Parker, Kern, Nard & Wenzel


Legal Updates
  January 2020

  • Understanding Reimbursement of Med-Legal Expenses
  • Dynamex comes to California Workers’ Compensation
  • The Labor Code Isn’t the Only Relevant Change in 2020
  • The Application of Pre-Existing Disability and Subsequent Employment
  October 2019

  • Majority Panel Decision Shows the Statute of Limitations Does Exist
  • Vocational Rehabilitation Expert Witness Expert Witness Reports and Liability for Fees
  • Labor Code Section 4610 Clarified: Saturdays Are Not Considered Working Days
  • New California Bill Amends Labor Code to Redefine “serious injury or illness” in regards to the Standard for Investigation of an Employee for Possible OSHA violation
  July 2019

  • A Cure for Comp Carrier Concerns?
  • PTP Referral and RFA are not Required for Applicant’s Initial Appointment with Secondary Treater
  • Lauher and 132a Discrimination Defense Burden of Proof Clarified
  • Labor Code §4650 and PD Advances
  April 2019

  • Failure to Set an Appointment with a Selected PTP is Not a Denial of Care
  • Long Term Antibiotic use may be Considered Insidious Disease Process Extending WCAB Jurisdiction
  • 100% Permanent Total Disability and Labor Code Section 4662(b)
  • Beyond Conditions Essential for Intoxication Defense
  January 2019

  • Ex Parte Communications with Medical Legal Examiners and LC §4062.3(b)
  • Dueling Independent Contractor Classification Approved in California
  • Lindh Adds to Clarification on Apportionment under LC §4663
  • Is Defendant Liable for Payment of TD for Attendance at Medical Treatment Appointments?
  October 2018

  • UR Physicians May be Facing New Standards
  • New Independent Contractors Classification Rules
  • 100% Permanent Total Disability and Labor Code Section 4662(b)
  • Helpful hint when attempting to replace a Chiropractic or Pain Management panel with a more appropriate specialty
  July 2018

  • Pending Interpreter Fee Schedule
  • LC 4656: 5 YEARS MEANS 5 YEARS
  • Salaries Speak Louder Than Words – The Ninth Circuit Holds Employers Liable for Wage Disparities Between Men and Women
  • Does an Applicant Have a Right to a Replacement QME After Obtaining Representation?
  April 2018

  • DCA Rules 104 Week TD Limit Applies
  • New “Hot-Button” Laws in 2018
  • UR Decisions: Don’t be Tardy
  • Labor Code 4663(d) Workers’ Compensation Written Interrogatory?
  January 2018

  • New Laws for 2018
  • Is an Applicant Entitled to a Labor Code §5814 Penalty for Late Supplemental Return to Work Payments Made by the Administrative Director Due to Delay Caused by the Defendants?
  • Priority Conferences and Expedited Hearings
  • Medical Treatment Utilization Schedule: New Regulations for Drug Formulary
  • Understanding Subrogation
  October 2017

  • A Good Faith Personnel Action Defense Can Apply to Civil Claims as Well
  • Enforcement of Arbitration Agreements in Employment Relationships
  • The Lien Cases
  • Providing Cover Letter and Documents to a QME with an Unrepresented Injured Worker ( Laws to Remember)
  July 2017

  • Subpoena Costs: Setting the Standard for What is Reasonable and Necessary
  • Q&A: Ceasing TTD or TPD During Fraud Investigations
  • First Aid Reporting Effective 1/1/2017
  • Q&A: Over-payment Credits
  • Q&A: Sub Rosa Video Footage
  • EDD: How to Estimate a Balance
  April 2017

  • PKNW Celebrates 25 Years Representing Employers and the Central Valley
  • Statute of Limitations for Lien Claims: Continuous Treatment Issues & Recent Panel Decisions
  • Applicant's Failure to Provide a SSN at Depo
  • Vocational Experts' Evidence - the Basics
  January 2017

  • Vocational Apportionment v. Medical Apportionment
  • Breaking Point
  • Beware of Sanctions
  • January 1, 2017 Changes to Employees Excluded from Workers’ Compensation Coverage: Now the Boss May Need Coverage Too
  • Telemedicine and the QME Process
  October 2016

