LexisNexis® Legal Newsroom
Cal. Comp. Cases September Advanced Postings (9/22/2011)

Here’s the fourth batch of advanced postings for the September 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Miguel Flores , Petitioner v. Workers' Compensation Appeals Board...

Cal. Comp. Cases September Advanced Postings (9/22/2011)

Here’s the fourth batch of advanced postings for the September 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Miguel Flores , Petitioner v. Workers' Compensation Appeals Board...

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...

Cal. Comp. Cases October Advanced Postings (9/29/2011)

Here’s the first batch of advanced postings for the October 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Charter Oak Unified School District, PSI, York Insurance Services Group...

Cal. Comp. Cases October Advanced Postings (9/29/2011)

Here’s the first batch of advanced postings for the October 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Charter Oak Unified School District, PSI, York Insurance Services Group...

California: 25 Noteworthy Panel Decisions That You Should Know About

The following list contains our picks for the top "noteworthy" panel decisions issued by the California Workers' Compensation Appeals Board for 2011. Lexis.com subscribers can link to the panel decisions below. Reminder: Practitioners should check the subsequent history of a panel...

Cal. Comp. Cases November Advanced Postings (11/3/2011)

Featured Case of the Week: Airline Pilot's Claim for Injuries Barred by Going and Coming Rule Dann Peter Shubin, Petitioner v. Workers' Compensation Appeals Board, Southwest Airlines, PSI, administered by Cambridge Pasadena, Respondents, 2011 Cal. Wrk. Comp. LEXIS 166 Injury AOE/COE...

Severance Agreement Waiving Workers’ Comp Benefits Not Valid: Cal. Comp. Cases November Advanced Postings (11/10/2011)

Featured Case of the Week: Severance Agreement Waiving Workers' Comp Benefits Not Valid Sompo Japan Insurance Company of America (formerly known as Yasuda Fire & Marine Insurance Company, c/o Broadspire, a Crawford Co.), insurer for Canon Business Solutions, Inc., Petitioner v. Workers'...

California: WCAB Panel Allows Report of Non-Examining Panel QME in Contribution Proceeding

In Chirinos v. Heartwood Cabinet , No. ADJ2087163, the WCAB panel found that the applicant’s failure to submit to a physical examination by the panel QME did not render the panel QME’s reports inadmissible for purposes of this contribution proceeding, and that the Arbitrator did not err in...

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...

Does an Employee Have to Obtain a Comprehensive Medical-Legal Evaluation Prior to Disputing a Utilization Review Determination?

In State Compensation Insurance Fund v. Workers' Comp. Appeals Bd. (Sandhagen) (2008) 44 Cal.4th 230 [73 Cal.Comp.Cases 981] (Sandhagen), the California Supreme Court clarified that an employer did not have the option of going through either UR or the QME process in addressing a treatment request...

Applicant Prevails on Exceptions to Post-Termination Claim Defense: Cal. Comp. Cases February Advanced Postings (2/2/2012)

Here’s the first advanced posting for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnote and summary. The Torrance Company, dba The Holiday Inn City Center, PSI, administered by York Insurance Services Group, Petitioner v. Workers'...

California: A Tribute to Hon. Susan V. Hamilton

Susan V. Hamilton, a Deputy Commissioner of the California Workers’ Compensation Appeals Board (WCAB), retired at the end of 2011. Deputy Commissioner Hamilton had a long, productive and influential career in public service in many roles with the California Department of Industrial Relations, the...

Sierra Chemical v. Salas: Undocumented Worker Case Appealed to SCOTUS

BREAKING NEWS: Sierra Chemical has filed a petition for writ of certiorari in which it "asks SCOTUS to determine whether and to what extent a State law authorizing a 'wrongful failure to hire' discrimination action by a person not legally entitled to work in the United States conflicts with...