November 2011 Issue

California

Valuable Reminder to Serve Lien Claimants in C&Rs

An article in this week's news highlights the importance of serving parties when a compromise and release is reached at a WCAB in California. WorkCompCentral Legal Editor John Kamin reported on a Workers' Compensation Appeals Board panel opinion in which a physician lien claimant argued that he was never served in the case. The physician failed to appear at the board, and his lien was dismissed.

"A panel decision issued last month suggests that the Workers' Compensation Appeals Board may be taking an aggressive new stance toward ensuring that defendants serve lien claimants with settlement notices, an attorney said.

"When Dr. Kevin Aminian filed a petition for reconsideration contending that his lien claim in Montalvo v. Adir Restaurant was unfairly disallowed for failure to appear, he contended that the defendant failed to serve him notice that the claim had been resolved. He argued that this violated Rule 10886, which requires defendants to serve lien claimants with a notice of a compromise and release of the case in chief.

"The Workers' Compensation Appeals Board apparently saw potential merit in Aminian's argument, and issued a panel decision on Oct. 17 that gave Aminian a chance to prove that he had not been properly served."

Parties in California lien disputes routinely fail to serve all of the parties, not only in C&Rs. This is a risky practice that the WCAB is aware of, thanks to the case of Dr. Aminian. Commissioner Alfonso Moresi said in the panel opinion that the defendant could be sanctioned $500 if it's true that Dr. Aminian was not served for the C&R. Likewise, Dr. Aminian could be sanctioned if it turns out he was served and didn't acknowledge it.

The article is available to WorkCompCentral subscribers or for one-time purchase. Read it.

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Free Webinar Topic for December is Mediation

The "One on One @ 1" webinar series continues in December with a topic that can help risk managers and employers with their comp costs next year. Mediation is a process that can produce faster results, gets the parties talking, and protects long-term relationships between an employer and employee or a provider/vendor and a carrier or TPA.

Mediation is more common in civil law than in workers' compensation. But, why is that? The proper use of mediation in workers' compensation law can save a lot of costs AND move matters along expeditiously with a resolution that is satisfactory to both parties.

Members of PARMA are encouraged to attend this continuing education program.

WEBINAR: "Mediating Workers' Comp Claims, Liens and Other Disputes"

WHEN: Thursday, Dec. 1 at 1 p.m. Pacific time

PRESENTERS: 

Retired WCAB Presiding Judge George Mason, now a mediator/arbitrator in the Bay area; attorney/mediator Frank Russo of Oakland.

WHO SHOULD ATTEND: 

Risk managers, applicants' and defense attorneys, lien claimants and hearing representatives, WCAB judges, employers and human resource professionals, insurance carriers, TPAs and anyone involved in claims litigation.

WHAT YOU'LL LEARN

- When to mediate a claim or lien

- What happens at a mediation

- How the process differs from a claim/lien trial

- Checklist for success with mediation

- Common misconceptions about mediation

- Creative solutions the process can uncover

- How liens can get resolved in batches

- How talking can save a claimant-employer relationship.

- Mediation's effect on return-to-work rates

One hour of CE credit is available for

- California Bar members

- Legal specialists

- Calif. Claims Professionals

To register, follow the instructions at the bottom of the course page.

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New Stuff !!!

A California medical billing web-workshop given by Catherine Montgomery and Sarah Moray is now available to take online. Catherine and Sarah are both experienced in workers' comp medical billing, and they go box-by-box through a CMS 1500 form as they demonstrate how to comply with the new billing regulations. Those took effect in mid-October.

Major Medical Billing Changes Oct. 15, Get Ready or Get Denied - 2 Hours

Cost: $41.09, 2 CE Credits Available for CA Claims, Bill Review, MCLE.

Register online

We also added a permanent disability rating and law survey for attorneys, claims managers, hearing reps ... anybody who rates PD or litigates a claim. Judge Colleen Casey and Lexis-Nexis work comp legal contributor Robert Rassp presented this MCLE program recently in Camarillo and Oakland.

Top Secrets for Rating Permanent Disability & Ogilvie Update

Cost: $115.60, 6 CE Credits for Calif. Bar MCLE, Legal Specialization, Claims, Rating.

Register online.

Coming this month: "Road Map for the California QME/AME" (Judge Myrle Petty and attorney Jon Brissman) and "Gaining Cooperation from the Injured Worker" (Carl Van and Debra Hintz).

You can always find our new content at www.workcompschool.com under "What's New."

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They Like Us!

Who can forget Sally Fields at the Oscars when she uttered one of the most memorable acceptance speeches ever. "I can't deny the fact that you like me, right now, you like me!

In the spirit of liking (you Facebook users know what I mean), we are proud to share comments sent in by seminar attendees who "like us ... you like us!"

"Sam: Thank you for inviting us to the seminar, it was informative and gave me insight on items I need to present my case. I am sure that you are aware, that Pro-Per's, do not have the same resources, as what is available to the professionals." - T.B., an injured worker.

"This is just a short letter to say that I attended the one day seminar at Mills College, Oakland. The speakers were Judge Colleen Casey and Attorney Robert Raasp. In short, the above seminar was excellent as usual and contained up to date, cutting edge information that will be very helpful to me as a physician who performs work comp medical-legal reports full time in California. I always make an extra effort to attend any seminars run by these two individuals, for the very reason they present the "latest scoop." I think the above program should be repeated and if so, be sure to invite California work comp physicans, QMEs, AMEs, etc." - Brian Barber, M.D



Calif. Defense Attorneys Meeting Dec. 1-3

The California Workers' Comp Defense Attorneys Association meets Dec. 1-3 in Half Moon Bay. A program agenda is available for viewing online at the CWCDAA web site.
If you attend, please stop by and visit the "Sullivan on Comp" booth in the exhibit area. Register to win a free book set and yearlong subscription to the content on WorkCompCentral.com. Author Michael Sullivan will be available to talk about the 16-chapter treatise about California workers' compensation law and practice. This new resource is updated monthly with new case, and a summary is emailed to subscribers every month.

Jake Jacobsmeyer, one of the presenters at the upcoming CWCDAA conference, had this to say:

"I cannot say enough about how much people in our firm love the books and how often they consult them. "Sullivan on Comp" is the first place I turn to research a case. Congratulations, Mike, you've really nailed it — an impressive work and required reading in anyone's WC library. "

"Sullivan on Comp" is available on a no-obligation trial basis. We'll ship you a set of books and issue an online security code. Try the books for 30 days, and decide whether they belong in your law library.

Call Laura Maher, WorkCompCentral account representative, at 805-484-0333, ext. 123, to get started.

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Upcoming Events

Nov. 24 - Thanksgiving Day. Our offices will be closed Thursday and Friday for the holiday.

Dec. 1 - Webinar, "Mediating Workers' Comp Claims, Liens and Other Disputes."

Dec. 1 - CWCDAA conference, Half Moon Bay, Calif.

Dec. 1 - EAMS and E-Filing Expo, Oakland WCAB. 10 a.m. to 3 p.m.

Dec. 2 - 2011 Worker's Compensation Holiday Conference, Tampa, Fla.

Dec. 7 - Los Angeles Chapter of Calif. Association of Licensed Investigators, Dinner Program About Work Injuries. Long Beach.

Dec. 8 - Claims & Litigation Management Alliance, Diversity Forum, New York City.

Jan. 26 - Calif. Applicants' Attorneys Winter Convention, Rancho Mirage, Calif.

(Holiday events are listed on the Upcoming Events calendar at ww3.workcompcentral.com/.)