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DWC Asked to Remove Perjury Threat From Copy Service Fee Proposal

  • State: California
  • Topic: Top
  • - Popular with: Legal
Labor and management representatives are asking the California Division of Workers’ Compensati…

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James Witkop Oct 15, 2020 a 7:11 am PDT

Something needs to be done. Here in Northern California there is one company (we all know who) that goes to AA's offices, reviews files and just starts issuing subpoenas. We just received a subpoena for MY LAW FIRM'S FILE on a case where we have reached a resolution and I've already sent settlement documents to the other side. There is no need for the subpoena at all (putting aside the impropriety of issuing a subpoena to a law firm). I also understand that the WCABs have been inundated with public records requests by this same company, and that Colamonico may have been inspired by this company's abuse. Despite everyone's knowledge that this company is not issuing legitimate subpoenas, the abuse continues. So something needs to be done.

Daniel Lopez Oct 15, 2020 a 7:10 am PDT

Today, I learned a new fact on why in 1864, President Lincoln didn't nominate a justice within the 27 days prior to the pending election as stated in the current senate confirmation hearings. It was due to the fact that the senate was in recess until December and would not be able to confirm a nomination. As I read this article it is clear that all facts are not clearly being stated. I believe there needs to be liberal discovery on both sides, and if there is fraud being perpetrated, then those actions need to be investigated and quickly prosecuted through the court with an expedited video conference discovery hearing. The proposed copy service fee schedule, although lacking in many areas, does not have enforcement capabilities. Discovery issues are time-sensitive and require the administration and court to preserve these unencumbered rights.

Pete Almeida Oct 15, 2020 a 8:10 am PDT

Funny, I get 3-8 SDTs a week for locations that I just subpoenaed the month before. The a/a or copy service just sees my SDT and, instead of asking MacroPro for a copy, they ask their copy service to issue a new SDT. This happens even when I tell MacroPro to provide a copy to a/a. I object to the sdt as duplicative, the copy service still copies the records and then the adjuster pays the bill to avoid a penalty.

Steven Chandler Oct 15, 2020 a 9:10 am PDT

As an adjuster for many years and now as a manager for many more, I've seen and continue to see everything alleged above. The voice of opposition states "hide the ball. It’s ‘Look at this, don’t look at that" when, in reality, this is truly what's occurring. Once the $75 fee arrived for cancelled orders, these started coming in left and right for locations that have no relativity to the case-in-chief. And, when you call out the AA for these dubious practices, then they simply place the orders through yet another copy service company. Someone needs to look into potential kickbacks. Perhaps AA should pay the cost for cancelled orders, those submitted within the 30 days, etc. Shift the burden to them and once it's their pocket that's being tapped, things will probably change and rather quickly too.

Jeffrey Gaines Oct 15, 2020 a 11:10 am PDT


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