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Seminar Archives

Charging Ahead

As the New Year enters into full swing, and we return to our routines after the winter holidays, we can anticipate new challenges, new claims, and new decisions. What big cases will be this year’s Lindh, King, or Fitzpatrick? As always at Mullen & Filippi, we’ll be reading all of the stories big and small, and dissecting all of the cases from Board level to the Court of Appeals, so that we can continue to provide our clients the analysis and insight needed to effectively handle claims.

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Information vs. Communication: A Changing Syntax

Section 4062.3(b) requires that “information” proposed to be provided to the QME “shall be served on the opposing party 20 days before the information is provided to the evaluator. If the opposing party objects to consideration of nonmedical records within 10 days thereafter, the records shall not be provided to the evaluator.” Although §4062.3(b) does not give a specific timeline for the opposing party to object to the QME’s consideration of medical records, the opposing party must object to the provision of medical records to the QME within a reasonable time in order to preserve that objection. The failure to object at the first opportunity may be construed as an implicit agreement by the opposing party to provision of the information to the QME.

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Kite, AMEs, and the WCAB: The Perfect Storm

The 2017 decision of Kite v. Athens Administrators (2013) 78 CCC 213 (writ denied) has left the legal community scratching its collective head. From the definition of “synergism” to whether “overlap” necessarily rules out compensable consequences, the courts have issued a dizzying array of inconsistent decisions. In this article, we will explore the history of Kite and its progeny, and address what appear to be the critical elements of sustaining — or defeating — a Kite analysis. Finally, we will address holding of the 2018 Fitzgerald case and its likely impact on the Kite line of cases.

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