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Monthly Archives: June 2024

WCAB Issues En Banc Decision Providing New Guidelines on Combination of Impairments Via Kite

June 25, 2024 The WCAB has issued a rare en banc decision providing guidance on the applicant’s burden of proof in rebutting the use of the “Combined Values Chart” (CVC) when combining impairments pursuant to the Kite decision. The WCAB found that the use of the phrase “synergistic effect” frequently used by QMEs when invoking the Kite decisions to justify addition of the impairments was insufficient to justify rebutting the use of the CVC without further analysis of whether the applicant’s impairments had overlapping […]

CCWC Conference – June 12-14, 2024 – Anaheim, CA

    LFLM is a proud Platinum Sponsor. Sessions: “The 21st Century Claims Review” Demetra Johal, Partner, LFLM Los Angeles Dawn Watkins, Chief Risk Officer, LAUSD Diana Toste, AVP, Sedgwick Dani Reynolds, Sr. Technical Standards & Compliance Manager, Sedgwick   “CAAA – What Are They Up to Now”   Jonathan Liff, Partner, LFLM Sacramento Saul Allweiss, Attorney, Law Offices of Allweiss, McMurty & Mitchell   “Show Me the Money: Subrogation in Workers’ Compensation” Stanley R. Escalante, Esq., LFLM-Orange County Nick […]

Board Panel Makes it Clear that the 60 Day Time Limit to Act on a Petition for Reconsideration is Tolled when an Error Occurs at the Board Level

June 13, 2024 The Workers’ Compensation Appeals Board has designated its March 27, 2024, opinion in Sandra Ja’Chim Scheuing v. Livermore National Laboratory, permissibly self-insured, administered by Gallagher Bassett, as a significant panel decision. The decision tackles the issue of when a petition for reconsideration is timely filed, but is not received by the Appeals Board within the statutory time limit to act upon the petition by no fault of the parties. In Ja’Chim, Applicant sought a finding of permanent and total […]

The Duty to Investigate: Applicant’s Attorneys’ New “Gold Mine” in CCR §10109(a)

June 13, 2024 It is well-established that the purpose of the workers’ compensation system is to provide benefits to employees who suffer on-the-job injuries or certain work-related illnesses. To adhere to the purpose of the workers’ compensation system, California Code of Regulations §10109(a) requires a claims administrator to “conduct a reasonable and timely investigation upon receiving notice or knowledge of an injury or claim for a workers’ compensation benefit.” This has been interpreted by courts as a “duty to investigate.” […]