kobayashi

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Case Law Developments
8/23/2009 11:26:22 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 8/25/2009)

The following are recent panel decisions that we're considering for the LexisNexis database of noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like

By Robin E. Kobayashi

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Case Law Developments
8/18/2009 1:08:16 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 8/18/2009)

The following are recent panel decisions that we're considering for the LexisNexis database of noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like

By Robin E. Kobayashi

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Case Law Developments
8/10/2009 2:10:41 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 8/10/2009)

The following are recent panel decisions that we're considering for the LexisNexis database of noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like

By Robin E. Kobayashi

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Case Law Developments
8/3/2009 3:40:13 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 8/3/2009)

The following are recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon to your web center account

By Robin E. Kobayashi

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Case Law Developments
7/30/2009 2:26:36 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 7/30/2009)

Here are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please email me or post a comment to this bl

By Robin E. Kobayashi

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Case Law Developments
7/27/2009 3:27:43 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 7/27/2009)

The following are recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon to your web center account

By Robin E. Kobayashi

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Case Law Developments
7/21/2009 9:42:10 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 7/21/2009)

Here are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please email me or post a comment to this bl

By Robin E. Kobayashi

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Case Law Developments
7/18/2009 2:02:13 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 7/18/2009)

Here are some recent panel decisions issued by the Calif. Workers' Comp. Appeals Board that we're considering for the LexisNexis panel decisions database. If you would like a copy of any of these decisions, please email me or post a comment to this blog with your request.

Berthiaume v. City of Chula Vista, PSIBy Robin E. Kobayashi

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Trends & Developments
7/12/2009 11:09:24 AM EST
California Vocational Rehabilitation and the Sweet Hereafter – Struggling to Find Meaning Post-Weiner

Does a workers' compensation system that loses its vocational rehabilitation program lose its meaning?

In 1965 the By Robin E. Kobayashi

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Case Law Developments
7/9/2009 11:30:42 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 7/9/2009)

Here are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon to your web center account and

By Robin E. Kobayashi

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Case Law Developments
7/2/2009 1:58:21 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 7/2/2009)

Here are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon to your web center account and

By Robin E. Kobayashi

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Larson's Emerging Issues & Trends
7/1/2009 1:47:58 PM EST
SSA's Proposal to Replace the Outdated Dictionary of Occupational Titles

The Social Security Administration (SSA) has announced that they're developing a new Occupational Information System (OIS) to replace the information currently obtained from the Dictionary of Occupational Titles (DOT), including the Selected Characteristics of Occupations (SCO) and Revised Handbook for Analyzing Jobs (RHAJ).

There's widespread agreement among the legal community and the SSA that the Dictionary of Occupational Titles is outdated, with inaccurate job descriptions,

By Robin E. Kobayashi

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Case Law Developments
6/30/2009 3:07:02 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 6/30/2009)

Here are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon to your web center account and

By Robin E. Kobayashi

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Case Law Developments
6/26/2009 12:08:29 PM EST
Calif. Vocational Rehabilitation and the Weiner Decision: Did Injured Worker Lose His Rights?

One of our community members – an injured worker –  recently asked whether, in light of the WCAB's recent en banc decision in By Robin E. Kobayashi

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Case Law Developments
6/25/2009 2:44:36 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 6/25/2009)

Here are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon to your web center account and

By Robin E. Kobayashi

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Case Law Developments
6/22/2009 10:22:00 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 6/23/2009)

Here are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon to your web center account and

By Robin E. Kobayashi

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Case Law Developments
6/18/2009 12:06:48 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 6/18/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we plan to post to lexis.com. If you would like a copy of any of these deci

By Robin E. Kobayashi

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Statutory & Regulatory Developments
6/12/2009 12:11:21 PM EST
Texas Legislature Takes On "Pill Mills"

In November 2007, reporter Stephen Dean at Local 2 Investigates uncovered the booming business of so-called "pill mills" in H

By Robin E. Kobayashi

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Case Law Developments
6/11/2009 2:15:47 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 6/11/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com. If you would like a copy of any of these dec

By Robin E. Kobayashi

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Case Law Developments
6/3/2009 7:26:16 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 6/3/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com. If you would like a copy of any of these dec

By Robin E. Kobayashi

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Fraud
5/25/2009 12:51:34 AM EST
OSHA-gate: The Story Behind the Story

The news headline in recent days has been the House committee hearing on the underreporting of workplace injuries and illnesses. Click here.

