LexisNexis® Legal Newsroom
National and State-by-State Workers' Comp News Powered by Larson's (2/17/2015)

Doctors, Drug Companies Exploit Loopholes in Physician Dispensing . Gig Workers Seek Labor Protections, Benefits . Zurich 4Q Profit Drops 20 Percent . H.R. 994 Would Improve Workers Compensation for Uranium Mining . Affordable Care Act Raises Stakes for Worker Misclassification . AZ: High...

Defendant’s 39-Day Delay of $49K Settlement Payment Found Unreasonable: Cal. Comp. Cases February Advanced Postings (2/18/2015)

Here’s the fourth batch of advanced postings for February 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Ace American Insurance Company (administered...

In Memoriam: Walter Riley Brophy, Jr.

Walter Riley Brophy, Jr. (Walt) passed away on February 7, 2015, at the age of 90 after a long and distinguished career in the field of workers’ compensation as a lawyer, judge, administrator and mediator. A native Californian, Walt served his country proudly in the United States Navy during...

Standing Up to Workers’ Comp Medical Fraud in California

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. At the recent Division of Workers’ Compensation 22nd Annual Educational Conference...

California: IBR Update and Lien Litigation Status

By David Bryan Leonard, Esq. At the 22nd Annual DWC Educational Conference a terrific panel presented an update on the independent bill review (IBR) process and discussed the status of the constitutional legal challenge to the lien activation fee.[fn1] Of interest, while there appears to be some clarity...

Dubon’s Petition for Writ of Review Denied as Moot: Cal. Comp. Cases February Advanced Postings (2/20/2015)

Here’s the fifth batch of advanced postings for February 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnote and summary. © Copyright 2015 LexisNexis. All rights reserved. Jose Dubon , Petitioner v. Workers'...

National and State-by-State Workers' Comp News Powered by Larson's (2/23/2015)

House Bills Filed Seek End of Federal Prohibition on Marijuana . FDA Issues Draft Documents for Compliance With Laws on Compound Drugs . GENEX White Paper Examines Tipping Points of Routine Workers Comp Claims . WCRI Names New Executive Director and New CEO . NPR Series Examines Plight of...

A is for Apportionment: How It Can Make or Break Your Case

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. It’s been a full decade since the 2004 enactment of SB899 turned California Labor...

PQME Report Successfully Rebutted Duty Belt Presumption: Cal. Comp. Cases March Advanced Postings (2/25/2015)

Here’s the first batch of advanced postings for March 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Abraham Tokier (aka Abraham Tolkier),...

California: No Penalty for Nearly Seven-Month Delay in Providing Dental Services Approved by Utilization Review

In Murphy v. Petsmart, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB rescinded the WCJ’s order awarding a maximum 25 percent penalty under Labor Code § 5814 for the defendant’s delay in providing dental treatment to an applicant cashier who suffered an industrial injury...

National and State-by-State Workers' Comp News Powered by Larson's (3/2/2015)

WCRI Study Updates on Rising Hospital Costs in Workers Compensation . OR WCD Releases Full Report on 2014 WC Premium Rate Ranking . Study on Opioid Tolerance Could Help Pain Patients Stay on Lower Dosages . Study: Risk of Unintentional Overdose Twice as High for Long Acting Opioid Users . ...

No Post-Retirement Period of Disability Found: Cal. Comp. Cases March Advanced Postings (3/3/2015)

Here’s the second batch of advanced postings for March 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Jessie Moore , Petitioner v. Workers'...

California: Court Interpreter as Employee, Not Independent Contractor, Due to Employer Control

In Hassan v. County of Los Angeles , 2015 Cal. Wrk. Comp. P.D. LEXIS 18 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 18 (Lexis Advance), a split panel WCAB affirmed the WCJ and held that the applicant, a court interpreter, who suffered industrial injury to multiple body parts, was an employee of the...

CWCI Announces 2015 California Workers’ Comp Case Law Seminar

The California Workers’ Compensation Institute (CWCI) will conduct a one-day case law seminar in May in both Long Beach and San Francisco. The program will examine how recent trends in decisional law are affecting California workers’ compensation, and will cover appropriate negotiation and...

National and State-by-State Workers' Comp News Powered by Larson's (3/9/2015)

Obama’s Budget Proposal Mandates Reporting of Workers Comp Benefits to SSA . ProPublica Comments on OSHA Study of Inequality, Lack of Workplace Safety . The Atlantic: Workers Comp Policy “Doesn’t Really Seem to Involve You Until It Does” . PBS Newshour Interviews Journalists...

Defendant Penalized for Prematurely Taking Credit Against Permanent Disability: Cal. Comp. Cases March Advanced Postings (3/11/2015)

Here’s the third batch of advanced postings for March 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Warner Bros. Studios, Inc., PSI, Petitioner...

California: How Physicians Can Provide the Most Accurate WPI Rating Under the AMA Guides

In Ramirez v. Space Lok, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS 9 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 9 (Lexis Advance), the WCAB rescinded the WCJ’s finding that the applicant, a machine operator, incurred 36 percent permanent disability as a result of a 7/23/2012 industrial injury to...

California Workers’ Comp Case Roundup (3/12/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 2 February 2015 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 Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2015 LexisNexis. All rights...

California: WCAB Affirms Medical Treatment in the Form of Sleep Number i8 Bed

In Carnes v. Auto Zone, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB affirmed the WCJ’s order that the defendant authorize medical treatment in the form of a Sleep Number i8 bed based on the reporting of the applicant’s treating physician, Eldan Eichbaum, M.D. The parties...

National and State-by-State Workers' Comp News Powered by Larson's (3/16/2015)

WCRI Exec. Director: ProPublica/NPR Articles Don’t Prove Failure of WC System . OWCP Proposes Rule Changes for Longshore Act Electronic Submission of Documents . CA: Adoption of Drug Formulary in Calif. Would Set Trend for Other States . CA: WCIRB and CWCI Ambulatory Surgical Center Study...

Defendant’s Strict Security Regulations Prevented Applicant From Disclosing Information on Work Exposure: Cal. Comp. Cases March Advanced Postings (3/17/2015)

Here’s the fourth batch of advanced postings for March 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Wausau Insurance Company, Petitioner...

California Apportionment: The “How and Why” Standard and Independent Determinations by Specialty

Key Takeaways: 1. The approximate non-industrial apportionment determination in any medical report must meet the “how and why” standard 2. Reporting physicians in different medical specialties must assess and determine apportionment independently (Publisher’s Note: Cases link...

California: Vocational Experts and Apportionment

The Exception to Defendant’s Burden of Proof on Apportionment One of the most frequent issues pending before the WCAB lately has been how to handle apportionment to significant non-industrial causes when the applicant has successfully rebutted the Diminished Future Earning Capacity (DFEC) through...

California Apportionment: Three Separate Injuries Inextricably Intertwined Justified Combined Award

In Dileva v. Northrop Grumman Systems Corp., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB affirmed the WCJ’s joint award of 96 percent permanent disability for the applicant’s three separate injuries to his spine and psyche, without apportionment between the dates of injury pursuant...

National and State-by-State Workers' Comp News Powered by Larson's (3/23/2015)

WCRI Posts Annual Report and Research Review . Workers Sue Instacart (On Demand Grocery), Claim Misclassification . Immigrant Workers in Constant Fear of Deportation When Injured at Work . McDonald’s Employees File 28 Health and Safety Complaints in 19 Cities . ProPublica Responds to...