LexisNexis® Legal Newsroom
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...

FREE DOWNLOAD: Cortez v. Fru-Con (Calif. WCAB panel) (Ogilvie analysis)

Joaquin Cortez v. Fru-Con Construction Corporation Permanent Disability—Rating—Diminished Future Earning Capacity—WCAB held that report of vocational expert did not constitute substantial evidence under Ogilivie v. City and County of San Francisco (2009) 74 Cal. Comp. Cases 1127...

FREE DOWNLOAD: Cortez v. Fru-Con (Calif. WCAB panel) (Ogilvie analysis)

Joaquin Cortez v. Fru-Con Construction Corporation Permanent Disability—Rating—Diminished Future Earning Capacity—WCAB held that report of vocational expert did not constitute substantial evidence under Ogilivie v. City and County of San Francisco (2009) 74 Cal. Comp. Cases 1127...

The Ogilvie Burden

The Ogilvie opinion held in significant part that the Permanent Disability Rating Schedule (PDRS) is rebuttable and, more specifically, the Diminished Future Earnings Capacity modifier (DFEC) is rebuttable. Thus, an injured worker may be allowed to show that his or her permanent disability award should...

2010 Year in Review: The Top 10 Workers’ Compensation Events in California

In a totally arbitrary and perhaps capricious, non-parametric, unscientific but somewhat peer reviewed way, here are the top ten workers’ compensation events that occurred in 2010. Can you predict what the top ten workers’ compensation events will be in 2011? Here are 2010’s selections...

The Rassp Report

The Rassp Report, a law blog Robert G. Rassp, Esq. Author, " Lawyer's Guide to the AMA Guides and California Workers' Compensation ," 2012 © Lexis Nexis/Matthew Bender & Co. Chairman of the Board of Directors, Friends Research Institute: www.friendsresearch.org Read...

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...

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...

Herlick Handbook 31st Edition: Educating the California Workers’ Comp Community Since 1964

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 2010, and the handbook is now co-edited by a...

2011 Year in Review: The Top 10 Workers’ Compensation Events in California

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 But Should Have in our workers’ compensation...

2011 Year in Review: The Top 10 Workers’ Compensation Events in California

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 But Should Have in our workers’ compensation...

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: Obtaining Substantial Evidence From Vocational Rehabilitation Experts in Ogilvie Cases

At a seminar during the recent DWC 19th Annual Educational Conference in Oakland, we heard opinions about interpreting Ogilvie , rating permanent disability, and rebutting the 2005 Permanent Disability Rating Schedule. Although Ogilvie did not give us definitive instructions on how to rate permanent...

California: Obtaining Substantial Evidence From Vocational Rehabilitation Experts in Ogilvie Cases

At a seminar during the recent DWC 19th Annual Educational Conference in Oakland, we heard opinions about interpreting Ogilvie , rating permanent disability, and rebutting the 2005 Permanent Disability Rating Schedule. Although Ogilvie did not give us definitive instructions on how to rate permanent...

The Rassp Report

The Rassp Report, a law blog Robert G. Rassp, Esq. Author, " Lawyer's Guide to the AMA Guides and California Workers' Compensation ," 2014 © Lexis Nexis/Matthew Bender & Co. Chairman of the Board of Directors, Friends Research Institute: www.friendsresearch.org Read...