LexisNexis® Legal Newsroom
CA: Julius Young, Richard Jacobsmeyer Announce New Video Based Website

Partners from two of California’s premier workers’ compensation law firms have combined to provide cutting edge commentary and analysis in a readily accessible format for that industry and interested observers. Boxer and Gerson LLP partner Julius Young, and Shaw, Jacobsmeyer, Crain &...

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: 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: Earnings Includes Employer Provided Living Quarters and Benefit (Labor Code Sec. 4554)

The Court of Appeals, Third Appellate District, has ordered published a recently issued decision on calculation of Temporary Disability benefits where the employee’s earnings include not only salary but also living quarters including utilities but where the living expenses are identified by the...

California: Earnings Includes Employer Provided Living Quarters and Benefit (Labor Code Sec. 4554)

The Court of Appeals, Third Appellate District, has ordered published a recently issued decision on calculation of Temporary Disability benefits where the employee’s earnings include not only salary but also living quarters including utilities but where the living expenses are identified by the...

California: W.C.A.B. Provides Guidance on AME/QME Request Process Timing Issues

If there was ever a question the medical legal process in workers’ compensation has become concerned with tactical minutia rather than dealing with substantive issues in the day to day comp practice, the W.C.A.B.’s en banc opinion in Tsegay Messele v. Pitco Foods, Inc.; California Insurance...

California: W.C.A.B. Provides Guidance on AME/QME Request Process Timing Issues

If there was ever a question the medical legal process in workers’ compensation has become concerned with tactical minutia rather than dealing with substantive issues in the day to day comp practice, the W.C.A.B.’s en banc opinion in Tsegay Messele v. Pitco Foods, Inc.; California Insurance...

California W.C.A.B. Affirms Prior Valdez Decision

When it rains it pours... Having just issued an en banc decision yesterday on QME panel issues, the W.C.A.B. has just issued its 3rd Reconsideration decision in Valdez v Warehouse Demo Services . The original decision issued in April 2011 holding reports obtained by an applicant outside of a validly...

California W.C.A.B. Affirms Prior Valdez Decision

When it rains it pours... Having just issued an en banc decision yesterday on QME panel issues, the W.C.A.B. has just issued its 3rd Reconsideration decision in Valdez v Warehouse Demo Services . The original decision issued in April 2011 holding reports obtained by an applicant outside of a validly...

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: W.C.A.B. Limits Application of Messele Decision

After seeking input on its Notice of Intent to limit application of the Messele decision prospectively, and getting none, the W.C.A.B. has confirmed its decision to limit the application of its holding. The W.C.A.B. has, in a decision which issued yesterday as follows: To cases where a QME panel...

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...

California Court of Appeals Closes Apportionment Loophole

The Court of Appeal has closed what could have ended up being an enormous loophole in Labor Code § 4663 with a decision reversing a W.C.A.B. opinion on apportionment and then ordering publication after the decision was initially ordered unpublished. In State Compensation Insurance Fund v W.C.A.B...

California: Labor Code Section 3208.3(h) Applied to Migraine Headaches

The 4th District Court of Appeal has issued a decision on an issue which has been pending in an unresolved fashion since the early 1990s when Labor Code § 3208.3 was amended to provide that injuries arising from lawful good faith personnel actions. In County of San Bernardino v W.C.A.B. (McCoy)...

CWCI Continues Case Law Series With 2012 Update

The California Workers’ Compensation Institute has announced it 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 reshaping California workers’ compensation, and discuss appropriate negotiation...

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...

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...

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...

California: Court of Appeals Publishes Valdez Reversal Opinion

The Second District Court of Appeal has ordered publication of its decision in Valdez v W.C.A.B . which reversed the W.C.A.B. en banc ruling that medical reports obtained by applicants pursuant to Labor Code § 4605 were not admissible. Thus, the Court of Appeal decision now becomes citable authority...

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: Utilization Review and IMR in SB 863

Medical Treatment Changes Some of the most extensive changes to the Labor Code in SB 863 are intended to tighten up medical control in both Labor Code § 4600 as well as in the Medical Provider Networks. One of the principle methodologies for controlling medical costs in this legislation appears...