Lister, Martin & Thompson

Workers Compensation Commentary

Commencing in 1994, this firm has published a newsletter, which is furnished free of charge to all of our clients and other Workers’ Compensation professionals on request.

In each issue, we endeavor to provide information and analysis regarding Workers’ Compensation issues and other issues that impact on the Workers’ Compensation field that we believe will be of benefit to readers in dealing with the complexities of this area of law.

We are very pleased that we are able to provide access to current and past issues of our newsletter online in this website.

As you review the titles of various newsletters that have been published over the years below, you will see that some are available online in a printable format, utilizing Adobe Reader, while other, older letters, will be sent free of charge to the requesting party upon receipt of an e-mail or telephone call. Please review the information in the following Information Box in this regard.

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Commentary Topical Index
ADA Get Docs
JAN-FEB/03 "What the heck is a HIPAA?"
JAN/94 "Lets get serious about the ADA!"
DEC/94 "More Alphabet soup for employers: Fmla, Ada..."
JAN/95 "Is the ADA a dead duck?"
AUG/95 "The ADA: a "bouncing betty" in the minefield of workers compensation"
BENEFITS Get Docs
APR/94 "Wages while obtaining medical treatment"
MAR/95 "Return to work...directly to work…do not collect VRMA!"
MAY/00 "The Arcane Alchemy of Temporary Disability"
CASE DEVELOPMENTS Get Docs
JUL/94 "Post-termination disability "canned" by court of appeal"
DEC/96 "Rex Minniear and the treating doctor's presumption"
NOV/97 "Waiver of rehab rights in the wake of the Estrada decision"
APRIL/99 "Moorpark! Moorpark!
JAN/00 "Protection of Confidential Medical Information"
JUNE/00
ISSUE V

9th CIRCUIT RULING "DIRECTLY THREATENS" CALIFORNIA EMPLOYERS
MAR-APR
2003		 "PREPONDERANCE OF EVIDENCE AND SUBSTATIAL EVIDENCE:WHAT EXACTLY IS THAT COURT LOOKING FOR?"
MAY-JUNE
2003		 "COURT OF APPEAL DECISION REAFFIRMS RUSHING, AND DISAPPOINTS APPLICANT ATTORNEYS"
JUL-AUG
2003		 "ECHAZABAL REVISITED"
LAW and DEFENSES Get Docs
SEP/95 "Behind the balsa wood barricade: the independent contractor defense"
NOV/96 "Baseball and suicide"
JAN/97 "Inside the CAAA"
APR/97 "Handling exotic cases"
JUN/97 "Subrosa Surveillence"
JUL/97 "Taking credit in workers' compensation cases"
AUG/97 "IMEs are here again"
OCT/97 "Posse comitatus and other volunteers"
MAR/96 "Some thoughts on restitution"
APR/96 "Statute of limitations"
MAY/96 "Subrogation"
JUN/96 "Principles of appointment: the Franklin case revisited"
AUG/96 "Applying the Kelly/Frye doctorine in workers compensation cases"
JUNE/98 "COMMERCIAL TRAVELER"
JULY/98 "DISCRIMINATION vs HARRASMENT  A SUPERVISOR'S LIABILITY?
DEC/98 "JUST MESSIN' AROUND..."
JAN/99 "REBUTTING THE TREATING DOCTOR'S PRESUMPTION"
FEB/00 "SURVEILLANCE: It's O.K., ...if you do it right!"
JUNE/00
ISSUE IV		 SPECIAL EDITION   "Court of Appeal Requires AME/QME Proposal Instead of New P.T.P. Election"
JAN-FEB/02
"WHAT IS, AND WHAT MAY BE: WORKER'S COMP LEGISLATION" 2001-2002
MAR-APR
2002
 "WHEN A SETTLEMENT IS NO LONGER A SETTLEMENT?
RECENT COTRIBUTION DECISION MAY HAVE UNINTENDED CONSEQUENCES"
NOV-DEC
2002		 "HERE'S LOOKING AT YOU, KID"
JAN-FEB
2003		 "WHAT THE HECK IS A HIPPA?" ...AND WHY DO I NEED TO KNOW?
SEP-OCT
2003		 "SUMMARY OF RECENT LEGISLATIVE CHANGES"
NOV-DEC
2003		 "WHAT WE TOLD THE GOVERNATOR"
JAN-FEB
2004		 "POLICE AND FIRE CANCER PRESUMPTION"
LIENS Get Docs
AUG/94 "Lein claimants are people too!"
SEP/94 "Proper objections to treatment and evaluation liens."
OCT/94 "OMFS and the ML scale: on the road…"
MAY/97 "Stale lien claims that last forever"
JUL/00 The New and "Empowered" Lien Claimant
PENALTIES Get Docs
JUN/94 "Common threads in a tangled skein: labor code 132a"
APR/95 "Penalties I: what is reasonable?"
MAY/95 "Penalties II: the saga of John McGregor (chap.1)"
OCT/95 "Serious and willlful misconduct"
JUL/96 "Labor Code section 132a: recent court of appeals decisions"
SEP/97 "Adventures in penaltyland: Gallamore, Christian and beyond"
JUN/95 "Penalties III: the saga of John McGregor (chap.2)"
JUL/95 "Penalties IV: beyond section 5814"
MAR/01 §4650(d) SELF IMPOSED PENALTIES:WHAT IS AN "UNTIMELY" PAYMENT?
NOV/01 "A LITTLE LIGHT IN A DISMAL PLACE: REASONABLENESS IN PENALTIES?"
PROCEDURE Get Docs
FEB/94 "It's time to do some spring cleaning, dismissal…"
MAR/94 ""How to bump a bum doc""
NOV/94 "Privilege, product, and professional ethics"
FEB/95 "Avoiding the WCAB maze using the ADR"
DEC/95 "Promises, promises (re: trial calendars)"
JAN/96 "Global Settlements"
FEB/96 "How can using the ADR save money?"
DEC/97 "Petitions for reconsideration and judicial relief"
JAN/98 "Admissibility of Medical Reports"
OCT/98 "VOCATIONAL REHABILITATION:UNTANGLING THE NOTICE REQUIREMENTS"
SEPT-OCT
2002		 "DEALING WITH DISCOVERY DEMANDS: DEFENDANT'S RIGHTS AND OBLIGATIONS"
SEPT 2005 "Potential Issues Arising Regarding Medical Provider Networks"
RATING Get Docs
MAY/94 "Some proposed changes to the permanent disability rating manual"
SEP/96 "Peeking under the tent flap: developing a new permanent disability rating system"
OCT/96 "Politics and ratings"
FEB/97 "Getting trampled by LeBoeuf: total disability without a rating"
MAR/97 "Duplication, pyramiding and overlap, simple concepts in a simple field of law"
FEB/98 "Psychiatric Disability and ADA Compliance"
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