Workers Compensation Quarterly
A valuable benefit of membership to the Workers' Compensation Section is your subscription to the Workers' Compensation Quarterly, designed to provide vital and current information for the workers' comp. practitioner.
The Quarterly encourages submittal of related articles from its membership. All articles will be reviewed and considered for publication. Any article should be both on paper and on disk, and can be sent to:
Workers Compensation "Quarterly" Editor
c/o Law Office of Lynn Peterson
111 N. Maryland Ave.,Ste. 200
Glendale, CA 91206-4238
Table of Contents of recent issues are below. Section members can request a copies of past articles in our Members Only Area.
Tables of Contents of Recent Issues
Volume 26, No. 1 -- 2013
FEHA Red Flags: Common Employer Violations of California’s Disability Discrimination Laws
Neil Pedersen, Esq.
Irvine, California
Medical-Legal Charges and Needless Bill Reviews
Jon C. Brissman
Colton, California
Special Recognition Awards Recipients Announced
Cumulative Index
Vol. 1, No. 1, 1988, through Vol. 26, No. 1, 2013
Volume 25, No. 4 -- 2013
Understanding Social Security Disability Offsets: Aiding Your Clients and Avoiding Malpractice
Anthony J. DeEllis, Esq.
San Diego, California
Filing/Activation Fees, and a Warning to Defendants
Jon C. Brissman, Esq.
Colton, California
Confessions of a Shopaholic: Hand Over Those Manolo Blahnik Heels and Nobody Gets Hurt -- A WCJ’s Rant on Proper Court Attire
The Hon. Allyson C. Hall
Stockton, California
Caution: Increased MCLE Audits Ahead!
The Hon. W. Kearse McGill
Stockton, California
15 Percent Adjustment of Permanent Disability R.I.P. (1/1/05–12/31/12)
Justin Sonnicksen, Esq.
Antioch, California
Volume 25, No. 3 -- 2012
Identifying Third-Party Liability Issues in a Workers’ Compensation Case
Gary Lee, Esq..
San Francisco, California
Panel QMEs: Time to Stop the Madness?
Mark Gearheart, Esq. and Johnny Shiu, Esq.
Pleasant Hill and San Jose, California
From the Lobby Bar at the Hyatt: George the Bartender and the Home Health Care Conundrum, or Is Flipping the Mattress and Fluffing the Pillow Really Considered Medical Treatment?
Joseph Truce, Esq.
Long Beach, California
Interpreters at Workers’ Compensation Appeals Board (WCAB) Appearances -- A Nuisance or a Necessity?
The Hon. Myrle R. Petty
San Bernardino, California
Volume 25, No. 2 -- 2012
Laches
Jon C. Brissman, Esq.
Colton, California
From the Lobby Bar at the Hyatt: George the Bartender and the Lien Claimant Crisis, or Lien Claimants Get Their Due -- Process, That Is
Joseph Truce, Esq.
Long Beach, California
Benson Places, Done Some Things -- A Combined Analysis of Wilkinson and Fuentes (Which Will Conclude at the Same Time)
David Kizer, Esq.
Pleasanton, California
Administration Answers Lien Questions
Volume 25, No. 1 -- 2012
The Workers’ Corner: Further Thoughts on Serious and Willful Issues
Kevin Lancaster, Esq.
San Francisco, California
An Injured Worker’s Return to Work and the ADA/FEHA
Alyce Maurer, Esq.
Walnut Creek, California
From the Lobby Bar at the Hyatt: George the Bartender Meets the GAF Boys
Joseph Truce, Esq.