The By Robin E. Kobayashi

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Case Law Developments
5/23/2009 11:51:06 AM EST
Calif. WCAB Panel Decision: Morgan v. Redwood Credit Union (Post-Almaraz With Dissent)

In Morgan v. Redwood Credit Union, a majority of a WCAB panel has granted Applicant's petition for reconsideration and returned the matter to the trial level for further development of the medical record in accordance with the WCAB's recent en banc decision in Almaraz/Guzman. The majority found that Applicant raised the issue of permanent disability in the pre-trial conference statement and by arguments at trial concerning the correct permanent disability rating schedul

By Robin E. Kobayashi

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Case Law Developments
5/18/2009 1:54:31 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 5/17/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy

By Robin E. Kobayashi

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Trends & Developments
5/15/2009 11:50:47 AM EST
Workers' Comp Laws of California - 2009 Supplement Shipping Now to Customers

The 2009 midyear supplement to Workers' Compensation Laws of By Robin E. Kobayashi

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Case Law Developments
5/12/2009 1:44:00 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 5/12/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy

By Robin E. Kobayashi

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Trends & Developments
5/8/2009 7:16:55 PM EST
Does a Case End When the Injured Worker Passes Away?

I recently received an inquiry from one of our community members. She said that her husband had a long running comp case, having been injured at work.  He recently passed away.  She was told that the case is now closed and she can't do anything about it.  She had taken care of her husband for 14 years because he was disabled and unable to work due to the work-related injury.  Is his case over and done with?

I talked to an applicant's attorney here in

By Robin E. Kobayashi

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Case Law Developments
5/4/2009 2:16:14 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 5/4/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy

By Robin E. Kobayashi

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Case Law Developments
4/28/2009 12:50:42 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 4/28/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy

By Robin E. Kobayashi

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Case Law Developments
4/24/2009 11:29:14 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB - Includes New Post-Almaraz/Guzman Case (Posted 4/24/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy

By Robin E. Kobayashi

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Legal Developments
4/17/2009 10:53:53 AM EST
Free Weekly eNewsletter Alert for Calif. Workers' Comp April 22, 2009 - Sign Up Now for Free

Dear Community Members:

I've just sent out the April 22, 2009 free weekly eNewsletter alert covering recent changes in California workers' compensation law as reported on the LexisNexis Workers' Compensation Law Center.

I've added a new feature called Sneak Preview, where eNewsletter recipients get advanced access to materials before they go live on the Workers' Compensation Law Center.

If you would l

By Robin E. Kobayashi

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Case Law Developments
4/12/2009 11:51:47 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 4/17/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy

By Robin E. Kobayashi

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Case Law Developments
4/12/2009 11:49:14 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 4/13/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy

By Robin E. Kobayashi

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Case Law Developments
4/3/2009 9:13:31 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 4/6/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy

By Robin E. Kobayashi

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Case Law Developments
4/1/2009 3:41:55 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 4/1/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a

By Robin E. Kobayashi

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Case Law Developments
3/30/2009 3:14:03 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 3/30/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy

By Robin E. Kobayashi

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Case Law Developments
3/25/2009 2:21:49 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 3/26/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a

By Robin E. Kobayashi

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Case Law Developments
3/23/2009 1:40:58 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 3/23/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy

By Robin E. Kobayashi

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Larson's Emerging Issues & Trends
3/20/2009 12:11:50 AM EST
Clara Lemlich Public Service Awards 2009 Recipients: Hon. Hillary R. Clinton, Barbara Levine, Hon. Edward Pitts, Troy Rosasco, Randi Weingarten

The Triangle Shirtwaist Factory Fire Memorial has announced the 2009 recipients of the Clara Lemlich Public Service Awards for  their work and efforts in calling attention to and participating in the reform of workers’ compensation and improvement of occupational safety in New York State and for championing workers’ interests. They are:

Case Law Developments
3/18/2009 1:41:48 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 3/18/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy

By Robin E. Kobayashi

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Case Law Developments
3/3/2009 9:39:46 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 3/3/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy of any of these decisions now, please logon and post a comment to this blog with your request. If you haven't registered at

By Robin E. Kobayashi

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Case Law Developments
2/7/2009 12:26:49 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 2/6/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy of any of these decisions now, please logon and post a comment to this blog with your request. If you haven't registered at

By Robin E. Kobayashi

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Case Law Developments
1/6/2009 1:43:23 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 1/5/2009)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy of any of these decisions now, please logon and post a comment to this blog with your request. If you haven't registered at

