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Author: Laughlin, Falbo, Levy & Moresi

9th Annual Oakland Mayor’s Toy Drive – Date: Thursday, December 7, 2017 – Location: The Rotunda Building, 300 Frank H. Ogawa, Oakland

The Oakland Workers’ Compensation Community Welcomes You to Our 9th Annual Oakland Mayor’s Toy Drive The Oakland Mayor’s Toy Drive is an annual event held at The Rotunda Building in downtown Oakland. This event is ponsored by the Oakland Worker’s Compensation Community to raise money and collect toys for the children of Oakland.  Come join us at the reception and bring some toys! Draymond Green’s Authentically Autographed Warriors’ Jersey to be raffled off! Music provided by: Piedmont Troubadors Pacific Boychoir […]

Kids’ Chance Awareness Week Nov. 13-17

Kids’ Chance of California is a non-profit organization dedicated to providing need-based scholarships to the children of fatally or seriously injured workers in California. Now in its fifth year since inception, KCOCA has raised more than $540,000 and provided 22 students with on-going scholarships for college and technical school. Kids’ Chance believes that we can make a significant difference in the lives of all children affected by a workplace injury by helping them pursue and achieve their educational goals. In […]

LFLM Newsletter – August 2017

Here you will find the Articles in this month’s newsletter include: APPORTIONMENT, A PRIMER: What it is, Why defendants want it, and how to keep it once they have it   Written by: Michael J. Brady, LFLM Fresno and Trevor Simonson, LFLM Fresno A Genuinely Modest Proposal for Addressing CT Claims in California   Written by: Ian Frazer, LFLM Redding Michael Laughlin and the Formation of a Legacy   Written by: Jake Falbo, LFLM San Francisco Laughlin, Falbo, Levy & […]

GENETIC DISPOSITION: Heredity and the Law of Apportionment The Case of City of Jackson v. Rice

April 27, 2017 When Senate Bill 899 (SB 899) was enacted in 2004, it sent shockwaves through the workers’ compensation system. As vocational rehabilitation went the way of the dinosaur, so too did a long-standing legal theory regarding causation and apportionment to pre­existing conditions. Prior to SB 899, apportionment could not be based on causation. However, SB 899 changed that forever, opening the door for such decisions as Escobedo, the tenets of which are an integral part of the fabric […]

CCWC Conference dates set for July 12 – 14, 2017

The CCWC’s 15th Annual Conference July 12 – 14 will have three days of idea generation, education, and great networking opportunities. It will be at the exciting Disneyland® Resort. About the CCWC- The California Coalition on Workers’ Compensation (CCWC) works alongside state lawmakers and regulators to make positive change happen. They are credited with directly influencing the passage of legislation which includes Senate Bill 899 (2004) and Senate Bill 863 (2012).

Senate Bill 1160 Updates Bargain On Utilization Review and Liens

October 13, 2016 SB 863 dramatically changed how medical treatment is provided for work related injuries. Most importantly, it implemented Utilization Review (UR) and Independent Medical Review (IMR) as the primary arbitrators for the provision of medical treatment for admitted injuries. Applicant attorneys reacted to this by challenging UR decisions at a rate completely unanticipated by SB 863, and appealing many denials through IMR. SB 1160, signed into law by Governor Brown on 9/30/16, seeks to address concerns of both […]

The Board, In Beltran, Resurrects Thomas Findings: Post 1/1/13 Injury Supplemental Job Displacement Vouchers Can Now Be Settled

August 16, 2016 For those carriers who were previously burdened by the vocational rehabilitation system in place for injured workers, the passage of Labor Code §4658.5 on 1/1/04, replacing that system with supplemental job displacement vouchers was a much heralded cost cutting event. Initially, parties were allowed to “settle out” this potential benefit owed to applicant. However, when SB 863 subsequently went into effect on 1/1/13, the Legislature denied parties the right to settle vouchers for injuries after that date. […]

Margaris Vetoes Appeals Board on IMR Timeliness: IMR 30-Day Deadline is Not Mandatory

June 23, 2016 On June 22, 2016, in the case of SCIF v. WCAB (Margaris), the Second District Court of Appeals finally resolved the ongoing dispute over the validity of IMR determinations issued beyond 30-days. The answer: the determinations are valid. The 30-day period is not a mandatory deadline. Recall that previously, the First District Court of Appeals in the Stevens case included dicta in its decision alluding to the fact that the IMR 30-day period is directory, not mandatory. […]