His experience as both a lawyer and a Third Party Claims Administrator has helped him in the development of a multi-faceted program designed to bring cost containment to the workers’ compensation arena. He and his staff have over 18 years of direct experience in all aspects of workers compensation. These include underwriting, class code determination, ex-mod calculation, related risk management, safety issues and micro-managing claims.
Stu has been heavily involved in advocacy in Sacramento. He is quoted frequently by major workers’ compensation and trade journals.
It is time to revisit and re-evaluate the value of this statutory condition (L/C 3208.1), which is rapidly becoming yet another undue burden on both employers as well as the workers' compensation system. Cumulative Trauma claims are currently being used, and in many instances abused, by disgruntled employees who are no longer on the payroll. […]
In the past, I have discussed the need to make employees who are injured on the job aware that they can retain their own doctors at their own expense. We are now seeing the injured employee's attorney trying to gain medical control by claiming that pursuant to the Labor Code, you did not offer immediate […]
SB 863 was signed by California’s Governor back in October but with an official start date of January 1, 2013. For that reason and just because I don’t trust either the legislature or the courts to change their minds, I thought I would wait until now to start talking about what is good, what is […]
Are you aware of the Independent Employee Act Defense? If you are, then you do not need to read on. However, I am willing to bet that most of you are not so that is why I am offering this for your reading enjoyment. The question is “What do you do if you are fined […]
As you may already know, the Second District Court of Appeal recently issued their decision on this case which involves in part, the admissibility of non-Medical Provider Network doctor’s reports. This was initially an unpublished decision. However, plaintiff’s counsel petitioned the court which did in fact publish the opinion giving it precedential status. In other […]
Just when you thought that everything was settling down, the “Slither-Ins” from the Dark Side have once again reared their ugly heads. The latest and ongoing attempt to seize control over your claims goes like this: Employers currently have a minimum of 30 days within which to control the medical treatment of an injured employee. […]
The Second District Court of Appeal recently issued their decision on this case which involves in part, the admissibility of non-Medical Provider Network doctor’s reports. This is an unpublished decision and therefore has no precedential value. In other words, it cannot be cited in other cases with the same or similar issues. In summary, it […]
We all know that Yogi Berra was right when he said “It ain’t over until it’s over.” That could not be truer than with workers’ compensation claims. Just when you thought the claim by your injured employee was finally over and closed with a voluntary resignation, you still might have to meet with him/her to […]
Christine Baker, the new California Director of Industrial Relations (DIR), has hit the ground running. She recently announced a series of statewide fact-finding meetings with the intent of hearing from all sides of the workers’ compensation community. I was able to attend the Los Angeles session and listened to severely injured workers relate how poorly […]
We are all familiar with the various classes of people provided for by both the Federal and State fair employment practices acts. These include the traditional race, gender, age, disability and many more too numerous to be listed here. Well, hold on to your hats as there seems to be a new one being added. […]
In a recent release, the Federal Equal Employment Opportunity Commission (EEOC) announced its new enforcement approach to get more efficient usage of its resources and to build on its present system to remedy discrimination. This is a four year plan which was approved by a 4-1 vote and begins this coming month. They are calling […]
The story goes like this … You’re sitting at your desk when you’re informed that someone from Cal/OSHA has just arrived for an “unannounced drop-in” inspection. You ask yourself, what could they possibly want? Well hang on to your hats because the inspector wants to see everything. Since we are all seeing more and more […]
Such Decisions Are Entirely Separate From Your Reasonable Accommodation Process Under Disability Discrimination Laws The evaluation employers must make regarding an employee’s potential return to work under the workers’ compensation system is fundamentally different from the reasonable accommodation analysis mandated by the Fair Employment and Housing Act (FEHA). A precedent-setting decision in Cuiellette v. City […]