By Robin E. Kobayashi

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Case Law Developments
12/16/2008 1:31:22 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 12/15/2008)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy of any of these decisions now, please logon and post a comment to this blog with your request. If you haven't registered at

By Robin E. Kobayashi

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Case Law Developments
11/26/2008 2:44:30 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 11/26/2008)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy of any of these decisions now, please logon and post a comment to this blog with your request. If you haven't registered at

By Robin E. Kobayashi

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Case Law Developments
10/29/2008 8:02:01 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 10/29/2008)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy of any of these decisions now, please logon and post a comment to this blog with your request. If you haven't registered at

By Robin E. Kobayashi

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Case Law Developments
10/10/2008 1:26:25 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 10/10/2008)

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy of any of these decisions now, please logon and post a comment to this blog with your request. If you haven't registered at

By Robin E. Kobayashi

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Trends & Developments
10/2/2008 8:41:25 PM EST
California: EAMS Is Here – Are You Prepared?

LexisNexis, publisher of California Compensation Cases, the most cited authority with both the Workers' Compensation Appeals Board and the courts, presents LexisNexis Total Practice AdvantageTM for California Workers' Compensation. This new EAMS-compliant solution is organized

By Robin E. Kobayashi

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Case Law Developments
9/1/2008 2:54:34 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 9/5/2008)

The following are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon and post a comment to this blog with your request. If you haven't registered at this site yet, you must do so before you can logon to post a comme

By Robin E. Kobayashi

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Case Law Developments
8/13/2008 1:00:25 AM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 8/14/2008)

The following are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon and post a comment to this blog with your request. If you haven't registered at this site yet, you must do so before you can logon to post a comme

By Robin E. Kobayashi

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Case Law Developments
8/6/2008 11:13:28 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 8/6/2008)

The following are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon and post a comment to this blog with your request. If you haven't registered at this site yet, you must do so before you can logon to post a comme

By Robin E. Kobayashi

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Case Law Developments
7/28/2008 11:45:04 PM EST
Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 7/28/2008)

The following are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon and post a comment to this blog with your request. If you haven't registered at this site yet, you must do so before you can logon to post a comme

By Robin E. Kobayashi

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Workers' Compensation News
7/22/2008 7:23:58 PM EST
Send us a News Tip!

Send us a News Tip!

By Robin E. Kobayashi

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Longshore Act & Defense Base Act
7/18/2008 3:56:18 AM EST
A Survey of Recent Longshore Act Cases Issued by U.S. District Courts

The following list contains selected U.S. District Court cases from the last year that litigate issues raised by practice under the Longshore and Harbor Workers' Compensation Act (31 U.S.C.S. § 901 et seq.). 

By Robin E. Kobayashi

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Larson's Emerging Issues & Trends
7/11/2008 11:27:24 AM EST
An Overview of the XVIII World Congress on Safety and Health at Work

The XVIII World Congress on Safety and Health at Work recently convened in Seoul, Korea, on June 29-July 2, 2008. The World Congress, which meets every three years, attracts several thousand decision makers, safety and health professionals, employers, workers' representatives, a

By Robin E. Kobayashi

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Larson's Emerging Issues & Trends
6/28/2008 11:42:01 PM EST
OSHA-gate: The Story Behind the Story

The news headline in recent days has been the House committee hearing on the underreporting of workplace injuries and illnesses. Click here.

The By Robin E. Kobayashi

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Apportionment
6/23/2008 9:15:52 PM EST
Is There LIfe After Being a Workers' Comp Judge? My Interview With Neil R. Robinson

Is there life after being a workers' compensation judge in the California workers' compensation system? 

I've asked one former judge, Neil R. Robinson, about his recent appointment as a California Special Assistant Inspector General. I think you'll find his comments below quite interesting!

What does a California Special Assistant Inspector General do?
By Robin E. Kobayashi

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Larson's Emerging Issues & Trends
6/22/2008 2:01:54 PM EST
Global Warming and Heat Related Injuries on the Job

As I sit here writing this blog in triple-digit heat, with my A/C going full blast, drinking out of my fifth plastic bottle of water for the day, and contributing to my growing carbon footprint, which is probably the size of the state of California by now, much to my dismay, I'm reminded of CalOSHA's heat warnings to employers to take special precautions for workers who must work in the heat.

By Robin E. Kobayashi

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Case Law Developments
6/18/2008 10:33:47 AM EST
CA WCAB Panel Relies on Pre-2005 Medical Records to Apply 1997 Schedule for Permanent Disability

A Calif. WCAB panel has found that, even though the doctor's report by itself didn't constitute substantial evidence to show existence of PD, pre-2005 medical records indicating the existence of PD were sufficient under the Cugini case for application of the 1997 Schedule.

