Board Panel Opinion Provides a Succinct Explanation By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board The process for...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 4 April 2024 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...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Several months ago, an article in LexisNexis Workers’ Compensation...
By William Tappin, Esq., Law Offices of Tappin & Associates, Sierra Madre, CA There has been a lot of confusion with respect to whether ERISA preempts state laws regarding numerous programs, including...
By Thomas A. Robinson, co-author, Larson’s Workers’ Compensation Law Editorial Note: All section references below are to Larson’s Workers’ Compensation Law, unless otherwise indicated...
Here’s the latest batch of advanced postings for the March 2016 issue of Cal. Comp. Cases.
Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.
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Joe Navarro, Petitioner v. Workers' Compensation Appeals Board, McClarty Farms, State Compensation Insurance Fund, Respondents, lexis.com, Lexis Advance
Permanent Disability—Rating—Permanent Total Disability—WCAB, amending WCJ’s decision, held that applicant tractor foreman suffered 84 percent permanent disability, after apportionment, as result of internal and orthopedic injuries incurred in motor vehicle accident, and concluded that, contrary to applicant’s assertion, opinion of vocational expert did not constitute substantial evidence to support finding of 100 percent permanent disability “in accordance with the fact” under Labor Code § 4662(b) and LeBoeuf v. W.C.A.B. (1983) 34 Cal. 3d 234, 193 Cal. Rptr. 547, 666 P.2d 989, 48 Cal. Comp. Cases 587, when...
Urban Brands, Inc., dba Ashley Stewart, Commerce and Industry Insurance Company, administered by AIG Property Casualty, Petitioners v. Workers' Compensation Appeals Board, Alane Davis, Respondents, lexis.com, Lexis Advance
Temporary Disability—104-Week Limitation—WCAB awarded applicant temporary disability benefits from 7/5/2006 to 9/1/2010 for applicant’s industrial injury from 7/31/2001 to 7/4/2006 to neck, lumbar spine, hips, knees, internal, psyche, and shoulders, based on opinions from orthopedic agreed medical evaluator that applicant had significant flare-up of pain in 7/2006 and did not return to work during disability period, which was from day after applicant’s last day of work to date of maximum medical improvement, when WCAB found that...
Temporary Disability—Penalties—Ten Percent Increase—WCAB held that defendant delayed paying temporary disability and was, therefore, automatically liable…