California: Court Rules Labor Code Section 3208.3 Burden of Proof Falls on Applicant

The Second District Court of Appeals has reversed a W.C.A.B. award of psychiatric injury for an employee with less than 6 months employment and in doing so has provided valuable additional guidance on the criterion for meeting the statutory exception to the 6 month limitation on such injuries and the...

No Permanent Total Disability Found Based on AME and VR Expert Opinions: Cal. Comp. Cases April Advanced Postings (3/29/2012)

Here’s the first batch of advanced postings for the April 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Beverly Binstock, Petitioner v. Workers' Compensation...

Permanent Total Disability Found "In Accordance With the Fact": Cal. Comp. Cases April Advanced Postings (4/5/2012)

Here’s the second batch of advanced postings for the April 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries . © Copyright 2012 LexisNexis. All rights reserved. American Safety Insurance Company, insurer for San Benito...

WCAB Enforces Rehabilitation Unit Determination That Became Final: Cal. Comp. Cases April Advanced Postings (4/12/2012)

Here’s the third batch of advanced postings for the April 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes. © Copyright 2012 LexisNexis. All rights reserved. Risk Enterprise Management, administrator for TIG Insurance Company...

Judge Properly Excluded Testimony of Undisclosed Witnesses at Trial: Cal. Comp. Cases April Advanced Postings (4/18/2012)

Here’s the fourth batch of advanced postings for the April 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Ace American Insurance Company (insurer for Waste Management...

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...

California Workers' Comp Case Roundup (5-4-2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 4 April 2012 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 2012 LexisNexis. All rights reserved...

California Panel QME Process: Is It Time to Admit We Are Dealing With a Monster?

A serious question needs to be asked about whether requiring the use of one Qualified Medical Evaluator (QME) in a workers’ compensation case, as opposed to the use of “battling QME’s”, has reduced litigation or has actually served to increase litigation. No question, at least...

California: How to Prove a LeBoeuf Rebuttal

New Clues on Applying an Ogilvie III Analysis in a DFEC Rebuttal Case In a recent panel decision of Dahl v. Contra Costa County (ADJ1310387) issued on May 18, 2012, the WCAB commissioners shed some light on how to apply an Ogilvie III analysis in a DFEC rebuttal case. Set forth below is the historical...

Arbitrator of Contribution Proceeding Not Bound by WCJ’s Finding of Injury AOE/COE: Cal. Comp. Cases June Advanced Postings (5/30/12)

Here’s the first batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Los Angeles Unified School District, PSI, administered...

California: Valdez

The wait for a ruling in Valdez is over. The California Court of Appeal, Second District, Division 7 has spoken in Elayne Valdez v. WCAB and Warehouse Demo Services [unpublished] [subsequently certified for publication June 18, 2012]. The Court reversed a WCAB holding that precluded use of reports...

California: Valdez

The wait for a ruling in Valdez is over. The California Court of Appeal, Second District, Division 7 has spoken in Elayne Valdez v. WCAB and Warehouse Demo Services [unpublished] [subsequently certified for publication June 18, 2012]. The Court reversed a WCAB holding that precluded use of reports...

CWCI Estimates Workers’ Comp Spinal Implant Pass-Through Payments Topped $67 Million in 2010

Duplicate payments to hospitals allowed by the California Workers’ Compensation Official Medical Fee Schedule for implantable hardware used in spinal surgery added an average of $20,137 in fees to 3,350 work injury claims in 2010, boosting workers’ compensation medical costs by nearly $67...

Increase in California Average Weekly Wage to Boost 2013 Workers’ Compensation Benefits

California’s State Average Weekly Wage (SAWW) rose more than 5.5% from $1003.55 to $1,059.38 in the 12 months ending March 31, 2012, which according to the California Workers’ Compensation Institute (CWCI), will boost minimum and maximum temporary total disability (TTD) rates for 2013 work...

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition

Lexis.com subscribers can link to the cases cited below. The AMA Guides generally disfavors grip loss as a measurement for rating a whole person impairment (WPI). (See AMA Guides Fifth Edition, page 508.) However, a series of recent WCAB panel decisions indicate that there may be circumstances when...

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition

Lexis.com subscribers can link to the cases cited below. The AMA Guides generally disfavors grip loss as a measurement for rating a whole person impairment (WPI). (See AMA Guides Fifth Edition, page 508.) However, a series of recent WCAB panel decisions indicate that there may be circumstances when...

No Evidence That Applicant’s Skin Cancer Was Insidious Disease Process: Cal. Comp. Cases June Advanced Postings (6/20/12)

Here’s the fourth batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Stephen J. Seavello , Petitioner v. Workers' Compensation...

California: Court Upholds W.C.A.B. Ruling Excluding Medical Legal TD From Labor Code § 4656 Window

The 3rd Appellate District has resolved a one of the issues that has been frequently discussed but almost never raised (at least in my experience) regarding payment of TTD during the period between 4/19/2004 and 12/31/2007 when the first payment of TD triggered a 2 year window for payment of TTD benefits...

California: The Right to Select the Specialty of the Panel QME: Whose Choice Is It Anyways?

Lexis.com subscribers can link to the citations below. Prior to the passage of Senate Bill 899, both sides maintained the right to select their own QME. Inherent in the use of “battling QME’s” was also the right to decide what type of specialist a party would utilize. Where a back...

California: The Right to Select the Specialty of the Panel QME: Whose Choice Is It Anyways?

Lexis.com subscribers can link to the citations below. Prior to the passage of Senate Bill 899, both sides maintained the right to select their own QME. Inherent in the use of “battling QME’s” was also the right to decide what type of specialist a party would utilize. Where a back...

The Rassp Report

The Rassp Report, a law blog Robert G. Rassp, Esq. Author, " Lawyer's Guide to the AMA Guides and California Workers' Compensation ," 2014 © Lexis Nexis/Matthew Bender & Co. Chairman of the Board of Directors, Friends Research Institute: www.friendsresearch.org Read...

EAMS Blogs Reference Page (updated 6/18/2012)

Welcome to the EAMS Blogs Reference Page, which is designed to help you find specific topics, statutes, and regulations referenced in the blogs written by Judge Colleen Casey and Judge Robert Norton. Feedback and comments can be sent to Robin.E.Kobayashi@lexisnexis.com . Table of Contents ■ List...

California Public Sector Work Injury Claim Payments Remain Near 10-Year High

Even with the volume of job injury claims reported by California public self-insured entities hovering near a 10-year low last year, total paid and incurred workers’ compensation claim costs for cities, counties and other public agencies in the state remained near their 10-year highs according...

California: Governor Signs Bill to Protect Temporary Workers

Labor Contracting; Client Liability; Temporary Workers. AB 1897 (Ch. No. __), signed by Governor Brown on Sept. 28, 2014, establishes civil legal responsibility and civil liability of client employers, which obtain workers from third-party labor contractors, for the payment of wages and the failure to...

Federal: California Plaintiff’s IIED Claim Barred by Exclusive Remedy Provisions of State Law

A Federal district court in California granted an employer’s motion for summary judgment on exclusive remedy grounds as to one count of plaintiff’s complaint that alleged an intentional infliction of emotional distress (“IIED”) claim following plaintiff’s termination of...