 

The case is By Robin E. Kobayashi

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Medical Treatment/MTUS/ACOEM
6/16/2008 9:58:16 PM EST
MPNs Are Subject to PQME Procedure: Garrido v. San Francisco Marriott (CA WCAB panel decision)

In Garrido v. San Francisco Marriott, a California WCAB panel denied defendant's request for removal from the WCJ's Order allowing applicant with 3/16/2007 injuries to left shoulder, neck, back and left leg to undergo a panel qualified medical evaluation with a chiropractor outside of the defendant's medical provider network (MPN) after applicant objected to the findings of the treating physician within the MPN, and held that applicant was not required to exhaust all remedies se

By Robin E. Kobayashi

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Apportionment
6/16/2008 9:56:54 PM EST
No Overlap for PD Awarded for Prior Spinal Injury: Galvez v. Fontana Unified School District (CA WCAB panel decision)

In Galvez v. Fontana Unified School District, a California WCAB panel held that applicant/police officer's industrial cardiovascular injury during cumulative period 5/17/2005 through 5/17/2006 caused 63 percent permanent disability and, although apportionment is permitted for prior permanent disability awards involving different body regions pursuant to Strong v. City and County of San Francisco (2005) 70 Cal. Comp. Cases 1460 (Appeals Board en banc opinion) if it is adequately estab

By Robin E. Kobayashi

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Case Law Developments
6/16/2008 9:53:57 PM EST
No Overlap for PD Awarded for Prior Spinal Injury: Galvez v. Fontana Unified School District (CA WCAB panel decision)

In Galvez v. Fontana Unified School District, a California WCAB panel held that applicant/police officer's industrial cardiovascular injury during cumulative period 5/17/2005 through 5/17/2006 caused 63 percent permanent disability and, although apportionment is permitted for prior permanent disability awards involving different body regions pursuant to Strong v. City and County of San Francisco (2005) 70 Cal. Comp. Cases 1460 (Appeals Board en banc opinion) if it is adequately estab

By Robin E. Kobayashi

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Case Law Developments
6/16/2008 9:38:11 PM EST
MPNs Are Subject to PQME Procedure: Garrido v. San Francisco Marriott (CA WCAB panel decision)

In Garrido v. San Francisco Marriott, a California WCAB panel denied defendant's request for removal from the WCJ's Order allowing applicant with 3/16/2007 injuries to left shoulder, neck, back and left leg to undergo a panel qualified medical evaluation with a chiropractor outside of the defendant's medical provider network (MPN) after applicant objected to the findings of the treating physician within the MPN, and held that applicant was not required to exhaust all remedies se

By Robin E. Kobayashi

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Longshore Act & Defense Base Act
6/10/2008 12:50:01 AM EST
Civilian Contractors in Iraq

More than 180,000 civilian contractors work on or near the battlefields in Iraq supporting our Armed Forces. In addition to physical injuries, they may suffer combat-related mental disorders from having worked side-by-side with soldiers, thereby exposing them to the same dangers.

Sharp increase in DBA cases

According to the U.S. Department of Labor, from 2001 to March 31, 2008, nearly 1,300 deaths and over 9,600 time loss injuries from Iraq and Afghanistan ha

By Robin E. Kobayashi

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Physicians, Liens, Fees
4/22/2008 12:53:38 PM EST
Silent PPO Webinar: Recording and Materials Now Available

Available now for a limited time! The recording and power point presentation for the LexisNexis webinar The Silent PPO Dilemna: California’s Medical Providers Harmed by Stealth Contracts are now posted on this site. 

To listen to the audio recording and to access the power point presentation of the Silent PPO webinar, go to By Robin E. Kobayashi

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Larson's Legislative Developments
3/10/2008 7:06:45 PM EST
Governor Spitzer Fallout: Workers' Comp Reforms in the Balance?

Earlier today The New York Times broke the story on its webpage that Governor Eliot Spitzer has been linked with a prostitution ring. Spitzer, known as a crusader against corruption, signed into law major workers' comp reforms in 2007.

If Spitzer resigns, Lieutenant Governor David A. Paterson will become Governor. Paterson is said to be a leading contender to fill Hillary Rodham Clinton's Senate seat if she becomes President.