Long Beach, California
Cumulative Index
Vol. 1, No. 1, 1988, through Vol. 25, No. 1, 2012
Topical Index to Workers’ Compensation Quarterly
Author Index to Workers’ Compensation Quarterly
Volume 24, No. 4 -- 2012
Why Ms. Ogilvie Had to Obtain a New Attorney: Revisited
Lynn P. Peterson, Editor
Glendale, California
What to Cite and How to Do It Correctly
The Hon. Kenneth Peterson
Portland, Oregon
Reimbursing Workers for Tools and Equipment Carries Tax Risks
Robert Wood
San Francisco, California
From the Lobby Bar at the Hyatt: George the Bartender and the Bed of Begonias, or
Is a Gardener Really a Labor Code Section 4600 Medical Expense?
Joseph Truce, Esq.
Long Beach, California
"I Was Abducted by Aliens" -- A Judge’s Top Ten Favorite Excuses for Attorneys Arriving Late to Court
The Hon. Allyson C. Hall
Stockton, California
State Bar Seeks Nominations for the 2012 Steve Jimenez Special Recognition Awards
Errata
Volume 24, No. 3 -- 2011
Why Ms. Ogilvie Had to Obtain a New Attorney: Ethical Implications in Workers’ Compensation Cases
Michelle D. Brodie
San Francisco, California
Using Independent Contractors? Ten Mistakes That Spell Trouble
Robert Wood
San Francisco, California
From the Lobby Bar at the Hyatt: George the Bartender and the “Hold Harmless”
Debacle, or Abandon Hope All Ye Who Enter into This Agreement
Joseph Truce, Esq.
Long Beach, California
Consulting Experts and the Attorney Work Product Doctrine
Lisa Ivancich
Antioch, California
Volume 23, No. 4 -- 2011
An ERISA Primer for the Workers’ Compensation Attorney, Part I
Ruth Silver Taube, Esq. and Melvin D. Silver, Esq.
MELVYN D. SILVER, ESQ.
Sunnyvale, California
From the Lobby Bar at the Hyatt: George the Bartender and the Future Earning Capacity Gambit, or Why “Experts” Always Seem to Prosper
Joseph Truce, Esq.
Long Beach, California
Required Elements to Prove a Serious and Willful Claim
The Workers’ Corner
Kevin Lancaster, Esq.
San Francisco, California
Ask the Judge
Volume 23, No. 2 -- 2010
Ignorance Is Not Bliss: A Review of Selected California Rules of Professional Conduct
The Hon. W. Kearse Mcgill
Stockton, California
Getting the Most Out of Your Vocational Expert: Almaraz/Guzman & Ogilvie
Lisa Suhonos, MS, CDMS, ABVE.
Carmichael, California
From the Lobby Bar at the Hyatt: George the Bartender and the Rapidly Closing Window for a Second Surgery Opinion, or Why are the “Missiles” Still in Their Silos?
Joseph Truce, Esq.
Long Beach, California
Volume 23, No. 1 -- 2010
Almaraz/Guzman II: Incorporating the AMA Guides’ Philosophy and Methods in Accurate Impairment Rating
Thomas Martin, Esq.
Santa Ana, California
A Defense Perspective on Almaraz/Guzman
Richard M. Jacobsmeyer
Oakland, California
Cumulative Index Vol. 1, No. 1, 1988, through Vol. 23, No. 1, 2010
Volume 22, No. 2 -- 2009
How to Succeed with Your Petition for Writ of Review
Peter Ray, Esq.
Los Angeles, California
Five Strategies for Lowering Your Law Firm’s Technology Costs
Johnny Fuery
Oakland, California
Availability of Third-Party Credit Arising from a Medical Malpractice Case in Workers’ Compensation
Michael Ingler, Esq.
Long Beach, California
Volume 22, No. 1 -- 2009
Report from the Chair
Sara Ponzio, Esq.
San Francisco, California
Point-Counterpoint: Vocational Rehab 2009
Gary Nelson, ESQ., and Richard D. Owen, ESQ.
