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Replying to Thread: New book: Work Comp Index, 7th Ed. 5/16/08
Created On Thursday 10, January, 2008 8:33 PM by stewshe@comcast.net


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stewshe@comcast.net
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Thursday January 10, 2008 8:33 PM

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My 20th Anniversary writing and publishing books on workers' comp in California will be 5/16/08. I will, hopefully, ship my newest 7th edition on that date. It replaces the red, 6th edition, published in May of 2005 and the Black, 5th edition published May, 2001.

For those not familiar with my Work Comp Index, it is an alphabetical by subject index with references to the Labor Code, Code of Regulations, Rules, other Code sections, Case Law as cited in the California Compensation Cases (CCC) and the California Workers' Compensation Reporter (CWCR).

This book references other texts by authorities such as Hampton, Hanna, Herlick and Judge St. Clair, though his book is now co-authored by David G. Marcus, Richard L. Newman, and Alexander Wong. Needless to say, my 7th edition makes extensive references to the Continuing Education of the Bar (CEB) book as well as seminars such as the Annual DWC Converence, the California Defense Attorney's Association (CDAA) and the California Applicant Attorney's Association (CAAA).

In my "spare time" I have also revised the Tables & Schedules in "The Labor Code Book," (properly the Workers' Compensation Laws of California) ever since asked to do so by Matthew Bender in 1991. These tables are also now in "Hanna" also by LexisNexis / Matthew Bender.

The price of the Work Comp Index $119.00 each. Quantity discounts begin at 12 or more books.

Send a check & shipping info to the address below. I am not set up to take credit cards.

Sales Tax and Shipping are included in ALL prices I quote.

James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

-------------------------
Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

Prices INCLUDE sales tax, and shipping.

James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

Edited: Saturday March 15, 2008 at 3:01 PM by stewshe@comcast.net

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stewshe@comcast.net
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Saturday March 15, 2008 3:09 PM

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FWIW, I just shipped my camera ready copy to my printer...912 pages.

The 2008, 7th Edition will include many references to "Noteworthy Panel Decisions" by LexisNexis. Many of these opinions represent issues which I have not seen discussed elsewhere, either in other caselaw or in the treatises which I cite.

Those people who refuse to read panel decisions and say they are worthless since they are not "citeable" are both incorrect and ill informed. Such decisions often give a WCJ a "hook" to hang an opinion upon!

The same is true of a WCAB panel on recon, a D.C.A., or even the Supreme Court of Calif.! If they can cite a panel decision, anyone can! It is just not "stare decisis."


-------------------------
Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

Prices INCLUDE sales tax, and shipping.

James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

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davidd
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Sunday March 16, 2008 7:31 AM

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<< Those people who refuse to read panel decisions and say they are worthless since they are not "citeable" are both incorrect and ill informed. Such decisions often give a WCJ a "hook" to hang an opinion upon! >>



Along those same lines, WCC offers a subscription to Appeals Board Panel Opinions - not just "noteworthy", but all that are produced every month, full text searchable, and in PDF format that you can save to your computer. 1 month ($35), 6 month($195) and 12 month ($350) subscriptions available, and it is independent of the regular WCC subscription so you do not need to have a WCC subscription first.

-------------------------
David DePaolo
President, Editor in Chief
www.workcompcentral.com

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mkomkom
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Monday March 17, 2008 9:21 AM

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I've been told by judges that citing to unpublished cases is a sanctionable offense...?


-------------------------
This is not legal advice. It is the opinion of "mkomkom", who is not even real.

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stewshe@comcast.net
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Tuesday March 18, 2008 5:21 PM

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mkomkom,

It depends on "the how and why" it is cited. If you cite a writ denied case or a panel decision as "authority," to a WCJ, i.e., you in effect tell the judge "Ya 'gotta decide this per x-y-z because that's the law," you are in deep doo-doo.

