CA: CalChamber Says High Court Must Overturn COLA Ruling to Prevent Further Erosion of State's Economy

SACRAMENTO, CA - The California Chamber of Commerce had urged the California Supreme Court to grant review of the Court of Appeal's ruling in Duncan v. WCAB (XYZZX SJO2) concerning the methodology for calculating the impact of inflation cost of living increases on workers' compensation cases...

MD: WCC Posts Cost of Living Adjustment for CY 2011

BALTIMORE, MD - The Maryland WCC has posted the Cost of Living Adjustment (COLA) for Calendar Year 2011: The cost of living adjustment that will become effective on January 1, 2011 is - 0.4% . See MD Compensation Rates for more information Source: Maryland Workers' Compensation Commission

California Attorney’s Fees in a Post-COLA World

Notice of Correction: The date in the first paragraph has been corrected. Labor Code Section 4659(c) mandates that for injuries occurring after January 1, 2003, awards resulting in either a life pension or total permanent disability indemnity shall be increased by an amount equal to the percentage...

California: Supreme Court Decides Start Date for Life Pension COLA Calculations

The California Supreme Court has issued its decision in Baker v W.C.A.B. (XYZZX) (previously Duncan v W.C.A.B.) finally determining the question pending since 1/1/03 with the passage of AB 749 and the amendment to Labor Code § 4659 providing for increases in the payments for life pensions as follows...

California Applicants’ Attorneys Association Reacts to California Supreme Court’s “Baker” Decision on Cost of Living for Disabled Workers

Disability Compensation will not keep pace with inflation The California Supreme Court issued its decision today in Baker v. WCAB, addressing the issue of when the cost of living adjustments (COLA) contained in Labor Code Section 4659(c) are first calculated for payments of permanent total disability...

California: Workers Lose COLA Case

Today the California Supreme Court issued its opinion in the case dealing with the start of COLA calculations for life pension and permanent total disability cases. The case, Baker v. WCAB (formerly known as the Duncan v. WCAB case and before that as the XYZZ case), is a big loss for severely disabled...

California: Supreme Court Declines Rehearing in Baker, Modifies Opinion Without Change in Result

The California Supreme Court has issued its decision denying the Petition for Rehearing filed by applicant in Baker v W.C.A.B. (XYZZX) . The court did make some modifications to its opinion that to some extent addressed the issues raised in applicant attorney’s Petition but to some extent the Court’s...

California: Supreme Court Declines Rehearing in Baker, Modifies Opinion Without Change in Result

The California Supreme Court has issued its decision denying the Petition for Rehearing filed by applicant in Baker v W.C.A.B. (XYZZX) . The court did make some modifications to its opinion that to some extent addressed the issues raised in applicant attorney’s Petition but to some extent the Court’s...

California: Baker Redux

The California Supreme Court has spoken again about COLAs. Call it Baker Redux. In response to a Petition for Rehearing filed by San Jose attorney Arthur Johnson, the California Supreme Court issued a modified opinion that can be found here: Baker v. W.C.A.B. Johnson's Petition for Rehearing...

California: Baker Redux

The California Supreme Court has spoken again about COLAs. Call it Baker Redux. In response to a Petition for Rehearing filed by San Jose attorney Arthur Johnson, the California Supreme Court issued a modified opinion that can be found here: Baker v. W.C.A.B. Johnson's Petition for Rehearing...

Herlick Handbook 31st Edition: Educating the California Workers’ Comp Community Since 1964

LexisNexis Announces New Editors-in-Chief: Richard Jacobsmeyer, Julius Young, Barry Bloom This 31st edition marks a transition in the history of Herlick, California Workers’ Compensation Handbook . Longtime author Stanford D. Herlick passed away in 2010, and the handbook is now co-edited by a...

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...

Rise and Fall of the COLA: How It Affects the Attorney’s Fee in California

Calculation of attorneys’ fees has always been a hot-button issue for the WCAB. When the calculation involves a lifetime award of permanent total disability (PTD) benefits, the issue ratchets up a notch. Lately, several conflicting panel decisions have issued discussing how an attorney’s...

California: Economists Wanted

Lexis.com subscribers can link to the cases and statutes cited below. Since Senate Bill 899 was passed, there has been a great deal of uncertainty surrounding the proper calculation and evaluation of the COLAs provided for under Labor Code Section 4659 (c). In the years immediately following the...

U.S. Dept. of Labor Posts SAWW Information for 2013 COLA Calculations

[ Editor's Note: This blog post has been corrected .] Unfortunately when I initially looked at the Dept of Labor site for this information, the link for last year’s information took me to the 4th quarter, not the first quarter. This resulted in a rather significant understatement of the...

Pepsi or Coke? The Latest on COLA in California

When a workers’ compensation practitioner talks about the appropriate COLA, he is usually not discussing his favorite soft drink! Rather, Labor Code Section 4659 (c) indicates that certain awards of permanent disability shall be increased annually by something called the State Average Weekly Wage...

California: Dept. of Labor Posts SAWW Information for 2014 COLA Calculations

The US Department of Labor has issued its 1st Quarter Unemployment statistics for the State Average Weekly Wages (SAWW) used for calculating statutory increases in Minimum and Maximum TD benefits under Labor Code §4453(a)(10) and also Life Pension Cost of Living Adjustments (COLA) pursuant to Labor...

California Attorney’s Fee Awards in a Shifting Economy: Application of COLA

By Marianne Tancor, J.D. How to calculate and award reasonable attorney’s fees has long been a hotly disputed issue confronting the WCAB. Adding to the fire in cases where attorney’s fees must be calculated on lifetime awards of PTD or life pensions, is the issue of how, in the face of...

COLA stone slab

California: W.C.A.B. Rules on Gap Between TD Ending and PTD Commencing

The W.C.A.B. has issued an en banc decision addressing one of the consequential issues to the two-year limitation on payment of temporary total disability benefits contained in Labor Code § 4656(c). In Brower v. David Jones Construction , the W.C.A.B. has addressed the issue of when permanent total...