It remains to be seen what will happen to

By Robin E. Kobayashi

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Return to Work & Employment Issues
3/6/2008 5:39:58 PM EST
ABA Section of Labor and Employment Law; Workers' Compensation Committee, Midwinter Seminar and Conference

Lex K. Larson, the author of Larson's Workers' Compensation Law (Matthew Bender), was a member of this morning's "Joint WC/OSHA Panel: How Work Injuries and Fatalities Involving OSHA Citations Have the Potential to Turn into Civil Liability Tort Claims Against Employers Under Various State Labor Acts."

Larson noted that, traditionally, intentional acts by an employer that inflict injury on an employee are not barred by the exclusive remedy provisions of workers' com

By Robin E. Kobayashi

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AMA Guides
2/28/2008 5:25:42 PM EST
Controversial Issues Under the AMA Guides
I'm attending the California Division of Workers’ Compensation Educational Conference at the Sheraton Gateway Hotel in Los Angeles this week.
 
Robert G. Rassp, Esq. and Judge Colleen Casey are speaking here at the conference today, Feb. 28, and tomorrow, Feb. 29, about controversial issues under the AMA Guides.
 
Mr. Rassp and Judge Casey plan to address spinal injuries (DRE or ROM?), muscle strength deficits, chronic pain, f
By Robin E. Kobayashi

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Physicians, Liens, Fees
2/22/2008 5:45:00 PM EST
A Tempest Is Brewing: Silent PPOs and California Workers' Compensation

David Bryan Leonard, a workers' compensation attorney who represents medical providers, tells us a tempest is brewing in the California workers' compensation system regarding Silent PPOs. These Silent PPOs have "generated legislation, litigation, and a fair amount of resentment among medical providers, resentment that appears set to translate itself into physicians and hospitals leaving the workers' compensation system."

Mr. Leonard has written a LexisNexis expert commentar

By Robin E. Kobayashi

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Case Law Developments
1/31/2008 1:32:19 AM EST
California WCAB Panel Finds Interpreter Services Analogous to Medical Transportation Services: Gil v. Shea-Kenny Joint Venture

An Appeals Board panel held that a defendant was liable for fees in connection with interpreter services provided to the applicant during attendance at medical appointments related to the applicant's 4/27/2004 industrial right hand, right thumb and upper extremity injuries, when applicant's treating physician indicated that the applicant was Spanish speaking, the physician was not Spanish speaking and interpreting services were necessary to ensure adequate communication between the applicant

By Robin E. Kobayashi

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Case Law Developments
1/31/2008 12:33:43 AM EST
California WCAB Panel Finds Attorney Fee Based Upon SAWW Adjustments Not Speculative: Pan v. State of California

In what appears to be a case of first impression, an Appeals Board panel held that the state average weekly wage was a proper factor to be included in calculating the present value of a permanent disability award under Cal. Labor Code § 4659(c) for the purpose of commuting a 15-percent attorney fee award, and that an attorney fee based upon SAWW adjustments was not too speculative.

The case is Pan v. State of California. The applicant was awarded 100-percent permanent d

By Robin E. Kobayashi

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EAMS
1/17/2008 11:03:53 PM EST
California EAMS: External Software Developers Meeting

The California Division of Workers' Compensation has announced that a meeting will be held on March 5, 2008 for external software developers to discuss EAMS with DWC staff. Topics include what software developers can expect when EAMS goes live and how paperless practitioners can interact with the new system.

By Robin E. Kobayashi

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Terrorism Backstops (TRIREA)
12/27/2007 10:36:36 AM EST
President Signs Seven-Year TRIA Extension

President Bush signed H.R. 2761 into law yesterday, extending TRIA by seven  years. The Terrorism Risk Insurance Reauthorization and Extension Act (TRIREA) expires on December 31, 2014. The House-Senate compromise covers domestic acts of terror and provides that the government will pay $100 billion of the aggregate losses for a conventional attack once insurers have paid out a 20 percent deductible.

TRIREA also mandates a year-long study of the need to cover nuclear, biologi

By Robin E. Kobayashi

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Terrorism Backstops (TRIREA)
12/13/2007 12:07:50 PM EST
House's Second TRIA Bill: Dead on Arrival?

In a game of legislative chicken, the House passed a compromise bill yesterday to extend TRIA by seven years and to remove language  regarding coverage of nuclear, biological, chemical and radiological attacks. But the compromise bill still retains key differences from the Senate bill in terms of the amount of the trigger for the program, group life insurance coverage, and a reset provision.

