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NOTEWORTHY PANEL DECISION By: Clifford J. Weinberg and Jeffrey A. Levenson We are pleased to report that the WCAB recently designated one of our cases as a “Noteworthy Panel Decision.” The case is Jesus Felix Serrano, Applicant v. Exact Staff, Tower Insurance Company, Administered by York RSG, and HR Comp, LLC through Farmington Casualty Company […]

CAAA SUMMER CONVENTION By: Clifford J. Weinberg It is always a good idea to attend the CAAA bi-annual conventions and seminars which provide an excellent review of the many pertinent legal issues in our industry. Plus, these conventions provide great insight into the strategies of the applicant’s bar. In attending the most recent convention in […]

WHEN SHOULD I USE AN AME? By: Corey A. Ingber As most of you are now aware, we generally advise and counsel against the utilization of an Agreed Medical Examiner (“AME”) in the vast majority of cases and under most common factual scenarios. For one thing, AME’s tend to reflexively find some way in which […]

GETTING A GRIP By: Corey A. Ingber UPPER EXTREMITY CLAIMS CAN BE CHALLENGING: I have always regarded upper extremity cases both with an abundance of caution and a serious ongoing concern, since they so often have a way of growing into something much more significant, beyond the basic injury. Some common examples are: Reflex Sympathetic […]

TRACKING ALL BODY PARTS FOR BEST CLAIM OUTCOMES For many applicant attorneys, and even for some treating physicians, the admittance of an injury and the provision of medical treatment are often viewed as the equivalent of a carte blanche to other body parts, some of which may not have any realistic, causative connection to the […]

NEW DEPOSITION NOTICE Under AB 1197, Section 2025.220 of the Code of Civil Procedure has been amended to require that for notices of deposition issued on or after 1/1/2016, we are required to state within the notice: (a) whether our client “the noticing party” has a contract with a deposition officer or entity furnishing the […]

EMPLOYEE RECEIVES OFFER OF MODIFIED/ALTERNATIVE WORK AND ACCEPTS; LATER SHE FILES CLAIM OF DISABILITY DISCRIMINATION UNDER FEHA A 30 year old Warehouse Stock Clerk sustains an admitted back injury and is provided workers’ compensation benefits, during which time she is receiving medical care to cure and or relieve from the effects of the industrial injury. […]

Every year, or perhaps more appropriately, every season, the defense community gets tested with new salvos coming from at least a few applicant attorneys, who are bent on trying to reshape the contours of the reforms. A few years back, the attacks were focused upon getting their clients out of or away from the MPN’s. […]

Regarding Contra Costa County vs. WCAB (Dahl). In a case which will significantly limit the scope of an Ogilvie rebuttal argument, the 1st District Court of Appeal on 9/24/15 rejected a WCAB panel decision holding that it is a rare case in which an applicant or employer can rebut a scheduled rating. Under Ogilvie vs. […]

Here are some tips for navigating through a lien negotiation. KNOW YOUR CASE FACTS Lien claimants are in the “percentage business” not the “fact business.” They generally work off a percentage recovery model, so they are not generally conversant with the facts of your case. You start with a substantial advantage if you appear knowledgeable, […]