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A New World of Evidence in California

"We have shown the world that the new wave is here, it is present and it is ready to explode." - Ashton Kutcher, The American actor on being the first person to achieve one million followers on Twitter. "I agree completely with my son James when he says 'Internet is like electricity...

California 6th District to Take a Stab at PD Rating Issues in Guzman Case

The 6th District Court of Appeal granted defendant's appeal in the Miltipitas Unified School District v W.C.A.B. (Guzman) case today. As I am sure everyone is aware, there are three pending petitions for writ of review in the Almaraz/Guzman and Ogilvie cases. This is the first court to rule on whether...

California: 1st District Reverses W.C.A.B. in Elliot – Follows W.C.A.B. Holding in Cervantes

The 1st Appellate District has reversed the W.C.A.B. decision in Elliot v W.C.A.B . , agreeing with the subsequently issued en banc decision in Cervantes v. El Aguila Food Products , Inc . (2009) 74 Cal.Comp.Cases 1336 ( Cervantes ) regarding the procedures to be followed in requests for spinal surgery...

Cal. Comp. Cases March Advanced Postings 3/3/2010

The first batch of advanced postings for the upcoming March 2010 issue of California Compensation Cases is now available on Lexis. This is a WCAB Decision Denied Judicial Review (aka "writ denied"). If you're a lexis.com subscriber, you can link to the case to read the full summary. ...

California Workers' Compensation Cases Roundup 3/10/2010

The February 2010 issue of Cal. Comp. Cases is now available on lexis.com. Lexis subscribers can link to the cases below. California Compensation Cases, Vol. 75 No. 2, February 2010 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest,...

Discoverable Witness Statements in California

In a March 4, 2010 published opinion by California's Fifth Appellate Court District, plaintiffs in a wrongful death case were granted discovery of witness statements taken by investigators employed by Defendant State of California, who were acting on the direction of defense counsel. The defense...

Cal. Comp. Cases March Advanced Postings 3/9/2010

Here's the second batch of advanced postings for the March 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the full summaries. City of Los Angeles, PSI, administered by Tristar Risk Management, Petitioner v. Workers' Compensation Appeals Board, Randy Canister...

Importance of Engaging in Interactive Process Emphasized by Recent Trial Court Verdicts

A recent $1.5 million jury verdict in a Northern California Federal Court, applying the California Fair Employment and Housing Act to a Tennessee Corporation doing business in California, found that the Defendant retailer had failed to engage in the interactive process required by FEHA. The interactive...

CALIFORNIA TOP CASES, powered by California Compensation Cases (updated 7/31/2010)

If you're a lexis.com subscriber, click on the links to access cases within your subscription plan. Note that expert commentary articles can be accessed for an additional fee on lexis.com . If you're not a lexis.com subscriber, please contact Customer Support for information about subscription...

CALIFORNIA TOP CASES, powered by California Compensation Cases (updated 7/31/2010)

If you're a lexis.com subscriber, click on the links to access cases within your subscription plan. Note that expert commentary articles can be accessed for an additional fee on lexis.com . If you're not a lexis.com subscriber, please contact Customer Support for information about subscription...

Comfortably Numb: The Impact of Prescription Pain Medications on the Proper Determination of Permanent Disability

It may be an unfortunate reality but narcotics are a common aspect of medical treatment within the workers’ compensation system. As pain is an extremely individual experience, it is difficult if not impossible to assess whether the medications prescribed are excessive, inadequate or appropriate...