Cal. Comp. Cases October Advanced Postings (10/13/2010)

Here's the third batch of advanced postings for the October 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the full headnotes and summaries. Brunton Enterprises, Inc., SeaBright Insurance Company, Petitioners v. Workers' Compensation Appeals Board...

Between a Rock and a Hard Place: Permanent Total Disability Under California Labor Code Section 4662

By Robert G. Rassp, Esq. Once in a while, the powers that be allow us to be “applicant oriented” in our articles and this is one of them. We try to be neutral in most of our articles and books but sometimes the intoxicating effect of writing gets the most of us. Warning to applicant’s...

California: So You Think You Know Who Has the Burden of Proof on Apportionment?

Prior to Senate Bill 899, the law was clear as to which party had the burden of proof on the apportionment issue. If defendant could not provide substantial evidence that there was either pre-existing PD or a progressive disease process, apportionment could not be found. In other words, it was unequivocally...

No Unlawful Age Discrimination Found in 20 Percent Apportionment of Permanent Disability to Other Factors: Cal. Comp. Cases May Advanced Postings (5/25/12)

Here’s the next batch of advanced postings for the May 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. William Slagle, Petitioner v. Workers' Compensation Appeals...

California: Appellate Court Publishes Opinion Reversed PTD Award Without Apportionment

The Court of Appeal 1st District) has issued an opinion reversing a 100% award for an employee where the Court determined the WCJ and W.C.A.B. ignored substantial evidence of apportionment and remanded the case back to the W.C.A.B. to more fully consider that specific issue. In Acme Steel v W.C.A...

Vocational Expert Failed to Conduct Research or Labor Market Survey: Cal. Comp. Cases December Advanced Postings (11/22/2013)

Here’s the first batch of advanced postings for the December 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Bruce Bates, Petitioner v. Workers'...

Defendant’s Burden to Prove Overlap of Disabilities: Cal. Comp. Cases February Advanced Postings (2/7/2014)

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. New Axia Holding, dba Ames Taping Tools, Arrowood Indemnity Company (formerly known as Royal and Sunalliance), Petitioners v. Workers'...

California: Whose Burden Is It, Anyway?

With all of the changes in the law the last few years, practitioners are finding it more difficult to determine which side has the burden of proof. Once determined, they have a difficult time finding the appropriate evidence needed to meet this burden. Set forth below is a summary of recent Noteworthy...

Deposition Procedures Not Required for Vocational Expert Interviews: Cal. Comp. Cases September Advanced Postings (8/29/2014)

Here’s the first batch of advanced postings for September 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. James Fetner, Petitioner v. Workers'...