Dear Members: |
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As I take over the reins of the California Applicant's Association I recall the words of President Roosevelt "There is a mysterious cycle in human events. To some generations much is given. Of other generations much is expected. This generation has a rendezvous with destiny." The California Applicants' Attorneys have met the expectations through the years. With the advent of SB899, the Association has risen to the challenge and is turning that disaster on its head. In fact, we ended this legislative session getting a bill no one was interested in out of the Legislature and onto the Governor's desk, where unfortunately, it was vetoed. However, this organization and its members have been taking the battle to the courts where their successes are astounding. Witness the Dykes and Nabors cases as well as the cases such as Aldi, Chilton, and their progeny interpreting the Labor Code Section § 4660 exceptions broadly so as to allow the pre-1/1/2005 cases to be rated under the pre 1/1/2005 rating schedule as is appropriate. We also have had successes in utilizing the testimony of vocational experts to show earning capacity losses to get ratings about the AMA Guideline ratings. Currently, the Costa case is in front of the WCAB where the legality of the schedule is being challenged. |
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In large measure, these successes are due to the exceptional efforts of the people on the education committee and the SB899 Committee and others who work ceaselessly at making sure that each practitioner has the tools to fight the evils wrought by SB899. CAAA is on a roll and is not going to stop. |
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Going forward into the future, we have created a few new committees to expand the legal fight against the restrictions of SB899. These new committees are AMA Guides Committee - to study the guides and their applications in other states as well as ways to utilize the Guides to properly address all aspects of an industrial injury. The chairs on this committee are Charles Rondeau and Todd McFarren (Treasurer of CAAA and Convention chair). This committee is seeking as many volunteers as possible to assist in their efforts. Another new committee chaired by Stanley Levine, Scott Rubel, Adam Domchik (Secretary of CAAA) is the "Regs" Committee, which will review the DIR regulations and focus attention on the MPN regulations in particular to develop practice tips to assist in maximizing care within the MPN's and to help get our clients out where needed.. Marguerite Sweeney and Mark Vickness are chairing the VIAW Liaison Committee to interface with that organization. These committees still need members. All you need is a regular membership in CAAA and the willingness to give a hand. Participating on these committees is always a great learning experience fulfilling on a personal level. Of course, the standing committees still need members as well and if you are interested in participating in a committee, please contact me or the CAAA office and we will assist you to find a place. |
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We are facing a challenging year ahead with a Legislature that has approximately 35 or more new members, most unfamiliar with our issues. We expect to call on your assistance to help your local Legislator on our issues as we prepare once more to get some changes made on a legislative level to restore benefits to the injured workers who are in such sore need of help. We need each of you to renew your membership, take heart and carry on once more to fight this injustice. It is an honor to be president of this organization, and its is an obligation that I do not take lightly. I hope to see each of you as you renew your memberships and as you attend the conventions and educational programs. |
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