The Introduction to my Work Comp Index states:

<<
Per the Supreme Court of California: ". . . a Board panel decision reported in the
California Workers' Compensation Reporter is a properly citable authority, especially
as an indication of contemporaneous interpretation and application of workers'
compensation laws," GRIFFITH: 17 CWCR 217, 54 CCC 145, fn 2; CEB 22.48;
Herlick 19.34; O'Brien, Preface; & CWCLP 23:121
>>

Page 86 in my 7th ed under "Authority, Citable" will also mention:

<<
Calif. Rules of Court, Rule 977, changed to 1/07 Rules of Court 8.1115;
discussion of what is & is not citable, Editorial, 27 CWCR 305; CEB 22.48

* Citation of board panel decisions as reported in the CCC's are occasionally cited by
.....the Board and by Courts of Appeal: Wings West (LUCKENBACH) 15 CWCR 13,
.....51 CCC 609, fn. 4

* Writ denied cases: "While the cases have no stare decisis effect as to the appellate court
denial...they are citable authority as to the holding of the Board," Ralph's Grocery
(LARA) 23 CWCR 249, 60 CCC 840, footnote 7, p845
>>

Thus, it all depends how you refer to something. The whole purpose of citing anything is to give a judge a "hook," i.e., something to "hang" their opinion on.

Sometimes the ONLY similar holding which you can find will be a writ denied or panel decision. Certainly not binding in another case, and with no "stare decisis" effect, but if the reasoning of the decision makes sense (i.e., supports your position), then it is something you can mention as being "persuasive," citing perhaps the Griffiths case above "...as an indication of contemporaneous interpretation and application of workers' compensation laws."

I have met some attorneys who refuse to discuss, consider or even read anything but published decisions, saying everything else is a waste of their time. I disagree. I think they have their place.

There are even times when a well written, well reasoned dissent in a Board Panel decision will be found persuasive at the appellate level!

From page 175, "Credit Claimed, Medical Treatment, Contd."

<<
* Credit allowed vs ALL benefits in future, including future medical care, HOFER
61 CCC 277, Commissioner Gannon, dissenting, would have allowed credit
against future indemnity only; distinguished, no credit allowed, NADEEM 28
CWCR 243 {See editorial}; CEB 23.43; CWCLP 9:138; Hanna 7.04[9][a]

...~ HOFER cited as a reason NOT to allow a credit against future medical! It
........appears the court was impressed by Mr. Gannon's dissent: BOWIE 65 CCC 59
........allowing credit vs future PD; CWCLP 18:64....
>>

As usual, I have removed section symbols as they do not print well here. The "CEB" is of course the "Continuing Education of the Bar" book and "CWCLP" is Judge St.Clair's book, "California Workers' Compensation Law & Practice," though he now has editorial assistance from attorneys David G. Marcus, Richard L. Newman, and Alexander Wong.

-------------------------
Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

Prices INCLUDE sales tax, and shipping.

James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

Edited: Tuesday March 18, 2008 at 5:28 PM by stewshe@comcast.net

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ymcgavin@socal.rr.com
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Wednesday March 19, 2008 7:00 AM

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Hi All,

Mkomkom is correct in that citing a non-published decision from the appellate court is forbidden per Rules of Court, Rule 8.1115. But, a case issued as a non-published decision, per Rule 8.1115, is far different than a writ granted or writ denied appellate decision. One must keep in mind that only cases decided by the appellate courts are subject to being deemed non-published. On the other hand, any/all panel decisions can be cited.

Stew is equally correct that cases reported in the CWCR, or even panel decisions not picked up by the CWCR, can be cited as persuasive authority in a similar fact-specific case.

The panel decisions offered by WCC, mentioned by David, are invaluable. I subscribed to the WCC panel decisions as soon as they were offered, and although they are not considered 'precedent' any more than the cases cited in the CWCR, they will offer an enlightened WCJ a hook upon which to hang his/her hat when resolving a dispute.

