Author: SRTK Shareholders

SB-335 Will Be Heard By CA State Senate Appropriations Committee on May 10th

The Califonia State Senate’s Labor, Public Employment and Retirement Committee passed SB-335 by a vote of 4-1, moving it on to a hearing by the Appropriations Committee on May 10th at 9am. The bill, proposed by Senator Dan Cortese (D-San Jose), would shorten the window for employers to reject workers’ compensation claims from 90 days to 45 days.

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Hearing Scheduled On Multiple Workers’ Compensation Bills, Including Medical Provider Network Creation

The California legislature’s Assembly Insurance Committee will hear testimony on Thursday regarding several pieces of workers’ compensation legislation, including a proposal for the creation of a state-wide network of medical providers for the treatment of injured workers. The deadline for DWC to establish the network could be June 30, 2022.

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Tim Kinsey Welcomes Rescue Dogs At LAX with Southern California Golden Retriever Rescue

SRTK’s Tim Kinsey is a long-time supporter of Southern California Golden Retriever Rescue (SCGRR), and has had the honor of assisting SCGRR in finding forever homes for a great many domestic and international rescue dogs. The latest Korea arrivals to SCGRR include Pobi, Hank.. and a very special four-year-old Golden… Kinsey!

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2021 First Quarter Newsletter

Read our 2021 First Quarter Newsletter!

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New Medical-Legal Fee Schedule & Regulations Effective April 1, 2021, Including Fee Multipliers

The California Department of Industrial Relations, Division of Workers’ Compensation’s new Medical-Legal Fee Schedule (MLFS), which took effect on April 1st, 2021, will significantly increase the cost of medical-legal evaluations, and may have a wider impact on contested claims than initially indicated. The regulations apply to all evaluations taking place on or after April 1st, 2021, and include new multipliers that can further increase the cost of exams and evaluations.

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Joanne Thomas Speaks On Mentorship As Part Of The Transitions’ Webinar Series

Joanne Thomas recently participated in a new webinar series by The Transitions, offering her thoughts on mentorship in the workers’ compensation industry, and how leaders can develop and nurture talent within their organizations.

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SRTK Proudly Sponsors AWCP’s April Virtual Conference & Networking Event, Featuring Joanne Thomas and Tim Kinsey

Joanne Thomas and Tim Kinsey will be joined by Dr. Raj Das for a special presentation of the highly successful educational program “COVID-19 Claims: How Do You Respond?” Don’t miss out on this fantastic opportunity to earn up to two hours of CE credits – register now!

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Chris Lee Earns Take Nothing In Case For Children’s Hospital

Chris Lee, of SRTK’s Novato office, recently obtained a huge take nothing decision on all issues in a case for SRTK client Children’s Hospital.

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Summary of California’s Division of Workers’ Compensation Emergency Regulations for Medical-Legal Evaluations and Reporting

As announced yesterday, California’s Division of Workers’ Compensation (DWC) emergency regulations §§ 36.7 and 46.2 have been extended through October 12, 2021.  Below is a summary of what the emergency regulations provide. This extension is in accordance with California Governor Gavin Newsom’s Executive Orders N-40-20 and N-71-20, and is the first 210-day extension of these regulations.

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Jesse Peck Wins At Trial With Findings & Award Under Life Pension Threshold

Jesse Peck, Senior Managing Attorney of SRTK’s Orange office recently won at trial, securing a very positive outcome for our client in a case involving multiple claims that could have resulted in a combined rating and Life Pension benefits.

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SRTK, MedRisk, DentalWorks USA and MKCM Present Wine Wednesday, 3/10

Don’t miss an opportunity to taste amazing wines from San Clemente WIne Company, with owner Jerome Bowman discussing the finer points of four varietals!

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Back By Popular Demand! Join Joanne Thomas, Tim Kinsey, and Dr. Raj Das for “COVID-19 Claims… How do you respond?”

SRTK Shareholders Joanne Thomas and Tim Kinsey will be joined by Dr. Raj Das to present “COVID-19 Claims… How do you respond?” This special program will explore the complexities of coronavirus-related workers’ compensation claims, and offer unique perspectives including medical guidance and best practices in defending such claims.

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Kathleen Roberts Earns Take Nothing In Elevator Scuffle Workers’ Comp Claim Case

Kathleen Roberts, Managing Shareholder of SRTK’s San Jose office, recently won big for a client, earning a Take Nothing in a case where an employee got into an altercation with a supervisor, and claimed an injury when the scuffle moved to the elevator. The claim was denied based upon the initial aggressor affirmative defense under LC3600(a)(7).