Modesto and Glendale, California
Cumulative Index Vol. 1, No. 1, 1988, through Vol. 22, No. 1, 2009
Volume 21, No. 2 -- 2008
Recipients Selected for 2008 Steve Jimenez Memorial Special Recognition Awards
Workers’ Compensation Summer Symposium and Annual Meeting Programs
Lynn P. Peterson
Glendale, California
Senate Bill Appropriates Funds to Enforce Medicare Secondary Payer Statute
Douglas L. Shaw, C.P.A., C.M.A.
Oviedo, Florida
Top Ten Mistakes in Doctors’ Reports (and How Doctors Can Fix Them)
Hon. Colleen S. Casey
San Francisco, California
ERISA—What You Need to Know
Sara Smith Ray, ESQ.
Woodland Hills, California
Volume 21, No. 1 -- 2008
The Development of Arbitration As a Dispute Resolution Tool in California Workers’ Compensation
Richard D. Owen
Glendale, California
EAMS Events–Spring 2008
The Hon. Keven Star And the Hon. Neil Robinson
Sacramento, California
Cumulative Index: Vol. 1, No. 1, 1988, through Vol. 21, No. 1, 2008
Volume 20, No. 4 -- 2007
Workers’ Compensation Section Proposes Division of Workers’ Compensation Mediation Program
Steven Siemers and Richard D. Owen
Oakland, California, and Glendale, California
EAMS: A Change for the Better
The Hon. Keven Star and the Hon. Neil Robinson
Sacramento, California
Steven J. Jimenez
June 14, 1955–December 30, 2007
Steve Jimenez Memorial Special Recognition Awards
2008 Recognition Nomination Application
Get Involved
A Little Note from Your Editor
Volume 20, No. 3 -- 2007
The 2007 Revised WCAB Survival Guide
Edited by H. Neal Wells IV, Esq.
Woodland Hills, California
California Supreme Court Affirms Fuentes Rule for Calculation of Permanent Disability Indemnity: An Applicant’s Attorney’s Viewpoint
Robert G. Rassp, ESQ.
Sherman Oaks, California
How Can You Defend a Case When All Around You Are Settling Out? A Tale of Intrigue and Adventure with Labor Code Section 5005
Michael Ingler, ESQ.
Long Beach, California
Volume 20, No. 2 -- 2007
Third Annual State Bar Workers’ Compensation Section Special Recognition Awards to be Presented at Special Reception September 28, 2007, in Anaheim
Advocacy in Mediation: How Workers’ Compensation Attorneys Can Get the Most for Their Clients Through Mediation
Steven Siemers, Robert Heywood, And the Hon. George Mason
Oakland, California
Workers’ Compensation Section Annual Meeting Programs
Getting Help When You Need It— If a Lawyer Has Significant Personal Problems, Who Should Be Called for Professional Consultation and Help?
Richard Carlton
San Francisco, California
Volume 20, No. 1 -- 2007
Officers, Executive Committee, and Advisors 2006–2007
Cumulative Index: Vol. 1, No. 1, 1988, through Vol. 20, No. 1, 2007
National Recovery Contractor forNew Medicare Secondary Payer (MSP) Recovery Claims
Volume 19, No. 4 -- 2006
The Weekend Was Fantastic—Did You Miss It?
Lynn P. Peterson
Memorandum - Questions and Answers for Part D and Workers' Compensation Medicare Set-aside Arrangements
Summary of Recent Significant Decisions in California Workers’ Compensation Law
January–August 2006
The Hon. Pamela Foust
When Mary Poppins Files a Claim Form: Handling Residential Employee Cases
H. Neal Wells Iv, Esq.
Volume 19, No. 3 -- 2006
Second Annual State Bar Special Recognition Awards to Be Presented October 6, 2006: Lifetime Achievement, Outstanding Lawyers, Outstanding Judge, and DEU
Summary of Recent Significant Decisions in California Workers’ Compensation Law
Spring 2006
The Hon Bert Cohen, Pamela Foust and Robert Kutz
Stockton, Santa Monica, and Eureka
Workers’ Compensation Programs at the 2006 Annual Meeting
Volume 19, No. 2 -- 2006
Alternative Dispute Resolution in Workers’ Compensation: From Ombudsman to Mediator to Arbitrator
Steven Siemers, Esq.