Are panel decisions published in the CWCR precedent authority? No. Are panel decisions not published in the CWCR precedent authority? No, unless the panel decision is a WCAB en banc decision, in which case it is precedent authority for the WCJ but not the appellate justices. Are writ denied cases published in the CWCR or LexisNexis precedent authority? No.

Nevertheless, regardless of whether the decision is a panel decision that never sees the light of day in the appellate arena, or if the decision does go to the appellate court but is a writ denied decision, both carry the same weight at the WCAB level.

The last time Stew published his Index, I purchased one copy for each in-house attorney and paralegal working for my company, as well as a couple for myself. The Index is an invaluable tool, as one can search it various ways and find numerous cases addressing almost any particular issue in dispute. The cases addressing any particular subject, contained in the Index published by Stew, are grouped in such a way as to allow the reader access to cited cases both for and against almost any proposition being argued.

Thus, the Index is a great tool, but to realize the true value of the Index, one must have full access to all cases cited in order to understand the subtle nuances presented in each individual case.

I believe the seasoned practitioner should have full access to all panel decisions offered here on WCC, full access to the entire CWCR from 1973 to present, full access to all opinions offered by LexisNexis, and the seasoned practitioner should also keep a current copy of the Index offered by Stew.

I always carry a copy of Stew's Index in my briefcase.

A great example of the benefits of having access to the panel decisions published here on WCC is attached below. In the attached case, the IW sought a LC 5814 penalty due to the delay by SCIF in providing TENS supplies. A LC 5814 award issued in the amount of $37.50. The LC 5814 award was the subject of a petition for reconsideration by aggrieved defendant SCIF. The WCAB affirmed. SCIF did not seek appellate review, and to date, the CWCR has not published this case. I would never have known about this case, but for my subscription to WCC.

The value of this LC 5814 award for the whopping amount of $37.50 is priceless, as this is one of two strikes necessary to trigger a LC 5814.6 penalty investigation, which can result in a significant financial spanking. Although the DWC Audit Unit is supposed to be the recipient of any/all LC 5814 penalty awards, I have learned that few are forwarded. Well, thanks to WCC, I am furnishing a copy of each LC 5814 award to the DWC Audit Unit to ensure the compliance officers have the ammunition necessary for them to do their job.

York McGavin
ymcgavin@socal.rr.com

SCIF-SAC_ELIZONDO-TENS_SUPPLIES.pdf SCIF-SAC_ELIZONDO-TENS_SUPPLIES.pdf  (226 KB)


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Michaelb
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Wednesday March 19, 2008 9:10 AM

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Judge in San Diego threw out this citation twice

Jackson v. State Comp. Ins. Fund, SD 345671, June 22, 2007, Order Denying Reconsideration, CWCR August 2007

Would not give a reason.

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stewshe@comcast.net
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Wednesday March 19, 2008 1:08 PM

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mkomkom,

You needed to give the WCJ more info and explain it was mentioned as persuasive, logical reasoning, not a published decision. You gave the year of the issue and the month, but it would have been hard for the WCJ to find.

Here is an entry from my next edition:

<<
* QME's bill for services rendered: 5 month delay in making payment, & when made, penalties, 10%, & interest, 7%, not included per L.C. 4622, but QME persisted, penalties/interest finally paid and QME was awarded an additional $500 in sanctions, L.C. 5813, Jackson vs SCIF 35 CWCR 215, 2007 LexisNPD 53
>>

The "35" tells us the case was reported and probably was decided in 2007. (72 + first # in cite is 72 + 35 = 107....i.e., 2007.)

The "215" is the page number in the magazine where the case is reported.

The "LexisNPD" cite means it was reported in 2007 and was the 53rd case so reported in "Lexis Noteworthy Panel Decisions."

I'd suggest attaching a copy of the case cite, but if a WCJ wants to ignore it, they obviously can. Be sure to give reasoning in support of your position.


-------------------------
Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

Prices INCLUDE sales tax, and shipping.