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Employers: Stay Ahead of Additional Reporting and Posting Requirements for COVID-19

The global health crisis has spurred numerous pieces of legislation related to workers’ compensation, with a maze of requirements to navigate. Now, more than ever, it is important for employers to carefully take into consideration all applicable rules and regulations to ensure compliance and minimize risk.

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Shareholder Joanne Thomas to Present “Obtained Legally, Leveraged Wisely” from the California Self-Insurers Association

SRTK Shareholder Joanne Thomas will speak as part of the virtual event “Obtained Legally, Leveraged Wisely,” a virtual event on Tuesday, February 23rd, 10:00AM PST, presented by the California Self-Insurers Association (CSIA).

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Paul Wolfe of SRTK’s Novato Office Becomes the Firm’s Newest Shareholder

SRTK is pleased to announce that Paul G. Wolfe has become a Shareholder of the firm, effective immediately. As SRTK’s newest Shareholder, Paul will remain in the firm’s Greater San Francisco (Novato) office, where he has been the Senior Managing Attorney alongside the office’s Managing Shareholder, Stewart Reubens.

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Encore presentation: Joanne Thomas, Tim Kinsey and Dr. Raj Das Present Best Practices for COVID-19 Workers’ Compensation Claims

SRTK Shareholders Joanne Thomas and Tim Kinsey will be joined by Dr. Raj Das for an encore presentation of “COVID-19 Claims… How do you respond?” This special program presented by MacroPro & Friends explores the complexities of coronavirus-related workers’ compensation claims, and offers unique perspectives including medical guidance and best practices in defending such claims. 

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Joanne Thomas, Tim Kinsey and Dr. Raj Das Present Best Practices for COVID-19 Workers’ Compensation Claims

SRTK Shareholders Joanne Thomas and Tim Kinsey were joined by Dr. Raj Das to present “COVID-19 Claims… How do you respond?” This special program presented by MacroPro & Friends explored the complexities of coronavirus-related workers’ compensation claims, and offered unique perspectives including medical guidance and best practices in defending such claims. 

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California WCAB Suspends Rule on Assignment of Walk-Through Cases

In an en banc decision Tuesday morning, California’s Workers’ Compensation Appeals Board (WCAB) suspended WCAB Rule 10789(c), which requires that each district office have a designee of the presiding judge available on court days to assign walk-through cases, citing the ongoing state of emergency and marking a shift from the current “e-file only” approach. This allows district offices to schedule their own timeframes based on staffing and safety.

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SRTK Sponsored Event: RIMS San Diego Holiday Team Trivia

SRTK is proud to be a sponsor of the San Diego RIMS chapter’s special holiday virtual event, Team Trivia, on Thursday, December 10. Our own Mya Gibson and Melissa Downing will be representing SRTK, and we will be rooting on their teams! 

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Shareholder Joanne Thomas to Present “Obtain Legally, Leverage Wisely” from the National Council of Self-Insurers

SRTK Shareholder Joanne Thomas will speak as part of the National Council of Self-Insurers’ virtual event “Obtain Legally, Leverage Wisely,” a virtual event on Tuesday, December 1st, 9:30-11:30AM PST, presented by the National Council of Self-Insurers (NCSI).

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Paul Zayat Secures Order Dismissing Claim in Ankle Injury Case

Paul was referred the file and immediately began aggressive discovery tactics including subpoenaing all relevant medical, scheduling the applicant’s deposition and quick and aggressive contact with applicant’s counsel questioning the validity of the claim in light of the medical records received thus far.

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SRTK, MedRisk, DentalWorks USA and MKCM Present Wine Wednesday, 11/18

Don’t miss an opportunity to taste amazing wines from San Clemente WIne Company, with owner Jerome Bowman discussing the finer points of five varietals, two red, two white, and a bubbly!

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Joanne Thomas, Tim Kinsey and Dr. Raj Das Present Best Practices for COVID-19 Workers’ Compensation Claims

SRTK Shareholders Joanne Thomas and Tim Kinsey will be joined by Dr. Raj Das to present “COVID-19 Claims… How do you respond?” This special program will explore the complexities of coronavirus-related workers’ compensation claims, and offer unique perspectives including medical guidance and best practices in defending such claims. 

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Deadline for Reporting COVID-19 Cases is October 29th – Don’t put yourself at risk!

