Cal. Comp. Cases October Advanced Postings (10/13/2010)

Here's the third batch of advanced postings for the October 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the full headnotes and summaries. Brunton Enterprises, Inc., SeaBright Insurance Company, Petitioners v. Workers' Compensation Appeals Board...

The Examiner’s Guide to a Medical Report and Report Evaluation “Check List”

By Corey Ingber, Partner, Landegger, Baron, Lavenant and Ingber Think about all of the new features, rules, regulations, changes and laws added to the workers’ compensation mixture since the advent of our reforms. If we go back a number of years, a medical-legal report was usually no...

California WCAB Panel Concludes That 100% Loss Of Future Earning Capacity Is A Factor To Consider When Calculating Permanent Disability

By David Bryan Leonard, Esq. The panel decision of Clark Baldridge v. Swinerton, Inc./Zurich (ADJ 636377), 2010 Cal. Wrk. Comp. P.D. LEXIS 271 , highlights the role of consistency in the judicial process by recognizing that while law may change, long standing principles remain. In Baldridge , a...

Between a Rock and a Hard Place: Permanent Total Disability Under California Labor Code Section 4662

By Robert G. Rassp, Esq. Once in a while, the powers that be allow us to be “applicant oriented” in our articles and this is one of them. We try to be neutral in most of our articles and books but sometimes the intoxicating effect of writing gets the most of us. Warning to applicant’s...

California: So You Think You Know Who Has the Burden of Proof on Apportionment?

Prior to Senate Bill 899, the law was clear as to which party had the burden of proof on the apportionment issue. If defendant could not provide substantial evidence that there was either pre-existing PD or a progressive disease process, apportionment could not be found. In other words, it was unequivocally...

No Unlawful Age Discrimination Found in 20 Percent Apportionment of Permanent Disability to Other Factors: Cal. Comp. Cases May Advanced Postings (5/25/12)

Here’s the next batch of advanced postings for the May 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. William Slagle, Petitioner v. Workers' Compensation Appeals...

Split WCAB Panel Splits Up Permanent Disability Award: Cal. Comp. Cases July Advanced Postings (7/25/2012)

Here’s the fifth batch of advanced postings for the July 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summary. © Copyright 2012 LexisNexis. All rights reserved. Darlyn Piper , Petitioner v. Workers' Compensation Appeals...

No Basis for Apportionment When VR Expert’s Opinion Unrebutted: Cal. Comp. Cases August Advanced Postings (8/22/2012)

Here’s the fourth batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Giroux Glass Inc., Indemnity Insurance Company of North...

AME’s Opinion Failed to Support Apportionment: Cal. Comp. Cases December Advanced Postings (12/5/2012)

Here’s the second batch of advanced postings for the December 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Best Buy Company, Inc., Ace American Insurance Company...

California: Keys to Proving Apportionment: The Bullet Proof List

The apportionment statutes were massively revised by the 2004 workers’ compensation reform package. However, apportionment was one of the only areas of the workers’ compensation law that did not get hit by the most recent reform legislation of SB 863. Nevertheless, over the past year, the...

California: SB 863 and Benson

By Robert G. Rassp, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Call me weird, obsessed, bored, or deeply disturbed but recently while I was on my almost daily four-mile hike in the hills of Porter Ranch, I was thinking about...

California: Apportionment, Conclusive Presumptions and Labor Code Section 4662 (Part 1 of 2)

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Editor’s Note: The following is Part One of a two-part article. Are there any circumstances under which apportionment will reduce a 100% PD finding under LC § 4662 [ 4662 ]? In...

California: Apportionment, Conclusive Presumptions and Labor Code Section 4662 (Part 2 of 2)

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Editor’s Note: The following is Part Two of a two-part article. Part One can be read here . Cases Where Apportionment Is Not Applicable to LC § 4662 Cases: In the writ denied...

Applicant’s Two Injuries So Intertwined That No Separate Ratings Possible: Cal. Comp. Cases June Advanced Postings (5/28/2013)

Here’s the first batch of advanced postings for the June 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. City of Cathedral City, PSI administered...

California Workers' Comp Case Roundup (8/10/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 7 July 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2013 LexisNexis. All rights...

California: Appellate Court Publishes Opinion Reversed PTD Award Without Apportionment

The Court of Appeal 1st District) has issued an opinion reversing a 100% award for an employee where the Court determined the WCJ and W.C.A.B. ignored substantial evidence of apportionment and remanded the case back to the W.C.A.B. to more fully consider that specific issue. In Acme Steel v W.C.A...

Lien Activation Fees En Banc Decision Denied Writ: Cal. Comp. Cases September Advanced Postings (9/20/2013)

Here’s another batch of advanced postings for the September 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. New Age Imaging, Inc., Petitioner...

Vocational Expert Failed to Conduct Research or Labor Market Survey: Cal. Comp. Cases December Advanced Postings (11/22/2013)

Here’s the first batch of advanced postings for the December 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Bruce Bates, Petitioner v. Workers'...

Defendant’s Burden to Prove Overlap of Disabilities: Cal. Comp. Cases February Advanced Postings (2/7/2014)

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. New Axia Holding, dba Ames Taping Tools, Arrowood Indemnity Company (formerly known as Royal and Sunalliance), Petitioners v. Workers'...

California: Whose Burden Is It, Anyway?

With all of the changes in the law the last few years, practitioners are finding it more difficult to determine which side has the burden of proof. Once determined, they have a difficult time finding the appropriate evidence needed to meet this burden. Set forth below is a summary of recent Noteworthy...

Deposition Procedures Not Required for Vocational Expert Interviews: Cal. Comp. Cases September Advanced Postings (8/29/2014)

Here’s the first batch of advanced postings for September 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. James Fetner, Petitioner v. Workers'...