Oakland, California
Objecting to Spine Surgery Requests: Procedural Challenges Under Labor Code Section 4062(b)
Roy Woolfstead and Pamela Owens
Redding, California
How to Depose a Psychiatrist
Irwin Savodnik, M.D.
Torrance, California
CMS Memorandom
Gerald Walters
Volume 19, No. 1 -- 2006
The WCAB Survival Guide
H. Neal Wells, IV
Woodland Hills, California
Cumulative Index
Vol. 1, No. 1, 1988, through Vol. 19, No. 1, 2006
Volume 18, No. 4 -- 2005
Substantial Evidence of Causation Apportionment
The Hon. Pamela W. Foust
Santa Monica, California
2005 Glossary of New Cases and Regulations
The Hon. Colleen S. Casey
Stockton, California
Use of the Post–899 Rating Schedule
Robert G. Rassp, Esq.
Sherman Oaks, California
Attorney of the Year, Judge of the Year, and Lifetime Achievement Awards
Volume 18, No. 3 -- 2005
Can Labor Code Section 4903.5 Be Applied Retroactively?
Jon C. Brissman, Esq.
Colton, California
Escobedo and Degenerative Changes
Robert C. Proctor, Esq.
Sierra Madre, California
Memorandum - Medicare Secondary Payer (MSP) Workers' Compensation (WC) Additional Frequently Asked Questions
Gerald Walters
The AMA Guides: A New Paradigm in Rating Disability in California
Steven D. Feinberg, M.D., and Christopher R. Brigham, M.D.
Stanford, California, and Portland, Maine
Volume 18, No. 2 -- 2005
First Annual State Bar Lifetime Achievement, Outstanding Lawyer, and Outstanding Judge Awards
Surviving Utilization Review and the ACOEM Guidelines
Steven Feinberg, M.D.
Stanford, California
A Website List for the Computerized Workers’ Compensation Practitioner
H. Neal Wells IV, Esq.
Woodland Hills, California
The Workers’ Compensation Section Of TheStateBar of California Honors Extraordinary Achievements in Workers’ Compensation Law
The State Bar of California Annual Meeting Workers’ Compensation Section Education Programs
To Cure or Relieve: The Reform Acts and the Basic Principles for the Provision of Medical Treatment
Jesse N. Rsoen, Esq.
Oxnard, California
Volume 18, No. 1 -- 2005
Liens Gone Wild—the Ever-Changing Lien Laws
H. Neal Wells IV, Esq., And Karinneh Avaness, Esq.
Woodland Hills, California
Cumulative Index
Vol. 1, No. 1, 1988, through Vol. 18, No. 1, 2005
Volume 17, No. 1 -- 2004
Overview of Changes to Workers’ Comp Law: SB 899
Colleen Casey, Esq.
San Francisco
Questions About the Effect of SB 899
Robert Rassp, Esq.
Sherman Oaks
ATTENTION! There Are Changes To Your Rights
Finding Your Way Through SB 899
Richard D. Owen, Esq.
Glendale
Volume 16, No. 4 -- 2003
From Commissioner to Practitioner
Colleen Casey, Esq.
San Francisco
2004 Spring Education Conference
Cumulative Index
Volume 16, No. 3 -- 2003
Who Should Pay? User Funding in Workers’ Compensation
The Hon. Adrienne Allen
San Bernardino
New California Reform Law Summary
Frequently Asked Questions
Legislation, Practice and Ethics Committee Reports
Steven Jimenez Esq.
Sacramento
Application for 2004–2005 Appointments
Letter from the Chair
Patti Beyer
Volume 16, No. 2 -- 2003
The Rules of the Game: Fraud and Restitution in the Workers' Compensation System (Part Two)
by David Allen Kizer, Esq.
