SB 863 and Permanent Disability: A Practitioner's Survival Guide to California Workers' Compensation Reform

HOT OFF THE PRESS! A new LexisNexis Emerging Issues Analysis article…

  Robert G. Rassp on SB 863 and Permanent Disability: A Practitioner's Survival Guide to California Workers' Compensation Reform, 2012 Emerging Issues 6614.

Mr. Rassp, known for his incisive analysis and thought-provoking commentary, tells us what hasn't changed and what has changed under SB 863 with respect to the law on permanent disability, and how it will impact everyone's law practices.

He addresses the following issues under SB 863:

1. What will be the new rating string for a 2013 date of injury or later?
2. What about Sleep Disorders, Sexual Dysfunction and Psychiatric injuries that are consequences of a compensable physical injury?
3. Are we in for a new PDRS with new age and occupation “modifiers”?
4. Can you rebut a WPI rating?
5. Is Ogilvie (Ogilvie vs. WCAB (2011) 197 Cal. App. 4th 1262, 129 Cal. Rptr. 3d 704, 76 Cal. Comp. Cases 624) still alive?
6. What kind of increase in permanent disability payments are there? When are payments of PD made?
7. Is there still the 15% “bump-up” and 15% “bump-down” if the employer does or does not offer regular, modified or alternative work within 60 days of the determination of permanent disability?
8. What about supplemental job displacement benefits?
9. What if there is a disproportionate difference between a permanent disability rating and the injured employee’s loss of earnings as a result of his or her industrial injury?
10. How does a cervical spine DRE IV 28% WPI (Table 15-5, page 392) rate out for a 55-year-old worker for a 2012 injury compared to a 2013 or 2014 injury date, for example?

Bottom Line: Will workers’ comp lawyers still be in business post-SB 863? See what Mr. Rassp has to say about it.

Article length: Approx. 14 pages.

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