The updated Labor Code section 3212.88 requires employers to report to their claims administrator ALL positive test results for COVID-19 by their employees (whether a claim has been filed or not).

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SRTK Sponsored Event: 2020 Comp Laude

SRTK is proud to sponsor the 2020 WorkCompCentral Comp Laude virtual event, featuring four days of networking, education sessions, awards, and more! 

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SRTK Sponsored Webinar: “Fentanyl: Evolving Role in Drug Overdose”

SRTK is proud to sponsor the upcoming webinar “Fentanyl: Evolving Role in Drug Overdose,” hosted by myMatrixx and MKCM National Case Management. Join us on December 2nd, 2020 at 11:30am Eastern (8:30am Pacific) for a webinar that offers 1 Pharmacy CEU credit in addition to in-depth analysis of fentanyl’s role in the opioid epidemic.

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Paul Wolfe of Novato Earns a Take Nothing

Paul Wolfe of SRTK’s Novato office recently earned a Take Nothing in a case involving an applicant who revived her case through a petition for reconsideration. Based upon this successful defense, the client will avoid the statutory 50% increase in compensation as well as further costs of litigation and defense estimated at over $40,000.

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2020 Third Quarter Newsletter

Read our 2020 Third Quarter Newsletter!

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Worker Charged with 11 Felony Counts After Video Evidence Emerges in Workers Compensation Insurance Fraud Case

A worker who sustained injuries repairing a water line subsequently claimed additional injuries and a lack of improvement, and has been charged with multiple felony counts, including workers’ compensation fraud and presenting false documentation in order to receive compensation.

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Key Highlights of the COVID Presumption Law

Senate Bill 1159 and AB 685 stand to be a huge consideration in workers’ compensation cases due to COVID-19. Please review our “Key Highlights of the COVID Presumption Law,” and contact us if you have questions about what the law means for you.

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Aaron Hemmings and Jerry Rempel Present “Good Faith Personnel Action Defense”

SRTK Shareholders Aaron Hemmings and Jerry Rempel presented “Good Faith Personnel Action Defense” on September 9th, 2020 as part of the Valley Industrial Claims Association (VICA) three-day virtual “Summer Circus” webinar event. The event provided participants with the opportunity to earn up to 6 hours of MCLE and CEU across the six individual programs.

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Legislative Update: Amended COVID-19 Presumption Bills Remain Under Review as California Senate Closes Due to Coronavirus

The three bills under review to establish workers’ compensation presumptions for COVID-19 cases are still pending discussion, with more proposed amendments expected and negotiations anticipated to continue leading up to closure of the legislature’s 2020 session on Monday, August 30th. Discussion of the bills stalled when Wednesday’s floor session was canceled and the Senate closed temporarily due to a member testing positive for COVID-19.

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Register Now: Aaron Hemmings and Jerry Rempel to present at VICA’s “Summer Circus Series”

On Wednesday, September 9th, SRTK Shareholders Aaron Hemmings and Jerry Rempel will present a session on Good Faith personnel Defense as part of the Valley Industrial Claims Association (VICA) virtual “Summer Circus Series” event.

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California Legislature Votes, Will Hold Appropriations Committee Hearing on Multiple Bills to Create COVID-19 Presumptions for “Essential” and Other Workers

As we have written previously, the California state legislature will begin to hear testimony on Senate Bill 1159, in a session beginning August 11th at 10am. In addition, testimony will be heard on two other bills, Assembly Bill 196 (AB 196) and Assembly Bill 664 (AB 664). These two bills create separate presumptions, one conclusive and one rebuttable, that cover essential employees. 

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California Legislature to Hear Testimony on Multiple Bills to Create COVID-19 Presumptions for “Essential” and Other Workers

As we have written previously, the California state legislature will begin to hear testimony on Senate Bill 1159, in a session beginning August 11th at 10am. In addition, testimony will be heard on two other bills, Assembly Bill 196 (AB 196) and Assembly Bill 664 (AB 664). These two bills create separate presumptions, one conclusive and one rebuttable, that cover essential employees. 

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California Workers’ Compensation Anesthesiologist Charged With 88 Felony Counts in Insurance Fraud Scheme

A California workers’ compensation anesthesiologist has been charged with 88 felony counts in a healthcare insurance fraud scheme that prosecutors say cost insurance companies over $650 million in fraudulent billings.