  • New California Overtime Law for Agricultural Workers
  • Associational Disability Discrimination: To Accommodate or Not To Accommodate
  • C&R, Thomas, and SJDB
  • New Workers’ Compensation Law: A Brief Introduction
  • Psyche Injury Case Law Update - Predominant Cause (2016)
  July 2016

  • The Best Defenses
  • Mediation In Workers' Compensation
  • Utilization Review Update: Notice and Requestor
  • Triggering Timeframe For UR Review
  • Bill Seeks to Further Eliminate Gender Bias in the Workers' Compensation System
  April 2016

  • The Workers’ Comp Practitioner in a Complex World
  • Civil Remedies Against Third Parties
  • Reminder: Utilization Review Time Frames
  • TIMING IS EVERYTHING: A Delay in Intervening in a Third Party Action Can Have Unwanted Consequences
  • Expedited Hearing: Enforcing MPN during 90-Day Delay Period
  January 2016

  • The Navarro Effect
  • Coworker Theft: A New Exception to At-Will Termination A Tale of Statutory Interpretation
  • Be Specific, But Not Too Specific
  • The “F” Word is Not Just for Applicants
  • Discovery Issues Involving Multiple Defendants on CT or Occupational Disease Cases
  October 2015

  • The Vocational Rehabilitation Expert Witness Pendulum Swings Again
  • Medical Marijuana Can Be Considered Reasonable Medical Care
  • Prescription Formulary is on the Horizon for California Workers’ Compensation
  • BEWARE: Applicant Entitled to MULTIPLE Supplemental Job Displacement Vouchers Under Labor Code §4658.5 and §4658.7
  • California Fair Pay Act 
  July 2015

  • Settling SJDBs Post-2013 and Thomas v. Sports Chalet Inc.
  • IMR Delay Now Subject to WCAB Determination
  • The Claimant Died during the Pendency of a Litigated Claim. Can I Close My File Now?
  • Ninth Circuit Concludes Activation Fees are here to Stay
  April 2015

  • Requirement of Further Developing the Record For A Complete Medical History: Am Kang
  • Down But Not Out: The Potential for Tolling of a Statute of Limitatons
  • Knowledge of the Law Trumps AME Opinion
  • When in Doubt Offer Regular, Modified, or Alternative Work: Understanding Labor Code Section 4658
  • Is Labor Code § 4662(b) Subject to Apportionment?
  January 2015

  • Forcing Lien Claimants to Follow the Law
  • Analyzing Labor Code section 3208.3(d) and What Constitutes a Sudden and Extraordinary Employment Condition
  • Multiple Issues McCool Raised in Short Panel Decision
  • Defenses and Strategies to Resolve Liens
  • The Vital Importance of Timely Utilization Review
  October 2014

  • Not so fast, The Workers' Compensation Appeals Board Rescinds Dubon I and Issues New Determination
  • [Overturned] Dubon: WCAB Involvement for Procedurally Deficient Utilization Review
  • California Mandates Paid Sick Leave
  • Vocational Rehabilitation Expert Opinion and Apportionment
  • Extended Shift for Correctional Officer not Extraordinary in Denial of Death Benefits
  • Returning Employees Back to Work - Common Mistakes
  July 2014

  • Claims File Discovery: Protecting your Work
  • Update on the Panel Strike Process 
  • Utilization Review/IMR meet Dubon
  • 2015 Temporary Disability Rates Set to Increase 
  • Q&A
  April 2014

  • Challenging Market Rate for Interpreters at Medical Treatment Appointments
  • Is There Really a Statute of Limitations?
  • Investigations in the Face of Facebook
  • The Potential use of Court Call for Attorneys
  • Affordable Care Act and Workers’ Compensation Settlements
  January 2014

  • What?... No More Dismissals of Lien Claimants for Non-payment of Lien Activation Fees
  • The Complex and Extraordinary Evolution of Almarez/Guzman
  • Resolution Option: Dismissal for Lack of Prosecution
  • Q&A
  October 2013

