Close That File: A New Fangled Thomas Finding to the Rescue

by Manuel A. Ruiz (September 28, 2017)

As time passes, we are handling less and less pre-January 1, 2013 injuries. As such, we are going to be encountering more instances where settling a voucher becomes an issue.

Per Labor Code §4658.7, for injuries that occurred on or after January 1, 2013, if an employer does not offer permanent regular, modified or alternative work to an injured worker with permanent disability, the employer is required to issue a $6,000.00 Supplemental Job Displacement Benefit (SJDB) voucher. The voucher cannot be settled for cash. Time and time again, however, cases are settled when there is a good faith dispute as to whether the applicant is entitled to a voucher.

In Beltran v. Structural Steel Fabricators, (2016) 2016 Cal. Wrk. Comp. P.D. LEXIS 366, the applicant filed a cumulative trauma claim. The defendant denied the claim as being post-termination. The parties had submitted a Compromise and Release which included Beltran’s potential entitlement to a SJDB voucher.

Anti-Fraud Legislation Updates – Liens, Attorneys, and Physicians

by Natalie W. Houng (September 7, 2017)

You may have noticed receipt of a large number of “Supplemental Lien and 4903.05(c) Declaration” forms submitted by various lien claimants over the last couple months. Many have wondered the purpose of these lien forms.

Pursuant to Labor Code section 4903.05(c) amended as part of Senate Bill 1160 on January 1, 2017, all lien claimants who filed a lien between January 1, 2013 and December 31, 2016 and paid a filing fee, were required to fill out and file these Supplemental Lien Forms by July 1, 2017.

If a lien claimant did not timely file the requisite Supplemental Lien Form, the DWC has now dismissed the lien by operation of law. To see whether a lien has been dismissed, search EAMS. Under the “DWC Proceeding” heading, the status will state “DISMISSED PURSUANT TO 4903.05(C).”