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SRTK Statement on Recent Events

As a firm that both celebrates and finds strength in our diversity, SRTK is deeply saddened by the recent events in our communities across the US. We stand by those who are passionately yet peacefully opposing oppression of any form and we will continue to support our clients, team members, colleagues, and communities through a commitment to diversity and inclusion in both the workplace and the world.

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Executive Order N-62-20 Best Practices

Read our summary of Gavin Newsom’s Executive order N-62-20 on coronavirus (COVID-19), and our suggestions for best practices in addressing such claims.

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Tim Kinsey Defeats Industrial Disability Retirement Claim

Tim Kinsey successfully defeated Applicant’s claim for a CalPERS Industrial Disability Retirement, saving the City of Anaheim over $1,000,000. The JAMS Judge concluded that because Applicant resigned before participating in Anaheim’s Mandatory Permanent Modified Duty program, he precluded the City’s ability to explore modified positions and therefore denied Applicant’s request for an Industrial Disability Retirement.

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Workers’ Compensation Claims and Coronavirus Layoffs: Disability Liability For Workers on Modified Duty

If an employee was working modified duty under a workers’ compensation claim, and they are laid off, there is a substantial question of whether they are entitled to TTD under the workers’ compensation claim. 

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A Message From SRTK’s Shareholders to Our Friends, Families and Valued Clients Regarding Coronavirus COVID-19

In this unsettled time, we want to reach out to you personally. Our thoughts and prayers are with you and your families during this time and always. At SRTK our priority is our workers’ compensation community throughout the nation, including all of our employees and those of our clients.

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California Supreme Court Declines to Review or Depublish Ruling in Meadowbrook Insurance Co. v. WCAB (DFS Interpreting)

On Wednesday, the Supreme Court denied the petition for review and multiple depublication requests in the the case of Meadowbrook Insurance Co. v. WCAB (DFS Interpreting). The Court of Appeals’ November 2019 ruling will stand and be published and citable as a rule of law. 

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New and Amended Workers’ Compensation Rules of Practice and Procedure Effective January 1, 2020

New and amended Workers’ Compensation Rules of Practice and Procedure took effect on January 1, 2020. The updated Rules include renumbering and reorganization, as well as repeals and new regulations. Click here to read our Summary for a highlight of some of the relevant changes.

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2019 Fourth Quarter Newsletter

Read our 2019 Fourth Quarter Newsletter!

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SRTK Promotes Jerry Rempel to Shareholder, Longtime Shareholder Ted Richards to Transition to Of Counsel

SRTK is pleased to announce that Jerry Rempel has become a Shareholder of the firm. Jerry will be the Managing Shareholder of SRTK’s Sacramento and Chico offices. Jerry joined the firm in 2003 and opened the Chico office in 2004. His past 17 years of dedication and hard work are great examples of #srtkstrong.

Ted Richards is transitioning to an Of Counsel role after two decades plus with SRTK. Ted has been a workers’ comp lawyer for over 30 years, and we look forward to continuing to draw on his 30 years of workers’ comp experience and knowledge.

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3rd District Court of Appeal ruling in Meadowbrook Ins. Co. v. WCAB addresses timeliness of EOR and subsequent jurisdiction.

The 3rd District Court of Appeal issued a ruling in Meadowbrook Ins. Co. v. WCAB [link below] that an interpreter bill for med-legal services will be barred if the provider does not seek a second review following denial by the defendant’s EOR under the IBR/non-IBR process located in LC4603.2(e).

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Paul Zayat Obtains Order of Dismissal in Disputed Lung Cancer Case

Congratulations to Paul Zayat of the El Segundo office on obtaining an order of dismissal on a disputed lung cancer case! Ultimately the applicant relented and dismissed her case. At issue, should the PTP report have prevailed at trial, was 2 years of TTD, medical care, permanent disability and future medical care related to lung cancer.

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Yan Falkinstein Earns a Take Nothing After Vigorous Cross-Examination

Congratulations to Yan Falkinstein of our San Fernando Valley office on a hard-earned Take Nothing! Ultimately Yan was able to prove to the satisfaction of the court that the filing was based upon clerical error of the PTP’s office and there was no factual or medical evidence to support the allegation, but in the alternative the Statute of Limitations would apply.

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Southern California Doctor Sentenced to Two Years Over Kickbacks

Dr. Timothy J. Hunt has been ordered to serve two years in federal prison and will forfeit $3 million after admitting to taking over $1.5 million in illegal kickbacks from Pacific Hospital of Long Beach over a five year period.

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