  • Interpreter Liens for Medical Treatment: A Case Review
  • Yogurt, Yoga and the Coming and Going Rule
  • Independent Medical Review Delays
  • Apportionment Unscathed by SB863
  • Can the Statue of Limitations be Waived by Stipulation?
  • How to Challenge Compound Medical Liens
  • Hypertension, Presumptions and ‘Troubled’ Conditions
  • Subrogation Update: Nonindustrial Aggravation of Industrial Injuries
  • The Importance of Providing the Claim Form
  • Better Understanding of Compensable Consequences
  • Q&A
  July 2013

  • Case Law Guidance on Labor Code section 4658(d)
  • A Successful Petition to Change Treating Physician
  • Understanding Lien Activation Fee Timing
  • Discovery of Investigation Materials
  • Lien activation: One Provider, Several Dates of Injury
  • Independent Contractors and Subrogration Potential
  • Q&A
  April 2013

  • Enforcement of Lien Filing Fees
  • Use of an Arbitrator to Resolve Difficult Cases
  • Challenging UR Denials
  • Understanding Labor Code Section 4850
  • Limitations to Lien Discovery
  • Why Does my Attorney Always Want to Settle?
  • Medical Mileage Update
  • Q&A
  January 2013

  • Illegal Immigrant Status as a Bar to Total Temporary Disability
  • Can a Chiropractor be Predesignated as a Personal Physician?
  • Collateral Estoppel Issues in Workers’ Compensation
  • SB 893: Changes to the Supplemental Job Displacement Benefit
  • What You Should Know About SB863 Independent Medical Review
  • A Lien Claimant’s Burden
  • Is an Electronically Signed Medical Report Legally Sufficient Evidence in a Workers’ Compensation Proceeding?
  • The Essential Job Function of an Administrative Police Officer
  • Recent Happenings with Labor Code section 4850
  October 2012

  • SB 863: The Not-So Talked About Changes Which Take Quick Effect
  • Inspection Of Employee Records
  • Subpoenas for Records From a Party to the Action
  • Loss of Consortium in Workers’ Compensation
  • Fighting Cancer Under Labor Code Section 3212.1
  • Challenging Duplicate Copy Services
  • Setting Aside Settlements
  • Outside the MPN? Now Heard Sooner Than Later
  • Separating Overtime and Salary
  • Q&A
  July 2012

  • New Lien Regulations: Petition to Dismiss for Lack of Prosecution
  • Release of Employment Records Without a Subpoena
  • Recent Developments in Work Product Doctrine: Coito
  • Clarification on Breaks and Meals: Brinker
  • LeBoeuf: Resurrected and Broadened
  • Sexual Harassment and Franchise Liability
  • Take Nothing: MRSA Presumption Rebutted
  • Physical Manifestations of Stress
  • Q&A
  April 2012

  • Denying TD After a Valid Termination
  • WCAB Sanctioning Lien Claimants for Questionable Activities
  • Partial PD Credit Against Future Medical
  • Can TTD Go On Forever?
  • Proving Up Your MPN
  • C&R: Dealing with Government Entities
  • I’m Feeling Sleepy
  • Conflicts between Union Contracts and Workers’ Compensation Benefits
  • When Does the 60 Day Return to Work Period Start?
  • Q&A
  January 2012

  • New Workers' Compensation Laws for 2012
  • Can You Take a Credit For a Severance Agreement
  • Hearing Representatives and the Rules of Professional Conduct
  • Service Please. Failure to Serve Settlement Documents a Cause for Concern?
  • The 240 Week Bright Line For Death Benefit Claims
  • WCAB Panel decision: No to Expedited Hearings for UR Determinations
  • The Interview: Can I Ask That Question? Business Necessity, Age and Sex
  • When was the Last Time a Chiropractor Paid You?
  • Working or Calendar Days? Five Day Notice Requirements
  • Q&A
  October 2011

  • Legislative Updates: Employment Law and Workers’ Compensation
  • Violence in the Workplace: My Disability Made Me Do It
  • Reacquisition of MPN Control
  • 100% Disabled Doesn’t Always Mean 100% Unemployable
  • Subrogation Against the Government: Act Fast or You Could Lose Your Rights
  • Subpoena: Give Me Everything
  • Howell Decision Disallows Plaintiff’s Phantom Charges
  July 2011

