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      • OLD WITH THE OLD DOC, MEET THE NEW DOC!
        01/31/07
        Have an award for medical treatment in a California case? Think you can always continue treating with your current doctor? Think again.

        In Sharon Babbitt vs National Market, a January 2006 decision of the California Workers' Comp Appeals Board, the statewide WCAB ruled that workers i

      • CARRIE NEVANS AT THE CAAA CONVENTION
        01/30/07
        I attended the California Applicants' Attorneys conference in San Diego this past weekend... fun city.. interesting conference. Carrie Nevans, the acting director of the California Division of Workers' Compensation, was on a panel discussing medical treatment and utilization review. Her au

      • HEALTH CARE REFORM DEBATE GEARS UP
        01/28/07
        The current debate in the California legislature over health care access and health care reform is of great interest to California's injured workers. Many of those injured workers end up losing their group health benefits and cannot get health insurance.

        In recent posts we looked at

      • COMP 101: AUTHORIZATION OF MEDICAL TREATMENT
        01/26/07
        Medical treatment issues are a source of tremendous frustration for many California injured workers.

        On the upper right-hand links section on this blog, you can click on "articles" to find a number of detailed articles explaining medical treatment in California for work injuries

      • COMP 101: DECLARATION OF READINESS FORM
        01/25/07
        In California workers' comp law, what is a "declaration of readiness"?

        This is a state form used by the worker, employer or insurer (or their attorney) to request a court date. The party requesting the court date needs to file this form (known as a DWC 9) at the district of

      • WHAT HURRICANE KATRINA BROUGHT TO OAKLAND
        01/25/07
        Great article in this week's business section of the Contra Costa Times... it features Gary Barkley Roth, Boxer & Gerson's newest personal injury trial lawyer.

        Gary Roth was a successful trial lawyer (with a track record of several multi-million dollar trial verdicts) in New

      • WORKERS' COMP GLOSSARY
        01/24/07
        Confused by workers' comp terminology? Wish you had a California workers' comp dictionary? A glossary of California workers' comp law terms?

        The California Division of Workers' Compensation has put together a glossary of workers' comp terms. You can find it by cli

      • COMP 101: VOCATIONAL REHAB OR A VOUCHER?
        01/23/07
        In California workers' comp law, what is the difference between vocational rehab and a voc rehab voucher?

        Both of these terms refer to what an injured worker may receive in California if the worker is unable to return to work and the employer claims there is no modified or alternate

      • WORKERS' COMP 101: DOCTOR'S FIRST REPORT OF WORK INJURY
        01/23/07
        The California workers' comp system has a form for doctors to file when the doctor determines that there has been a work injury or occupational disease. The form is known as "Doctor's First Report of Occupational Injury or Illness" and can be downloaded by clicking here:

      • HEALTH CARE REFORM AND WAL-MART
        01/22/07
        This year's debate in the California legislature over health care access is important to California injured workers. Most injured workers lose their coverage if they don't return to work after an injury.

        Over the last several decades, some large employers have either reduced hea

      • GOODBYE TO THE COMMISH.....
        01/21/07
        The term of California Workers' Compensation Appeals Board commissioner Merle Rabine is ending. Earlier this week, I attended a goodbye event honoring Rabine. Held at the San Francisco building which houses the California Supreme Court, the event was pretty much a who's who of California w

      • REVIVAL OF THE COMPANY CLINIC
        01/20/07
        I noted an interesting article in the 1/14/07 Sunday edition of The New York Times. The title? "Company Clinics Cut Health Costs: More Big Companies Are Turning To An Old Idea."

        This is an interesting phenomenon, particularly in the context of California's 2004 workers'

      • MILEAGE EXPENSE FORMS
        01/19/07
        California injured workers are entitled to reimbursement for mileage incurred traveling to and from doctor's appointments. This includes trips to and from physical therapy, acupuncture and other types of treatment. It also includes trips to and from the pharmacy to pick up your medication.
      • WORKERS' COMP 101: WHAT IS AN APPLICATION?
        01/18/07
        In California workers' compensation, what does the term "application" mean? And what is an "applicant"?

        An "applicant" is the workers' comp claimant. In a civil case the claimant would be called "plaintiff," but in workers' comp they

      • WORKERS' COMP CLAIM FORMS
        01/17/07
        California has an official form (known as a DWC-1 form) that is to be used for reporting work injuries. The top half is to be filled out by the claimant and the bottom half by the employer. You can download the form by clicking the following:
        http://www.dir.ca.gov/dwc/DWCForm1.pdf
      • PREDESIGNATING A DOCTOR
        01/16/07
        If you are a California worker who does not want to be forced to treat with a company-chosen doctor in the event of a work injury, you MAY be able to predesignate a doctor
        of your choice. You do not have this right unless you are covered by group insurance sponsored by your employer or union.
      • MORE ON THE HEALTH CARE REFORM DEBATE
        01/14/07
        In my January 13 post, I summarized the key elements of Schwarzenegger's proposal to extend health coverage to all Californians. Key interest groups in California -- doctors, hospitals, large employers, counties, unions, drug companies, among others -- will be doing heavy lobbying to influ

      • SCHWARZENEGGER'S HEALTH CARE REFORM PACKAGE
        01/13/07
        Well, it's a beautiful Saturday... picking up the paper, I see that California has slipped from 6th to 8th in the world economy. .. the Siskiyou salamander won in court... and tortilla prices are up in Mexico City.... A poll just out from the well-respected San Jose State Survey shows the Gover

      • SCHWARZENEGGER STATE OF THE STATE ADDRESS
        01/09/07
        I just finished listening to Governor Schwarzenegger's 1/9/07 State of the State address.

        It was a short speech that pushed big goals but broke little new ground politically. What were the themes? Among the principal themes were the following:

        - Promoting green tec

      • SCHWARZENEGGER SWORN IN TODAY
        01/05/07
        Pull your retrospectoscope out of your closet. Scroll back to 2005. Arnold Schwarzenegger's popularity tanked. In the special election he called, The Governator was dealt a humiliating defeat by a coalition of unions. He lost all of his reform initiatives. Re-election prospects looked dim. Pol

      • 2007 INCREASES IN TEMPORARY DISABILITY RATES
        01/04/07
        As of 1/1/07, the maximum temporary disability (TD) rate for California injured workers is now $881.66. This increase is a 4.96% increase based on the automatic Labor Code cola (cost-of-living-adjustment). The cola adjustment is based on the increase in the state average weekly wage (SAWW).
      • 2007 CALIFORNIA WORKERS COMP QUIZ
        01/02/07
        Readers of the New York Times may be familiar with the year-end current events quiz done for many years by columnist William Safire. As 2006 has just turned to 2007, here is my 2007 workers' comp quiz:

        1. In 2007, the legislature will:

        (a) without the governor's supp

      • TOP 10 CALIFORNIA WORKERS COMP EVENTS IN 2006
        01/01/07
        As 2006 turns to 2007, here is my list of the top 10 California workers' comp stories in 2006:

        1. In December 2006, the Workers' Compensation Insurance Rating Bureau released startling statistics on California workers' comp. Insurers reaped record 46% profits (after payment

  • 2006