← All Blog Posts
  • Blog Icon Published July 27, 2017

    How to Choose a Workers’ Comp Defense Attorney

    There are certain things you should know when you choose your workers’ comp defense attorney and other attorneys associated therewith. The purpose of this article is to help you choose a workers’ comp defense attorney who proactively, as opposed to reactively, can help resolve your claims in a manner beneficial to the interests of the … Continued

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  • Blog Icon Published June 26, 2017

    The Cumulative Trauma Claim

    Cumulative trauma injuries are quickly becoming one of the more difficult areas of law for clients to deal with in California workers’ compensation claims.

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  • Blog Icon Published June 22, 2017

    Tim Kinsey Quoted in Work Comp Central

    SRTK’s Tim Kinsey was recently quoted in Sherri Okamoto’s Work Comp Central article “’Going and Coming’ Rule Doesn’t Apply to Worker Commuting Between Job Sites.” The article summarizes a California appellate court’s decision that denied benefits to a government-employed in-home caretaker who was injured while traveling between the homes of two clients. Although a judge … Continued

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  • Blog Icon Published May 2, 2017

    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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  • Blog Icon Published April 24, 2017

    Applicant Must Prove His Case

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

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  • Blog Icon Published April 10, 2017

    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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  • Blog Icon Published April 6, 2017

    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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  • Blog Icon Published April 4, 2017

    Cortez v International Resources Group

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

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  • Blog Icon Published April 3, 2017

    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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  • Blog Icon Published March 30, 2017

    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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  • Blog Icon Published March 28, 2017

    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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  • Blog Icon Published March 17, 2017

    Tricks of the Trade When Calculating Temporary Disability Rate

    California workers’ compensation offers applicants temporary disability (TD) payment.

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  • Blog Icon Published March 9, 2017

    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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  • Blog Icon Published February 22, 2017

    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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  • Blog Icon Published February 21, 2017

    Recent Noteworthy Panel Decisions

    Recent Noteworthy Panel Decisions (NPDs) involving the determination of an applicant’s official date of injury and the statute of limitations as well as who is liable for the applicant’s injury.

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  • Blog Icon Published February 6, 2017

    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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  • Blog Icon Published January 23, 2017

    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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  • Blog Icon Published December 22, 2016

    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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  • Blog Icon Published December 14, 2016

    Telemedicine, can it work in California’s Workers’ Compensation System?

    Many times, it’s difficult to tell the future when it comes to predicting the evolution of our ever evolving workers’ compensation system.

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  • Blog Icon Published December 6, 2016

    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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  • Blog Icon Published November 30, 2016

    Liars In Workers’ Compensation

    For the past 18 months, Dalene Bartholomew of Probe Investigations and I have been presenting at conferences regarding deceit and fraud detection strategies. This article distills much of that presentation.

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  • Blog Icon Published November 4, 2016

    Disputes Regarding Compensability Of Injury – Labor Code §4060

    Okay. Let’s get one thing straight applicant attorneys. Labor Code §4060 governs the dispute over compensability of an injury, which is something we all know.

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  • Blog Icon Published October 31, 2016

    Contribution vs. Reimbursement

    There is a lot of confusion as to what is Contribution and what is Reimbursement, and of course what is the appropriate method of dispute resolution for each. By knowing what type of supplementary proceeding you are dealing with we can take the appropriate action to protect or even advance our client’s interests.

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  • Blog Icon Published October 23, 2016

    Claims & Lost Wages – LC §132a

    In the case of Victoria Lacheta v. Olympic Security Services (2014 Cal. Wrk. Comp. P.D. LEXIS 324), applicant prevailed in her wrongful termination claim against her employer; however, she failed to sustain her burden of entitlement to lost wages six years after the initial Findings and Award. This case poses two questions: (1) Does the … Continued

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  • Blog Icon Published October 23, 2016

    Psychiatric injuries and Mental-physical injuries – LC §3208.3:

    In Stolp v. California Department of Developmental Services 2015 Cal.Wrk.Comp. P.D. LEXIS 508, the WCAB affirmed the WCJ’s finding that the applicant peace officer’s claim for cumulative psychiatric and cardiovascular injury was barred by the lawful, good-faith, nondiscriminatory personnel action defense under LC 3208.3 and pursuant to the analysis in Rolda.

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  • Blog Icon Published March 21, 2016

    Regulations for 2016

    In 2015, the Office of Administrative Law or (“OAL”) approved the Division of Workers Compensation (“DWC”) regulations regarding benefit notices including the DWC-1 Form/NOPE and posting notices.  The amended regulations pertain to benefit notices under Title 8 of the California Code of Regulations, §§9810, 9811, 9812, 9813, 9814, 9881.1, and 10139.  These new regulations apply … Continued

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  • Blog Icon Published February 10, 2016

    The Construction of IMR

    On October 28, 2015, the California Court of Appeal, First District, ruled in Francis Stevens v. WCAB (Outspoken Enterprises), 241 Cal. App. 4th 1074 (1st Dist. 2015) that California’s Independent Medical Review (IMR) procedure is constitutional.

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  • Blog Icon Published February 10, 2016

    Dahl and Future Earning Capacity

    A challenge we have been facing since SB899 was enacted is whether the future earning capacity factor in the Permanent Disability Schedule is rebuttable.

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