  • The 104 Week-Rule: Understanding the Distinction between LC 4656(c)(1) and LC 4656(c)(2)
  • Volunteers: Employees or not?
  • Non-MPN Reports: Inadmissible Evidence
  • Concerns over DWC Medical Unit Letter on Panel QME Issues
  • Treatment Referrals: Who Can Make Them?
  • Experience Modifications by the WCIRB: Establishment, Promulgation and Assignment
  April 2011

  • Applicant’s Increased Burden in Establishing a Labor Code 132a Claim
  • Ability of the Court to Reopen the Record May be Limited
  • MPN - Notice, Notice, Notice
  • Change of Venue: Too late to File?
  • Workers’ Compensation Fraud: The Warning Signs
  • Beware of Hold Harmless Language in Settlements
  • Utilization Review: Request for Authorization
  • A Deposition Learning Lesson
  January 2011

  • Welcome to 2011
  • Layoffs and Labor Code §4658 Decreases
  • The New LeBoeuf Argument: Labor Code section 4662
  • Defining New and Further Disability in a Petition to Reopen
  • The Laches Defense
  • Vocational Rehabilitation Rears its Ugly Head Again
  • California Workers' Compensation Insurance Outlook 2011: An Attorney and Employer's Perspective
  • Temporary Partial Disability: What Happens When the Applicant Voluntarily Quits?
  • Understanding the Supplemental Job Displacement Benefit
  October 2010

  • The Importance of Employer Involvement
  • To Advance or Not to Advance: The New PD Problem
  • Bigge Crane: Defining the Players in a S&W case
  • Are You an Employer Without Even Knowing It?
  • Utilization Review: Timelines and Denial Issues
  • Timing and the Effective Use of Subrogation Credits
  • Chiropractic Treatment: Defenses and Requirements?
  • Guzman: Now What?
  July 2010

  • A Case to Die For?
  • A Permanent Disability Increase/Decrease Update
  • Communicating With Your Panel QME Can Result in a Replacement Panel
  • Defendants’ Right to LC §4060 Med-Legal Exams After a Denial
  • Increasing the Role of the WCJ in Rating Permanent Disability
  • The Increasing Role of Medicare in Claims
  • Tips on Submitting Settlement Documents in EAMS
  • Understanding Issues with Case Venue
  April 2010

  • 2010 Relevant Statutory and Regulatory Changes
  • Labor Code §4600.2: Are You Missing the Potential Savings?
  • Understanding the Cost of Living Adjustment after Duncan
  • Applicant’s Burden of Proof for Rebutting the Permanent Disability Rating Schedule
  • Understanding the Labor Code §4658 15% Increase/Decrease
  • The Current Procedure for a Request for Spinal Surgery
  • Tips on Requesting a Panel of Qualified Medical Evaluators
  • Your Failure to Dance May Cost You Money!
  • Determining Liability for Injuries Resulting from Travel to Medical Appointments
  January 2010

  • PKNW Successfully Defends Against Lien Claimant on MPN Defense
  • A Possible Stay on Ogilvie Cases?
  • Avoiding Problems with EDD
  • Defining Reasonable Medical Probability
  • Horseplay: Still a Viable Defense Work Injury
  • In Defense of Psyche Claims
  • Subrogation Concerns: 1st District increases the liability for, as well as the potential number of Defendants in, Construction Site Injury Cases
  • Walk-thrus and the In Pro Per
  October 2009

  • Changes in the PQME Process: What you need to know
  • Deconstructing Premier Medical Management
  • Medical Liens: Are you paying for unprofessional conduct?
  • Subrogation: Credit Rights and Closing Cases
  • The Sun May Not Have Set Yet on Vocational Rehabilitation
  July 2009

  • California Court of Appeals Upholds Benson
  • The End of Vocational Rehabilitation?
  • Interpreting Kunz: determining reasonableness
  • Rebutting the AMA Guidelines