Author: Jeff Stander

Preventing Employee Abuse of Temporary Disability Provisions

The provision of temporary disability (TD) is intended to be mutually beneficial to the employer and to the employee. The employee is entitled to funds during the period of medical rehabilitation following an industrial injury, and the employer can reasonably expect this individual — in whom a substantial amount of training and experience were invested … Continued

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Taking the 5th In Workers’ Compensation Proceedings

The recent media headlines contain a daily recitation of the politicians, or their underlings, who have faced criminal charges and subsequently threatened to “take the Fifth.” The Fifth Amendment of the United States Constitution provides that “no person shall be compelled in any criminal case to be a witness against himself.” That right is reflected … Continued

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Criminal Medical Providers and Their Liens

In 2012, the Legislature enacted SB 863 in order to thwart the longstanding lien crisis and achieve the Constitutional goals of the workers’ compensation system. Although the quest to eradicate ancient liens by establishing time limits and the requirements for payment of activation and filing fees, the beneficial results were short-lived.

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Apportionment and Genetic Factors of Disability

The Court of Appeal, Third Appellate District, in City of Jackson v. WCAB (Rice) (4/26/17), has issued a decision that will provide substantial assistance in achieving the Legislature’s directive in Labor Code Section 4663 with respect to apportionment.

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Applicant Must Prove His Case

Can an injured worker receive benefits to which he fails to prove entitlement?

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Temporary Disability When Treatment Is Not Authorized By UR

The Legislature created for industrially injured employees the right to receive Temporary Disability benefits in order to afford them with a stream of income during the recuperation period for the purpose of expediting their return to work.

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Saldana v Color Spot Nurseries

Occasionally, the Courts enable the perpetuation of gamesmanship. In Saldana v Color Spot Nurseries 2017 Cal.Wrk. Comp. P.D. 46, the employee asserted four Applications alleging injury AOE/COE to multiple body parts.

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Cortez v International Resources Group

Can a physician’s report be thrown out where one party communicates with the practitioner?

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Garcia v Yirae Fashions

In Garcia v Yirae Fashions 2017 Cal. Wrk. Comp. P.D. LEXIS 30, the Court addressed the proper procedure for challenging the specialty designated in a QME panel request.

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The Use of Surveillance Film In a Workers’ Compensation Claim

Joe Smith, a surly, disgruntled, sub-optimum, morbidly obese individual, has claimed the occurrence of an industrial injury to his back.

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Galleano Winery, Inc. v WCAB (Macias)

In Galleano Winery, Inc. v WCAB (Macias) (1997) 61 CCC 1547, the Court declared that the workers’ compensation process will be perverted where there is any “exercise in gamesmanship.”

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The Potential Ripple Effect of the Repeal of Obamacare

According to the Legislative Analyst’s Office’s February 17, 2017 report, the repeal of the 2010 Affordable Care Act could have substantial ramifications to the State of California.

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Defending a Second Panel Obtained By Filing a Cumulative Trauma Claim

The Workers’ Compensation Appeals Board recently issued its decision in Feige v State of California 2017 Cal. Wrk. Comp. P.D. LEXIS 10.

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Removing Fraudulent Providers from the System – SB 1160 and AB 1244

No two words within the Workers’ Compensation system create more of a universal repugnance than lien claimant. The stench of the fraudulent medical providers has been exacerbated by their apparent ability to impose upon the employers of this state responsibility for satisfying their liens.

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The Differing Types of Independent Medical Review – LC §4610 v. LC §4616

Independent Medical Review. Although the words appear clear, confusion exists in their application, depending upon the statute that is utilized.

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Addressing Fraud with New Legislation – SB 1160 and AB 1244

Numerous efforts were undertaken in years past to eliminate fraud from the workers’ compensation system.

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Application for Adjudication of Claim

Sally Smith filed an Application for Adjudication of Claim alleging that she sustained an industrial injury to her psyche because she heard gossip in the work place that she had been having an extra-marital affair, that she’s a home-wrecker and a husband-stealer.

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