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George P. Surmaitis, Esq.

Edward L. Faunce, Esq.

Temporary disability payments do not delay payment of disability retirement benefits nor is it an offset under the County Retirement Law

The Porter case: a decade of litigation over the meaning and implementation of Gov't Code §31724 which protects members of the County Retirement Law systems from losing their workers’ compensation temporary disability benefits .More

Is Your Client on Pins and Needles?

Acupuncture is entering into the mainstream. Rather than just an ancient remedy, there is increased scientific literature to support its effectiveness. It provides you with another tool to help your client deal with their injuries. More

DSM-5 vs. DSM-IV-TR: The Workers’ Comp Solution

The DSM-5 was published at the end of May, 2013. This work was produced by a group of 1,992 contributors and advisors (I actually counted all their names) consisting of psychiatrists, psychologists and other mental health professionals. . More

Dr. Bruce Leckart

Rachel Feinberg D.P.T.

Fear and the Role of Physical Therapy

Fear of re-injury, fear of movement (kinesiophobia) and avoidance due to increased pain levels are common barriers to returning to normal life, work or recreational activities after an injury. Research suggests that an individual's pain-related fear and avoidance are important factors in determining activity level 6-12 months after an injury. More

Utilizing the Affordable Care Act in the Settlement Process

The implementation of the Affordable Care Act (ACA), also known as Obamacare, has raised many questions regarding how it might be used in conjunction with workers’ compensation settlements. More

Steven Chapman & Gregg Chapman, Esq.





The Editor Rants on the UR-IMR Dilemma: Are We as Smart as a Dog?
By Marjory Harris, Esq.

The editor revisits the broken system created by reform legislation and bureaucratic regulations aimed at micromanaging the medical delivery system and asks if we are as smart as a dog?

My first Internet stop on Mondays through Fridays is David DePaolo's blog. He wrote one recently on UR and IMR entitled “Point At The Moon” which ended with a Chinese proverb: “The difference between a human and a dog is that, when you point at the moon, the dog looks at your finger.”

I tested this with my own dog, who sits next to my desk when I'm working in my office. Much as I tried, I could not get my beloved Tashi to take her eyes off my pointed finger. Having empiracally proved the proverb to be true, I then researched the proverb online, and came upon some variations of the proverb: “When the sage points at the moon, the fool looks at the finger.”

I always considered Tashi very smart. After all, she is a poodle, one of the smartest breeds. But smart as she is, she cannot read and, if she could, she would not be able to figure out some of the post-SB 863 regulations foisted on workers' compensation practitioners by the sages at the DWC.

But lets get back to workers' compensation. We who practice workers' compensation law find it easier to look at the finger, rather than where it is pointing. We point to our rhetoric that we are helping our clients and doing what is best for them, but we need to ask if we are not doing what seems best for us?

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