The Senate has refused to negotiate with the House to change the Senate v

By Robin E. Kobayashi

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EAMS
12/7/2007 10:41:54 AM EST
California EAMS: Integration Is Key for Software Vendors, Attorneys

The CA Division of Workers' Compensation has unveiled its new EAMS website. The site contains FAQs about many aspects of the system, but no information yet on how software vendors can integrate their systems with EAMS. It is clear that attorneys and others need a case management system, for example, that can integrate with EAMS applications.

Discussions are underway at the Division of Workers' Compensation about the integration of EAMS with other software programs.

By Robin E. Kobayashi

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Physicians & Medical Treatment
12/2/2007 10:19:12 PM EST
Regulating Silent PPO's: Tennessee Physicians Fight Back

In legislation backed by the Tennessee Medical Association (TMA), the Tennessee legislature has enacted new laws to regulate silent PPO's effective January 1, 2008.  The silent PPO problem is more prevalent in workers' compensation than in any other area, thereby threatening physician participation in the workers' compensation system, according to the TMA.

A silent PPO is created when insurance companies sell or lease their physician networks, along with the network's discounted

By Robin E. Kobayashi

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Terrorism Backstops (TRIREA)
11/25/2007 7:54:43 PM EST
Terrorism and Workers' Compensation: Insights on Protecting Employees

Business Insurance recently hosted a free webinar on protecting people in the age of terrorism. The panel of experts discussed business continuity and recovery plans, communication and chain of command, disaster drills and evacuation plans, partnering with local public agencies, and assessing risks and hazards pertinent to one's business, among other things. Interestingly, approximately 75% of the attendees at the webinar indicated that their companies had business continuity pl

By Robin E. Kobayashi

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Case Law Developments
11/19/2007 10:44:10 AM EST
California WCAB Panel Rules on Apportionment to Age Related Pathology - Kos v. Kimes-Morris Construction

In what appears to be a case of first impression, an Appeals Board panel held in Kos v. Kimes-Morris Construction that Calif. Labor Code § 4663 does not discriminate against age by apportioning to age related pathology. The WCAB held that substantial evidence supported apportionment of 90-percent of the applicant's total permanent disability to non-industrial degenerative disc disease and 10-percent to her 3/18/2002 industrial injury under Calif. Labor Code § 4663, and that

By Robin E. Kobayashi

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Terrorism Backstops (TRIREA)
11/14/2007 11:57:04 PM EST
TRIA Extension Battle: Will House Seek a Do-Over?

The Congressional Quarterly Today reported this week that the Senate is nearing a resolution on "pay-as-you-go" budget issues that have hindered attempts in both chambers to extend TRIA. Essentially the Senate is proposing to accelerate the annual repayment plan whereby the insurance industry would repay the federal government for coverage, up to a certain level.

Assuming that the Senate's plan wins broad support, the Senate bill could be on the floor by

By Robin E. Kobayashi

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Case Law Developments
11/13/2007 10:41:46 PM EST
California WCAB Panel Decides Labor Code § 4664 "Straddle" Case: Brault v. State of California

In what appears to be the first Calif. Labor Code § 4664 "straddle" case, an Appeals Board panel held in Brault v. State of California that permanent disability awarded to an applicant under the 2005 Permanent Disability Rating Schedule for a 12/29/98 injury could not be apportioned based upon a prior permanent disability award made to the applicant for a 1/6/95 injury under the 1997 Schedule for Rating Permanent Disabilities because the rating methods in the two diffe

By Robin E. Kobayashi

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EAMS
11/11/2007 2:32:42 PM EST
California EAMS: Appeals Board Announces Proposed Regulations for Public Comment

Last Friday the California Workers' Compensation Appeals Board (WCAB) posted their proposed regulations regarding EAMS for public comment. EAMS is the electronic adjudication management system that will "go live" in the summer or fall of 2008 and that will revolutionize the manner in which the WCAB and Division of Workers' Compensation do business in the state.

Some initial observations are:

EAMS
11/9/2007 1:37:37 AM EST
California EAMS: Court Administrator Unveils Proposed Regulations for Public Comment

Yesterday the California Division of Workers' Compensation (DWC) announced proposed court administrator regulations for the Electronic Adjudication Management System (EAMS) to explain the new procedures for filing documents, serving documents, electronically signing documents, submitting evidence, and viewing EAMS case files. According to the DWC, "EAMS is a computer based system that will simplify and improve the DWC’s case management process to more efficiently resolve claim

By Robin E. Kobayashi

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Terrorism Backstops (TRIREA)
11/8/2007 1:06:54 AM EST
Lloyd's 360 Live Debate New York: Sharing Lessons on Terrorism

