California Workers' Comp Case Roundup (1/5/2012) - Messele III en banc

CALIFORNIA COMPENSATION CASES Vol. 76 No. 12 December 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 CONTENTS OF THIS ISSUE © Copyright 2012 LexisNexis. All rights...

Cal. Comp. Cases January Advanced Postings (1/6/2012)

Here’s the first batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes. Roxanna Ortiz , Petitioner v. Workers' Compensation Appeals Board, One Source, PSI, adjusted by ESIS, Respondents , 2011 Cal. Wrk. Comp. LEXIS...

California: Can a Psychiatric Injury Be Filed “Post-Termination” Where the Employee First Becomes Aware of Her Injury After Her Termination?

It may not be well known, but both Labor Code Section 3600 (a)(10) and Labor Code Section 3208.3 (e)(5) contain provisions that exempt their application to those claims where the date of injury is determined in accordance with Labor Code Section 5412 . Labor Code Section 3600 (a) states: “...

NCCI-Mandated Assigned Risk Policy Plain Language Upheld: Cal. Comp. Cases January Advanced Postings (1/18/2012)

Here’s the third batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. FEATURED CASE: NCCI-MANDATED ASSIGNED RISK POLICY PLAIN LANGUAGE UPHELD Lexis.com subscribers can link to the case to read the complete summary. Ardis Kemp, Brenda Kemp, dba ABCO Distribution, Petitioners...

Comfortably Numb: The Impact of Prescription Pain Medications on the Proper Determination of Permanent Disability

It may be an unfortunate reality but narcotics are a common aspect of medical treatment within the workers’ compensation system. As pain is an extremely individual experience, it is difficult if not impossible to assess whether the medications prescribed are excessive, inadequate or appropriate...

Navigating Medical Provider Network Issues in California

How does a defendant prove that it sent the proper notices in compliance with Knight, and when exactly will it be liable for treatment procured outside of the MPN? There have been several cases as of late addressing MPN issues. Specifically, there has been Knight v. United Parcel Service (2006) 71...

Probation Dept. Counselor Stumbles on Way to Break Up Classroom Fight Between Juvenile Detainees: Cal. Comp. Cases January Advanced Postings (1/26/2012)

Here’s the fourth batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes. County of Kern/Kern County Probation Department, PSI, Petitioner v. Workers' Compensation Appeals Board, Gregory Dollar...

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...

California: A Tribute to Hon. Susan V. Hamilton

Susan V. Hamilton, a Deputy Commissioner of the California Workers’ Compensation Appeals Board (WCAB), retired at the end of 2011. Deputy Commissioner Hamilton had a long, productive and influential career in public service in many roles with the California Department of Industrial Relations, the...

Catching Up on Some Zs in California – Sleep Disorders

By Robert G. Rassp, Esq. Whole person impairment ratings for sleep disorders in Table 13-4, and the instructions for use on page 317 of the AMA Guides Fifth Edition have created conflicting WCAB panel decisions on whether a sleep disorder can exist as a stand-alone WPI rating or if it is limited to...

Catching Up on Some Zs in California – Sleep Disorders

By Robert G. Rassp, Esq. Whole person impairment ratings for sleep disorders in Table 13-4, and the instructions for use on page 317 of the AMA Guides Fifth Edition have created conflicting WCAB panel decisions on whether a sleep disorder can exist as a stand-alone WPI rating or if it is limited to...

Rise and Fall of the COLA: How It Affects the Attorney’s Fee in California

Calculation of attorneys’ fees has always been a hot-button issue for the WCAB. When the calculation involves a lifetime award of permanent total disability (PTD) benefits, the issue ratchets up a notch. Lately, several conflicting panel decisions have issued discussing how an attorney’s...

California: The Important Distinctions Between Reconsideration and Removal

Lexis.com subscribers can link to the cases, statutes, and rule cited below. Commonly, when appealing an adverse determination of a Workers’ Compensation Administrative Law Judge (WCJ), a practitioner will file a petition for reconsideration, and, in the alternative, a petition for removal...

California Workers' Compensation Cases Roundup (3/8/2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 1 January 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 © Copyright 2012 LexisNexis. All rights...

Neutral Risk Doctrine Applied to Render Claim Compensable: Cal. Comp. Cases March Advanced Postings (3/14/2012)

Here’s the next batch of advanced postings for the March 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. Kyong Hee Lee, Se Hyung Lee, individually and dba South...

California: Court Rules Labor Code Section 3208.3 Burden of Proof Falls on Applicant

The Second District Court of Appeals has reversed a W.C.A.B. award of psychiatric injury for an employee with less than 6 months employment and in doing so has provided valuable additional guidance on the criterion for meeting the statutory exception to the 6 month limitation on such injuries and the...

California: Court Rules Labor Code Section 3208.3 Burden of Proof Falls on Applicant

The Second District Court of Appeals has reversed a W.C.A.B. award of psychiatric injury for an employee with less than 6 months employment and in doing so has provided valuable additional guidance on the criterion for meeting the statutory exception to the 6 month limitation on such injuries and the...

Judge Properly Excluded Testimony of Undisclosed Witnesses at Trial: Cal. Comp. Cases April Advanced Postings (4/18/2012)

Here’s the fourth batch of advanced postings for the April 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. Ace American Insurance Company (insurer for Waste Management...

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition

Lexis.com subscribers can link to the cases cited below. The AMA Guides generally disfavors grip loss as a measurement for rating a whole person impairment (WPI). (See AMA Guides Fifth Edition, page 508.) However, a series of recent WCAB panel decisions indicate that there may be circumstances when...

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition

Lexis.com subscribers can link to the cases cited below. The AMA Guides generally disfavors grip loss as a measurement for rating a whole person impairment (WPI). (See AMA Guides Fifth Edition, page 508.) However, a series of recent WCAB panel decisions indicate that there may be circumstances when...

California: 26 Noteworthy Panel Decisions You Should Know About (January-June 2012)

Here are the publisher's picks for the top noteworthy panel decisions recently reported in the LexisNexis services. The list is based upon feedback from our consultants about current topics and issues that are of interest to the entire workers’ compensation community. Lexis.com subscribers...

The WCMSA Conundrum in California

By Robert G. Rassp, Esq. The following email string is true, accurate and correct. It is a typical email string between an applicant’s attorney and a defense attorney. We all have cases like this in our inventories. In this case, the Applicant was a medical laboratory technologist who sustained...

The WCMSA Conundrum in California

By Robert G. Rassp, Esq. The following email string is true, accurate and correct. It is a typical email string between an applicant’s attorney and a defense attorney. We all have cases like this in our inventories. In this case, the Applicant was a medical laboratory technologist who sustained...

California: Zombie Liens and Statute of Limitations

FREE ENEWSLETTER; SIGN UP TODAY HERE Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Liens; Medical; Statute of Limitations. WCAB affirmed WCJ’s order disallowing balance of lien claimant’s lien filed on 2/3/2011...

California WCAB Seeks Candidates for Two Staff Attorney Positions

The Workers’ Compensation Appeals Board, Office of the Commissioners in San Francisco, seeks candidates to fill two full time permanent staff attorney vacancies: Industrial Relations Counsel II $6,347 - $8,141 salary plus benefits Industrial Relations Counsel III $7,682 - $9,857 salary plus...