Music. Hi, my name is Michael Burgess and I'm the managing attorney of MBNA. I'm also a certified legal specialist in California workers compensation and a trial attorney. I want to take a few minutes to talk to you about some recent case law. This case is Casado versus Kaiser. It deals with panel qualified medical examiners compliance and whether their report is admissible if it didn't comply with the law and had an improper legal theory. Before I delve into the meat of that case, let me lay down some fundamentals for the viewers here. First, remember that in a California workers compensation case, the compensation is based on a doctor's finding that determines the extent of permanent disability. In most of these cases, an injured worker is treating with a primary treating physician who will issue a comprehensive final report stating the injuries, the presence of permanent disability, if any, the percentage of disability, and the causation apportionment. Now, if the treating physician writes a favorable report for the injured worker, the insurance company or the defendant is likely to object and request a neutral state doctor to provide a different opinion and reduce their liability. Conversely, if the treating physician writes an unfavorable report for the injured worker, the injured worker should object and request a neutral doctor. If they have legal representation, the attorney should also object and request a neutral doctor. However, there is a catch. The neutral doctor, who is a state doctor, evaluates the client and writes a report. This report becomes crucial during trial litigation. It often becomes the foundation of arguments made by both sides. If the treating physician's report contradicts the neutral doctor's report, the attorney must challenge the credibility and validity of the neutral doctor's report. This case, Casado versus Kaiser, decided two...
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Substitution of attorney wcab Form: What You Should Know
Substitution of attorney & the workers comp board. The state of California Labor Code requires one substitution of attorney per case. Substitution Of Attorneys — California, CA LAV LAB 15.8.1(c), and state labor standards. See Cal Labor Code 15.8.4.(a) & Substitution of Attorney — CA Labor Code Employment of Substitute Attorney Under the California Labor Code, a Substitute Attorney can be used instead of an employee. The court has declared this an exception from the general requirement that substituted attorneys be attorneys, and that such substituted attorneys do not need to be retained by the person they are substituted for. California Labor Code Section 1.10. The substituted attorney shall be required to practice law in this state, and shall provide all required information on the substitution form to the person who has appointed the substitute attorney. Section 1.13. The substituted attorney shall receive all necessary payment from the person who has appointed substitute attorney as required in paragraph (a) of Section 1.10. The substituted attorney shall have no other duty to the employer. This is another case with an exception to the general requirement that attorneys be retained by the person they are substituted for. Dismissal of attorney in substitute. The substitution of attorney is not a dismissal, just a substitution. The only way for a dismissal to occur is if the substitution of attorney fails to meet the requirements of the attorney. Substitution of attorney and other employment. The substitution of attorney is not the same as the “Other Employment”, the legal position you can take in addition to your job duties. Instead, we call it a substitution because a substitution requires the attorney to move to another position in lieu of the attorney who is in this case: the person you are going to sue for disability, the person who is suing you, or vice versa. Dismissal of lawyer in substitution. The substitution of lawyer and other employment has to be a valid substitution in this case. If it is not, your claim is not dismissed. A successful claim for a substitution of lawyer has more to do with the work of the substitute lawyer. The substitution of a legal expert. A substituted expert usually has more experience in the area the lawyer is working in. The substitution of an attorney for another person.
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