Browse By Tags

Circumstances sometimes arise where justice requires that a party’s due process rights trump the inconvenience it may cause to a witness. Scheduling witness testimony is not an exact science, and often results in a minor and sometimes major inconvenience...

Any information or opinions contained in this commentary are not necessarily endorsed by LexisNexis® or its affiliates or by the LexisNexis® editorial consultants who review panel decisions. There can be little question that there has been rampant...

Recently, a panel of commissioners with the Workers’ Compensation Appeals Board (WCAB) addressed a medical treatment dispute where the question was what documentation had to be considered by the claims adjuster in reviewing a treatment request ...

In early 2017, a PQME referral company hosted a continuing medical education (CME) program for its panel QME physicians in the Southern California area. The first three hours of the six hour program featured an applicant’s attorney, a defense attorney...

There is a great deal of uncertainty these days concerning what constitutes an appropriate request to replacement a Panel of Qualified Medical Evaluators (PQMEs) from the Department of Industrial Relations Medical Unit. When the initial PQME selected...

CA: CHSWC Posts Draft Report on Impact of AMA-Based PDRS in California . CA: CHSWC Posts Memo on Requirement for Insurer Review of Employer's IIPP . CA: CHSWC Approves Report on Medical Care Provided Under Calif. WC Program . CA: CHSWC Posts...

Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Medical Provider Networks; Treatment Outside MPN. WCAB, reversing WCJ, ordered that lien claimant take nothing by way of its lien for...

In State Compensation Insurance Fund v. Workers' Comp. Appeals Bd. (Sandhagen) (2008) 44 Cal.4th 230 [73 Cal.Comp.Cases 981] (Sandhagen), the California Supreme Court clarified that an employer did not have the option of going through either UR or...

The Court of Appeal has closed what could have ended up being an enormous loophole in Labor Code § 4663 with a decision reversing a W.C.A.B. opinion on apportionment and then ordering publication after the decision was initially ordered unpublished...

Here’s the second batch of advanced postings for the December issue of Cal. Comp. Cases. Lexis.com subscribers can access the case online. County of Mendocino, PSI, administered by York Insurance Services/York Risk Services Group, Inc., Petitioner...

CALIFORNIA COMPENSATION CASES Vol. 76 No. 11 November 2011 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 © Copyright 2011...

By Robert G. Rassp, Esq. The year 2011 has been noteworthy for many events in our workers’ compensation system and as much for events that did not occur. So this year, we will add a bonus – the Top Five Events In 2011 That Did Not Occur...

Here are our picks for this year’s top 10 noteworthy panel decisions involving liens. Lexis.com subscribers can link to the panel decisions below. Reminder: Check the subsequent history of the panel decision before citing to it. Attention lexis...

Does an Employee Have to Obtain a Comprehensive Medical-Legal Evaluation Prior to Disputing a Utilization Review Determination? In State Compensation Insurance Fund v. Workers’ Comp. Appeals Bd. (Sandhagen) (2008) 44 Cal.4th 230 [73 Cal.Comp.Cases...

The use of network physicians to provide medical care to injured workers in California rose sharply in 2005 -- immediately after Medical Provider Networks (MPNs) first became available in California workers’ compensation, expanding employer medical...

LexisNexis Announces New Editors-in-Chief: Richard Jacobsmeyer, Julius Young, Barry Bloom This 31st edition marks a transition in the history of Herlick, California Workers’ Compensation Handbook . Longtime author Stanford D. Herlick passed away...

In Chirinos v. Heartwood Cabinet , No. ADJ2087163, the WCAB panel found that the applicant’s failure to submit to a physical examination by the panel QME did not render the panel QME’s reports inadmissible for purposes of this contribution...

By Bruce P. White, Esq. A WCAB panel has recently issued an important decision that will give guidance to the workers’ compensation community on salary continuation plans. The decision in Fiorentino v. Allan Hancock College , ADJ7527243, is...

There have been a number of cases decided by the Workers’ Compensation Appeals Board (WCAB) dealing with Labor Code Section 4062.3 and what constitutes a prohibited ex parte communication with a Panel Qualified Medical Evaluator (PQME). Though many...

CALIFORNIA COMPENSATION CASES Vol. 76 No. 10 October 2011 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 © Copyright 2011...

Representatives of two pro-business Sacramento lobbyists expressed great satisfaction with Governor Brown’s 2011 performance in signing and vetoing workers’ compensation bills, but they foresaw difficult times for the state’s workers’...

The California Supreme Court has spoken again about COLAs. Call it Baker Redux. In response to a Petition for Rehearing filed by San Jose attorney Arthur Johnson, the California Supreme Court issued a modified opinion that can be found here: Baker...

The California Supreme Court has issued its decision denying the Petition for Rehearing filed by applicant in Baker v W.C.A.B. (XYZZX) . The court did make some modifications to its opinion that to some extent addressed the issues raised in applicant...

CALIFORNIA COMPENSATION CASES Vol. 77 No. 7 July 2012 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...

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...