CA: Range of Evidence Finding Inappropriate in Applying DRE Determinations Under AMA Guides

Randolph Adair v. Southern California Edison, PSI Permanent Disability—Rating—AMA Guides —WCAB rescinded WCJ ' s finding that applicant/armed nuclear security person’s 1/20/2007 spine, neck and right leg injuries caused 46 percent permanent disability based on "range...

Guzman: New Decision, Old Medical Business

On 8/19/2010, the 6th District Court of Appeal weighed in with a published decision in the case of Milpitas Unified School District v WCAB (Guzman), HO 345853 (official cite not yet available). The case is one half of the oft-cited Almaraz/Guzman cases dealing with whether the AMA Guides must be strictly...

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...

California: 5th District Finally Acts in Almaraz Appeal

The 5th Appellate District, after sitting on the defendant’s appeal for over a year after briefing has been completed, issue a summary denial of the Petition for Writ of Review, thus ending the second prong of the appeal of the combined W.C.A.B. en banc decisions in what has commonly become known...

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...