MO: Employer Sanctioned Nearly $46,000 for “Starving Out” Claimant

The employer disputed if claimant's accident arose out of and in course of employment when claimant was asked to drive about 45 minutes to help staff another convenience store in Hollister, MO. Claimant lost control of her car resulting in multiple injuries including the need for an ORIF hip. She...

California: Ogilvie Petition to Supreme Court Pending

The lengthy saga in the Ogilvie v W.C.A.B./City & County of San Francisco v W.C.A.B . will continue for at least a while longer as the Defendant in the case, C&CSF has file a Petition for Hearing in the Supreme Court seeking review of the 1st District’s rather confusing decision in its...

California: Ogilvie Petition to Supreme Court Pending

The lengthy saga in the Ogilvie v W.C.A.B./City & County of San Francisco v W.C.A.B . will continue for at least a while longer as the Defendant in the case, C&CSF has file a Petition for Hearing in the Supreme Court seeking review of the 1st District’s rather confusing decision in its...

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by...

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by...

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: 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...

Missouri: Commission Douses ‘Pants on Fire’ Defense

Claimant “routinely exaggerated the nature and extent of his conditions and disabilities, and was less than fully truthful regarding his low back problems,” according to the administrative law judge, but the Commission reversed a denial of benefits and provided claimant PTD benefits in the...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions of dollars in awarded benefits. One issue underlying...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions of dollars in awarded benefits. One issue underlying...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions of dollars in awarded benefits. One issue underlying...

Vocational Expert Failed to Conduct Research or Labor Market Survey: Cal. Comp. Cases December Advanced Postings (11/22/2013)

Here’s the first batch of advanced postings for the December 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Bruce Bates, Petitioner v. Workers'...

Black Mold Aggravates Applicant’s Pre-Existing Asthma: Cal. Comp. Cases February Advanced Postings (2/13/2014)

Here’s the latest batch of advanced postings for the February 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. City of Oakland, PSI, administered...

Inability to Tolerate Sound Did Not Equate to Total Inability to Work Again: Cal. Comp. Cases June Advanced Postings (5/29/2014)

Here’s the first batch of advanced postings for the June 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. Coleman Burke, dba Pride and Joy, Petitioner...

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...

Deposition Procedures Not Required for Vocational Expert Interviews: Cal. Comp. Cases September Advanced Postings (8/29/2014)

Here’s the first batch of advanced postings for September 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. James Fetner, Petitioner v. Workers'...

Applicant Rebuts 16 Percent Scheduled Rating to Obtain Permanent Total Disability: Cal. Comp. Cases December Advanced Postings (12/16/2014)

Here’s the fourth batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Sutter Medical Foundation, PSI, adjusted...