On November 2, 2007, Lloyd's 360 Live Debate in New York welcomed leaders and decision makers from the business, insurance, government and academic communities to debate the threat of terrorism and political violence to global business. Lloyd's, which insures 93% of the Dow Jones and 92% of FTSE100 companies, launched the 360 Risk Project series six months ago to better prepare businesses for changing terrorism and political violence risks, including home-grown terrorism, and to do more to ta

By Robin E. Kobayashi

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Terrorism Backstops (TRIREA)
10/31/2007 1:32:06 AM EST
Senate's TRIA Extension: Buildings First, People Second

Unlike the House, the Senate has refused to include any provision for group life insurance in its TRIA extension bill. The Senate compromise covers only property and casualty. The life insurance industry, led by the American Council of Life Insurers, has intensified its lobbying efforts to get group life added to the bill. They argue that a federal backstop program is needed because the life insurance market can't adjust to cover terrorism events.

Senator Chuck Hagel, R-Neb., was the

By Robin E. Kobayashi

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Physicians & Medical Treatment
10/25/2007 5:06:11 PM EST
The Silent PPO Problem for Workers' Compensation Medical Providers

For many years now, medical providers who enter into contracts with preferred provider organizations (PPOs) have had their bills for medical services reduced in accordance with the terms of the contract. The PPO creates a network of providers who have agreed to these discounts. A silent PPO is created when the PPO sells its reduced provider rates to insurers, third party administrators (TPAs), and employers.

In California, for example, Blue Cross has entered into contracts with hospi

By Robin E. Kobayashi

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Larson's Emerging Issues & Trends
10/24/2007 1:27:51 PM EST
Nanotechnology and Workers' Compensation

They say nanotechnology is "poised to be the globe's next big economic driver", the "industrial revolution of the 21st century", "the plastics of the 21st century". But what are the health risks (i.e., cancer) for millions of workers exposed to nanotech processes and materials? When it comes to industrial hazards in the workplace, is nanotechnology the new asbestos?

Nanotechnology, which has been in development for 20 years, has seen rapid growth in recen

By Robin E. Kobayashi

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AMA Guides & Permanent Impairment
10/22/2007 1:51:17 AM EST
UPDATE: South Carolina Workers' Compensation Reform: Governator-Style

Last year I blogged about Governor Sanford's executive orders mandating the use of the AMA Guides in the state's workers' compensation system.

On July 17, 2008, the political standoff between the Governor and the state Workers' Compensation Commission appears to have been resolved. A Joint Motion between the Governor and the Commission was filed with the South Carolina Supreme Court seeking approval of an agreement that voids the four executive orders issued by Sanford and that confir

By Robin E. Kobayashi

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Terrorism Backstops (TRIREA)
10/18/2007 3:46:54 PM EST
President and Senate Panel Compromise to Extend TRIA for Seven Years

The Bush Administration and a Senate Panel have agreed to extend TRIA for seven years. A key element of the compromise was the removal of the requirement contained in the House version for covering nuclear, biological, chemical, and radiological (NBCR) attacks.

The Senate version calls for studies on NBCR coverage and on a "reset" mechanism for deductibles in areas of "unique capacity constraints".

Both the Senate and House versions provide that the federa

By Robin E. Kobayashi

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Larson's Legislative Developments
10/15/2007 10:15:35 AM EST
California Allows Workers' Compensation Insurers to Triple Premium Rates of Uncooperative Employers

Governor Schwarzenegger has signed legislation to allow carriers to triple the premium rates of employers who don't cooperate with payroll audits. Previously, the insurance industry had to choose between cancelling the policy of an uncooperative employer or skipping the audit altogether to keep the customer. The insurance industry sought this measure to avoid such a predicament. See AB 812 at

By Robin E. Kobayashi

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Physicians & Medical Treatment
10/6/2007 1:49:06 PM EST
Workers' Compensation Crisis: The Physicians Have Left the Building

Physicians in several states are not taking any new workers' comp cases. Their complaints are many: low pay being the #1 reason, as well as high overhead and costs of treating injured workers, delays in dealing with Utilization Review companies, time and effort to fill out reports, regulatory burdens, etc.

Dr. Steven E. Levine, a Clinical Professor of Neurology at the David Geffen School of Medicine, UCLA, reports that state medical fee schedules based on a low-multiple of the Medicar

By Robin E. Kobayashi

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EAMS
10/1/2007 1:14:05 PM EST
California Division of Workers' Compensation EAMS: Talking 'Bout a Revolution

Going Paperless. The California Division of Workers' Compensation (DWC) plans to go paperless in July 2008. Various units (DEU, SIF, ADJ (where cases are litigated), VOC, RSU, UEF) within the DWC will be integrated in one system called EAMS (electronic adjudication management system). It will constitute a major change in the way the DWC does business.