San Francisco
The New Rules of Practice and Procedure
by Jesse N. Rosen, Esq.
Calabasas
Volume 16, No. 1 -- 2003
The Rules of the Game: Fraud and Restitution in the Workers' Compensation System
by David Allen Kizer, Esq.
San Francisco
Proper and Improper Use of Depositions
by Alfred E. Marotta, Esq.
Nowalk
Use of Rehabilitation Professionals and Other Methods of Overcoming the Anomaly of the Psychiatric Protocols
by William J. Oppenheimer, Esq.
San Jose
Volume 15 -- 2002
AB 749 Highlights: Benefit Structure and Legal Issues
by Robert G. Rassp, Esq.
Sherman Oaks
The New Bill Examined: Death Benefits Alive and Well
by H. Neal Wells, IV, Esq.
Woodland Hills
Employer Beware: Some Hiring Tips
by H. Neal Wells, IV, Esq.
Woodland Hills
Depositions Done With an Interpreter
by Rod Olguin
Fresno
Allison Wonderland
by Henry K. Gaus, Esq.
San Jose
Volume 14, No. 3 -- Fall 2001
Section Response to Preliminary RAND Report
by Robert Rassp, Esq.
Woodland Hills
Labor Code Provisions Relating to Prisoners
by Karen Jefchak, Esq.
Century City
The Section's Internet Connection
by H. Neail Wells, IV, Esq.
Woodland Hills
Volume 14, No. 2 -- Summer 2001
May I Have Your Assistants?
by David Kizer, Esq.
San Francisco
Proper and Improper Withdrawal From Legal Representation
By Alfred E. Marotta, Esq.
Norwalk
Volume 14, No. 1 -- Spring 2001
Appellate Case Review -- A Handy Summary of the Published Cases of the Supreme Court, Courts of Appeal, and En Banc Decisions of the SCAB in the Year 2000
by William Malecki, Esq.
San Francisco
Report From the Chair: The Rand Study
by Robert G. Rassp
Woodland Hills
The Nuts and Bolts of Nerve Blocks
by Steven Richeimer, M.D.
Santa Monica
California Commission on Health and Safety and Workers' Compensation
The Hon. Susan Hamilton
San Francisco
Volume 13, No. 4 -- Winter 2000
Annual Report of the Workers' Compensation Section of the State Bar of California 1999-2000
by H. Neal Wells IV, Esq.
Woodland Hills
Employer Fraud
by Patricia Beyer
Fresno
Workers' Compensation Recoveries and Medicare Planning
by William L. Winslow, Esq.
Los Angeles
Cumulative Index
Volume 13, No. 3 -- Fall 2000
Should We Treat "Temps" as Special Employees?
by Bill K. Gray, Esq.
Redding
WORKERS' COMP ATTORNEYS!!! Why Aren't You a Certified Specialist?
by Maynard "Skip" Tescher, Esq.
Redding
Examination of the Hand
by Mark A. Mandel, M.D., F.A.C.S.
Los Angeles
Volume 13, No. 2 -- Summer 2000
State Safety Officer Presumptions
by William E. Malecki, Esq.
San Francisco
Report from the Chair
by H. Neal Wells IV, Esq.
Woodland Hills
The Aftermath of Melissa Williams
by Glen Grossman, Esq.
Salinas
Confidentiality in Medical Information Act: An Initial Analysis of the Narrowed Workers' Compensation Exemption
by Leonard J. Silberman and Susan Vanost Silberman, Ph.D.
Santa Ana
Volume 13, No. 1 -- Spring 2000
Division of Workers' Compensation Promulgates New Forms
by Richard Gannon
San Francisco
New Forms
Report from the Chair
bu H. Neal Wells IV
Woodland Hills
Another View of Elections
by Deborah Lieberman, Esq.
San Francisco