California 6th District to Take a Stab at PD Rating Issues in Guzman Case

The 6th District Court of Appeal granted defendant's appeal in the Miltipitas Unified School District v W.C.A.B. (Guzman) case today. As I am sure everyone is aware, there are three pending petitions for writ of review in the Almaraz/Guzman and Ogilvie cases. This is the first court to rule on whether...

The AIA’s Positions on Workers’ Compensation Issues— Medical Costs, AMA Guides Sixth Edition, State Funds, and California’s Left Coast Litigation: Taking a Hard Look at the Ball of Confusion

By Karen Yotis, Esq. When Norman Whitfield and Barrett Strong penned “Ball of Confusion (That’s What the World Is Today)”, they could hardly have anticipated that the political anthem the Temptations recorded in 1970 would mirror the state of our country’s workers’ compensation...

Should California Switch to the AMA Guides Sixth Edition?

By Robert G. Rassp, Esq. This is a no holds barred editorial commentary. It is not intended to be neutral but it is intended to be factual. We wrote this article to draw the line in the sand in California in the event there is any effort to impose the use of the AMA Guides 6th Edition on our workers’...

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...

California EAMS: Medical Reports as Evidence

Last fall, we issued a blog discussing Rule 8 CCR §10629 which sets forth the perimeters for filing exhibits in EAMS for trial. The rule requires that all parties create and serve a list of the exhibits they plan to offer as evidence at trial, preferably at the mandatory settlement conference (MSC...

California EAMS: Medical Reports as Evidence

Last fall, we issued a blog discussing Rule 8 CCR §10629 which sets forth the perimeters for filing exhibits in EAMS for trial. The rule requires that all parties create and serve a list of the exhibits they plan to offer as evidence at trial, preferably at the mandatory settlement conference (MSC...

California: What Decisions Rule and When Do They Rule?

In last month’s blog, we set forth a chronology of the significant case law on permanent disability determinations. The list has been updated and set forth again below: Chronology of Significant PD Rating Cases: 12.7.06 Costa v. Hardy Diagnostic, (Costa I) (2006) 71 CCC...

California: What Decisions Rule and When Do They Rule?

In last month’s blog, we set forth a chronology of the significant case law on permanent disability determinations. The list has been updated and set forth again below: Chronology of Significant PD Rating Cases: 12.7.06 Costa v. Hardy Diagnostic, (Costa I) (2006...

California: By the Numbers

What was the impact of the adoption of an AMA-based permanent disability rating schedule in California? That was the question addressed in a significant new study by Frank Neuhauser, Executive Director of the UC Berkeley based Center for the Study of Social Insurance. My last post briefly covered...