A Revolutionary Change for All. It will also revolutionize the practice of workers'

By Robin E. Kobayashi

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Terrorism Backstops (TRIREA)
9/26/2007 1:24:07 AM EST
TRIA Extension Battle Heats Up

Despite the threat of a White House veto, the House last week overwhelmingly approved the Terrorism Risk Insurance Revision and Extension Act of 2007, which would extend coverage under TRIA for 15 years and expand its coverage to include domestic acts of terrorism among other things.

One of the most controversial aspects of the House bill is coverage for nuclear, biological, chemical, and radiological events (NBCR). Some insurance groups say they don't know how to insure for NBCR ris

By Robin E. Kobayashi

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Longshore Act & Defense Base Act
9/16/2007 5:42:04 PM EST
Workers' Compensation Exposures Overseas and Military Outsourcing

While the issue of reducing U.S. troop levels in Iraq has become a political football, the fact remains that we're going to see a continued U.S. presence in Iraq for several years to come. This U.S. presence includes many civilian employees who assist directly or indirectly with the war effort and the rebuilding of Iraq.

The New York Times reported back in May 2007 that approximately 126,000 individuals work for 300 private companies that supply workers to serve alongside 15

By Robin E. Kobayashi

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Larson's Emerging Issues & Trends
9/12/2007 2:18:40 AM EST
Terrorism and Workers' Compensation, Six Years Later

Yesterday memorial services were held throughout the country for the victims of 9/11. In New York City, firefighters and police officers read the names of the victims at a solemn ceremony. But many of those World Trade Center rescue workers are ill with respiratory disease and cancer, which they say is a result of breathing in toxic dust from the fallen towers.

The New York legislature and Governor Spitzer have given World Trade Center responders until August 2008 to file the paperwor

By Robin E. Kobayashi

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Larson's Emerging Issues & Trends
9/10/2007 4:29:08 PM EST
2007 Workers' Compensation State Rankings Now Available

Actuarial & Technical Solutions, Inc. has published their 2007 Workers Compensation State Rankings. The average cost of workers' compensation insurance for manufacturers countrywide has decreased slightly, approximately 2%, from 2006 to 2007. 25 states had decreases in workers' compensation costs from 2006 to 2007, and 20 states had increases. To order the report, go to http://www.actuarialsolution

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AMA Guides & Permanent Impairment
9/5/2007 9:53:45 AM EST
The New Edition of the AMA Guides: Six Times a Charm?

According to a recent poll of businesses on compliance issues, workers' compensation ranks as one of the most complicated set of laws, right up there with the tax code. In California this problem wasn't made any easier when the state legislature adopted the American Medical Association's Guides to the Evaluation of Permanent Impairment, Fifth Edition, to determine the extent to which an injured worker is permanently disabled. There's a steep learning curve for physicians, attorneys,

By Robin E. Kobayashi

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Larson's Legislative Developments
8/30/2007 11:46:22 PM EST
Subsequent Injury Funds: The Closing of the Georgia Fund . . . Not!

On July 1, 2006, the Georgia legislature closed its Subsequent Injury Trust Fund to new claims. The reality is that payments on accepted claims will continue to be paid by the Fund indefinitely. More importantly, all claims filed with the Fund since July 1, 1977 to present that have not been accepted by the Fund, must be perfected for acceptance or they'll be automatically denied by the Fund on July 1, 2009. Doug McCoy of McCoy Consulting offers some strong advice for insurance carriers and T

By Robin E. Kobayashi

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Return to Work & Employment Issues
8/30/2007 11:39:31 PM EST
Workers' Comp Reform: It's Hard Out Here for Employers

Legislative and regulatory reforms in big states like California and Florida have dramatically decreased losses for insurers and cut premiums for employers, while loss control, safety initiatives, and return to work measures have cut down the frequency of claims. But experts keep warning us about soaring medical costs and wildcards like terrorist attacks and other catastrophes that threaten the profitability of the workers' comp line.

So employers are getting serious, real s

By Robin E. Kobayashi

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Which health care reform tax proposal is least desirable?

Dems: Surtax AGI filers over ½MM single/1MM joint
Dems: Excise tax on the noncompliant uninsured
GOP: No tax incentives to buy individual coverage
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