California 6th District to Take a Stab at PD Rating Issues in Guzman Case

The 6th District Court of Appeal granted defendant's appeal in the Miltipitas Unified School District v W.C.A.B. (Guzman) case today. As I am sure everyone is aware, there are three pending petitions for writ of review in the Almaraz/Guzman and Ogilvie cases. This is the first court to rule on whether...

California WCAB Finds QME Reports Met Standards Under Almaraz/Guzman

Artemio Gonzalez v. Rangell Drywall, Inc. Permanent Disability--Rating--AMA Guides --WCAB, affirming WCJ's decision, held that QME's reports constituted substantial evidence under standards set forth in Almaraz v. Environmental Recovery Services/Guzman v. Milpitas Unified School District ...

Supreme Court Denies Review in Guzman Case

The California Supreme Court has declined to review the 6 th District Court of Appeal decision in the Milpitas USD v W.C.A.B. (Guzman) decision rendering that case now final on the issue of a rebuttal to the AMA guideline portion of the AMA guidelines used in describing impairment under the 2005 PDRS...

The AIA’s Positions on Workers’ Compensation Issues— Medical Costs, AMA Guides Sixth Edition, State Funds, and California’s Left Coast Litigation: Taking a Hard Look at the Ball of Confusion

By Karen Yotis, Esq. When Norman Whitfield and Barrett Strong penned “Ball of Confusion (That’s What the World Is Today)”, they could hardly have anticipated that the political anthem the Temptations recorded in 1970 would mirror the state of our country’s workers’ compensation...

Should California Switch to the AMA Guides Sixth Edition?

By Robert G. Rassp, Esq. This is a no holds barred editorial commentary. It is not intended to be neutral but it is intended to be factual. We wrote this article to draw the line in the sand in California in the event there is any effort to impose the use of the AMA Guides 6th Edition on our workers’...

The AIA on Workers’ Compensation: Medical Costs, AMA Guides Sixth Edition, State Funds, and California’s Left Coast Litigation

By Karen Yotis, Esq. When Norman Whitfield and Barrett Strong penned "Ball of Confusion (That's What the World Is Today)", they could hardly have anticipated that the political anthem the Temptations recorded in 1970 would mirror the state of our country's workers' compensation...

California: Ogilvie Reversed – Confusion Reigns

The 1st District Court of Appeal has issued its decision in the combined cases of Ogilvie v W.C.A.B./ City and County of SF v WCAB reversing the W.C.A.B. en banc decision but upholding the concept of a rebuttable schedule. In its decision the Court specifically finds the W.C.A.B. exceeded its authority...

California EAMS: Medical Reports as Evidence

Last fall, we issued a blog discussing Rule 8 CCR §10629 which sets forth the perimeters for filing exhibits in EAMS for trial. The rule requires that all parties create and serve a list of the exhibits they plan to offer as evidence at trial, preferably at the mandatory settlement conference (MSC...

California EAMS: Medical Reports as Evidence

Last fall, we issued a blog discussing Rule 8 CCR §10629 which sets forth the perimeters for filing exhibits in EAMS for trial. The rule requires that all parties create and serve a list of the exhibits they plan to offer as evidence at trial, preferably at the mandatory settlement conference (MSC...

California: What Decisions Rule and When Do They Rule?

In last month’s blog, we set forth a chronology of the significant case law on permanent disability determinations. The list has been updated and set forth again below: Chronology of Significant PD Rating Cases: 12.7.06 Costa v. Hardy Diagnostic, (Costa I) (2006) 71 CCC...

California: What Decisions Rule and When Do They Rule?

In last month’s blog, we set forth a chronology of the significant case law on permanent disability determinations. The list has been updated and set forth again below: Chronology of Significant PD Rating Cases: 12.7.06 Costa v. Hardy Diagnostic, (Costa I) (2006...

Business Groups Evaluate California Governor’s 2011 Legislative Performance, Foresee Difficult Times Ahead for State’s Workers’ Comp System

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’ compensation system in 2012. “Governor...

Business Groups Evaluate California Governor’s 2011 Legislative Performance, Foresee Difficult Times Ahead for State’s Workers’ Comp System

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’ compensation system in 2012. “Governor...

California: By the Numbers

What was the impact of the adoption of an AMA-based permanent disability rating schedule in California? That was the question addressed in a significant new study by Frank Neuhauser, Executive Director of the UC Berkeley based Center for the Study of Social Insurance. My last post briefly covered...

California: How to Prove a LeBoeuf Rebuttal

New Clues on Applying an Ogilvie III Analysis in a DFEC Rebuttal Case In a recent panel decision of Dahl v. Contra Costa County (ADJ1310387) issued on May 18, 2012, the WCAB commissioners shed some light on how to apply an Ogilvie III analysis in a DFEC rebuttal case. Set forth below is the historical...

Getting a Grip on the AMA Guides

Lexis.com subscribers can link to the cases cited below. Subsequent to the passage of SB 899 in California, permanent disability is determined by using the American Medical Association’s Guides to the Evaluation of Permanent Impairment , Fifth Edition (AMA Guides). The AMA Guides are very specific...

California: Rating Impairments That Are Missing From the AMA Guides

Attention Lexis Online Subscribers: Case citations link to lexis.com. Bracketed case citations link to Lexis Advance. In the recent WCAB panel decision of Cannon v. City of Sacramento, (2012) 2012 Cal. Wrk. Comp. P.D. LEXIS 615 [ 2012 Cal. Wrk. Comp. P.D. LEXIS 615 ], the WCAB Commissioners analyzed...

California: WCAB Clarifies It Hasn’t Endorsed Use of AMA Guides Sixth Edition

The California WCAB, on its own motion, rescinded its prior order in Frazier v. State of California [ 2013 Cal. Wrk. Comp. P.D. LEXIS 365 (lexis.com), 2013 Cal. Wrk. Comp. P.D. LEXIS 365 (Lexis Advance)] affirming the WCJ’s findings and award, and returned the matter to the WCJ for new decision...

Strict AMA Guides WPI of Zero Percent Rebutted in Ortho/Psyche Case: Cal. Comp. Cases August Advanced Postings (8/20/2014)

Here are the second and third batch of advanced postings for the August 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. Bank of America, PSI, adjusted...

California: Elements for Rebuttal of a Strict Rating of the AMA Guides

One of the primary goals and foundation of the workers’ compensation system is to provide adequate medical treatment for injured workers, enabling them to promptly return to their usual and customary jobs. Hence, it is not unusual for a worker to be injured, receive appropriate medical treatment...