James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

Edited: Wednesday March 19, 2008 at 1:09 PM by stewshe@comcast.net

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Michaelb
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Wednesday March 19, 2008 3:41 PM

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I attached a copy of the publication and the award.
Defense objection was it was not an "official publication"
(keep in mine, the citation was of one of my own cases)
Judge said one word. "Sustained."

The argument was I was not entitled to costs as filing and prosecuting a lien is the cost of doing business. To a certain extent I agreed if there was a legitimate dispute. In my case they said they never received my report until xxxx date.
Trouble is they used it as defense exhibit three months earlier. My argument is they did not have a reasonable dispute.

I reconned it over the issue, stating the award finding was citable.

The recon was accepted and the judge did the same thing in the next trial.

My point is the applied rules of the court appear to begin and end with the judges door to the court.

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stewshe@comcast.net
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Thursday March 20, 2008 5:41 AM

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Michaelb,

Bummer!

Looks like the WCJ had all the the info and just decided against your position.

The case you referenced gave the WCJ a chance to give you the win and let the WCJ know under apparently similar circumstances the scale of justice tipped your way.

Perhaps there were other facts in evidence which caused the WCJ to not give you the win?

York,

I almost forgot! Thanks for all the kind words of support!

-------------------------
Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

Prices INCLUDE sales tax, and shipping.

James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

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srz
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Friday March 21, 2008 3:16 PM

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York, you are quite correct in your assessment of the value of Stu's book. I think that it is an indispensable tool for any practitioner in our field and I am always a customer on behalf of our firm when Stu attends the May Defense Attorney's convention. While on that subject, David also deserves kudos for all he has done with Work Comp Central. First place I go when I sit down at my desk each morning. Both are a long way away from when all we had was Campbell on Workers Compensation, Hanna's books and O'Brien's. With a day/date wheel and a rating manual and the above two resourses you've got what you need to get started and stay up to date in our field.

-------------------------
Zachary H. Sacks
Sacks & Zolonz, LLP
Los Angeles Main Office
400 Corporate Pointe, Suite 800
Culver City, California 90230
Telephone: (310) 216-7778
Fax: (310) 216-9552
E-Mail: zachary@srzcomplaw.com
Web site: www.srzcomplaw.com

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stewshe@comcast.net
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Thursday May 08, 2008 5:43 AM

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The 7th edition has now been shipped to initial purchasers. The last boxes of books went to the P.O. last night. They should arrive no later than Saturday.

I am now in the process of filling orders of those who have seen the new edition and have ordered additional copies.

If anyone reading this is considering purchasing a book and is also going to attend the California Defense Attorney's Association's summer seminar in Squaw Creek 5/16/08 to 5/18/08, they can drop by my booth, examine a copy and, hopefully, take it with them.

The book comes with free handout, a copy of newly renumbered regulations from an April DWC Newsline 21-08. The handout lists old and new section numbers dealing with Claim Forms, Expedited Hearings and Penalties under L.C. 5814.6.

-------------------------
Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

Prices INCLUDE sales tax, and shipping.

James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

Edited: Friday May 09, 2008 at 5:48 AM by stewshe@comcast.net

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stewshe@comcast.net
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Thursday June 19, 2008 7:26 AM

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All,

FWIW, I will be in Monterey a week from today at about this same time setting up my booth for the CAAA summer convention, 6/26 to 6/29. Drop by and say, "Hi!' It's always nice to meet people in person who post here. It will also give those who have never seen one of my books a chance to look one over.

Also, there are a lot of "lurkers" who never post, but who have told me they enjoy reading what's posted. There have been some who have come by my booth in the past who told me they post, but didn't want to tell me who they were! That's alright too.

Last of all, for those who don't know, "stewshe" is a combination of my nickname, "Stew" and my wife Sheila's name. It's also my license plate.

-------------------------
Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

Prices INCLUDE sales tax, and shipping.

James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

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