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The Workers’ Compensation Appeals Board clarified that parties in a represented case cannot automatically replace a QME who is not scheduling re-evaluations in a timely manner, according to an en banc decision released on Monday…
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A recent Court of Appeal decision involving the going and coming rule offers an opportunity to explore the often-misunderstood area involving injuries sustained during commutes to remote workplaces. In the published decision of Zenith Insurance…
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A bill that would prevent employers of first responders from subrogating their full workers’ compensation costs from third-party lawsuits is making its way through the California state Senate. During the last month, lawmakers have been…
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A new legislative proposal would have the Division of Workers’ Compensation standardize QME reporting with joint evaluation request forms and QME report templates. Rep. Greg Wallis (R-San Jose) introduced Assembly Bill 1293, which proposes creating…
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“Like it or not, you are a negotiator.” Getting to Yes, by Roger Fisher, William Ury, and Bruce Patton. No matter who you are, we all negotiate on a daily basis, whether that is to…
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Venue is usually one of the earliest issues that needs to be assessed and addressed at the outset of workers’ compensation claims. In most instances, an applicant’s attorney files a claim in a county where…
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The AMA Guides and California Permanent Disability Rating Schedule feature subtle differences in rating instructions that can cause confusion about how to rate permanent disability, according to the Law Offices of Bradford and Barthel Expert…
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The presence of a new district attorney has given hope to anti-fraud investigators, who are waiting to see if a changing of the guard will mean more fraud prosecutions in Los Angeles County. Investigators, adjusters,…
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Auto accidents are one of the leading sources of nonindustrial apportionment in California workers’ compensation claims, and a small subset of those result from driving under the influence. As a result, knowing how to get…
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Understanding the importance of subrogation strategies on third-party claims can save defendants in the workers’ compensation system large sums of money. When an applicant is injured in a work-related auto accident, that often gives rise…
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