Inextricably Intertwined – Benson Revisited in California

In their decision in Benson 1 what exactly did the Court of Appeal and WCAB say about multiple claims or successive injuries being “inextricably intertwined” in determining apportionment of disability under Labor Code section 4663 ? Did the DCA and WCAB actually use the term “inextricably...

California WCAB Panel Decision Opens the Door for LC §4664 Apportionment With Prior C&R

Please note, WCAB panel decisions are not binding precedent, and are not citable in official WCAB proceedings such as petitions for reconsideration. A WCAB panel decision entitled Perez v. Tapia Brothers (ADJ 1291435, FRE 0240430), which issued on May 17, 2010, has further clarified the circumstances...

Can a Risk Factor Become Causative in California?

This article is guaranteed to give you a headache or at least make your head spin. Now, the only risk factor for head spinning I have is a propensity to write these articles when I am bored and I do not want to do real work. So what is causing your headache? Reading this article? Too little sleep last...

California Workers’ Compensation Case Roundup 4/12/2011

Vol. 76 No. 3 March 2010 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 IMPORTANT NOTE: Lexis.com subscribers can link to the cases to read the complete headnotes and summaries...

California Workers' Compensation Case Roundup (7/9/2011)

CALIFORNIA COMPENSATION CASES Vol. 76 No. 6 June 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 2011 LexisNexis. All rights...

Cal. Comp. Cases August Advanced Postings (8/18/2011)

Here’s the third batch of advanced postings for the August 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. City of Santa Clara, PSI, Petitioner v. Workers' Compensation Appeals...