LexisNexis® Legal Newsroom
California: Court Interpreter as Employee, Not Independent Contractor, Due to Employer Control

In Hassan v. County of Los Angeles , 2015 Cal. Wrk. Comp. P.D. LEXIS 18 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 18 (Lexis Advance), a split panel WCAB affirmed the WCJ and held that the applicant, a court interpreter, who suffered industrial injury to multiple body parts, was an employee of the...

CWCI Announces 2015 California Workers’ Comp Case Law Seminar

The California Workers’ Compensation Institute (CWCI) 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 affecting California workers’ compensation, and will cover appropriate negotiation and...

National and State-by-State Workers' Comp News Powered by Larson's (3/9/2015)

Obama’s Budget Proposal Mandates Reporting of Workers Comp Benefits to SSA . ProPublica Comments on OSHA Study of Inequality, Lack of Workplace Safety . The Atlantic: Workers Comp Policy “Doesn’t Really Seem to Involve You Until It Does” . PBS Newshour Interviews Journalists...

Defendant Penalized for Prematurely Taking Credit Against Permanent Disability: Cal. Comp. Cases March Advanced Postings (3/11/2015)

Here’s the third batch of advanced postings for March 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Warner Bros. Studios, Inc., PSI, Petitioner...

California: How Physicians Can Provide the Most Accurate WPI Rating Under the AMA Guides

In Ramirez v. Space Lok, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS 9 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 9 (Lexis Advance), the WCAB rescinded the WCJ’s finding that the applicant, a machine operator, incurred 36 percent permanent disability as a result of a 7/23/2012 industrial injury to...

California Workers’ Comp Case Roundup (3/12/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 2 February 2015 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 2015 LexisNexis. All rights...

California: WCAB Affirms Medical Treatment in the Form of Sleep Number i8 Bed

In Carnes v. Auto Zone, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB affirmed the WCJ’s order that the defendant authorize medical treatment in the form of a Sleep Number i8 bed based on the reporting of the applicant’s treating physician, Eldan Eichbaum, M.D. The parties...

National and State-by-State Workers' Comp News Powered by Larson's (3/16/2015)

WCRI Exec. Director: ProPublica/NPR Articles Don’t Prove Failure of WC System . OWCP Proposes Rule Changes for Longshore Act Electronic Submission of Documents . CA: Adoption of Drug Formulary in Calif. Would Set Trend for Other States . CA: WCIRB and CWCI Ambulatory Surgical Center Study...

Defendant’s Strict Security Regulations Prevented Applicant From Disclosing Information on Work Exposure: Cal. Comp. Cases March Advanced Postings (3/17/2015)

Here’s the fourth batch of advanced postings for March 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Wausau Insurance Company, Petitioner...

California Apportionment: The “How and Why” Standard and Independent Determinations by Specialty

Key Takeaways: 1. The approximate non-industrial apportionment determination in any medical report must meet the “how and why” standard 2. Reporting physicians in different medical specialties must assess and determine apportionment independently (Publisher’s Note: Cases link...

California: Vocational Experts and Apportionment

The Exception to Defendant’s Burden of Proof on Apportionment One of the most frequent issues pending before the WCAB lately has been how to handle apportionment to significant non-industrial causes when the applicant has successfully rebutted the Diminished Future Earning Capacity (DFEC) through...

California Apportionment: Three Separate Injuries Inextricably Intertwined Justified Combined Award

In Dileva v. Northrop Grumman Systems Corp., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB affirmed the WCJ’s joint award of 96 percent permanent disability for the applicant’s three separate injuries to his spine and psyche, without apportionment between the dates of injury pursuant...

National and State-by-State Workers' Comp News Powered by Larson's (3/23/2015)

WCRI Posts Annual Report and Research Review . Workers Sue Instacart (On Demand Grocery), Claim Misclassification . Immigrant Workers in Constant Fear of Deportation When Injured at Work . McDonald’s Employees File 28 Health and Safety Complaints in 19 Cities . ProPublica Responds to...

California Official Medical Fee Schedule: The Death of the Extraordinary Circumstances Exception Post-2004

In what appears to be a case of first impression, the WCAB panel in Jaime Torres Tavera v. T and P Farms, Zenith Insurance Company , 2015 Cal. Wrk. Comp. P.D. LEXIS --, reversed the WCJ’s finding and held instead that the extraordinary circumstances exception to the fee schedule applies only to...

National and State-by-State Workers' Comp News Powered by Larson's (3/30/2015)

ProPublica Examines Benefit Cuts, Medical Review, Preexisting Conditions, Choice of Doctor . ProPublica/NPR Answer Questions About Their Research on Workers Comp Articles . Risk Expert Says High Costs of Workers Comp Due Mainly to Management Problem . Walmart, Lowes, Safeway, Nordstroms &...

Sole Reliance on Applicant’s Lay Testimony on Medical Issue Was Erroneous: Cal. Comp. Cases April Advanced Postings (4/2/2015)

Here are the first and second batches of advanced postings for the April 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Lynda Myers , Petitioner...

California: Self-Procured Medical Marijuana

Are applicants entitled to reimbursement for self-procured medical marijuana both pre- and post-SB 863? In Cockrell v. Farmers Insurance , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel has once again rescinded the WCJ’s finding that the applicant was entitled to reimbursement (as opposed...

California Official Medical Fee Schedule: Another Death of the Extraordinary Circumstances Exception Post-2004

Another WCAB panel finds that the extraordinary circumstances exception in the OMFS has died post-2004 In Garcia v. E Recycling of California, Zurich North America , 2015 Cal. Wrk. Comp. P.D. LEXIS –-, a WCAB panel rescinded the WCJ’s finding that the lien claimant Western Medical Center...

National and State-by-State Workers' Comp News Powered by Larson's (4/6/2015)

NPR Reports on Impact of Employers/Insurer Medical Control in California . House Passes Legislation That Could Increase Medicare Physician Payments . Insurance Regulators Address Ride Sharing Insurance Coverage Gaps . Study Finds 25% Rate of Opioid Misuse, 10% Addiction Rate . Study on Opioid...

California Workers’ Comp Case Roundup (4/6/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 3 March 2015 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 2015 LexisNexis. All rights...

Opinion of Treating Physician Found More Persuasive Than QME’s: Cal. Comp. Cases April Advanced Postings (4/8/2015)

Here’s the third batch of advanced postings for April 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Tina Solano, Petitioner v. Workers'...

The “Uberization” of Jobs: Employee or Independent Contractor?

To not apply the possibly antiquated rules set forth in Borello to the new “share” economy could mean that thousands of new workers in California go without necessary protections The Uber business model could be a sea change in how many of us work and how we think about our jobs—think...

California: Medical Records for Independent Medical Review

Defendant, not applicant, has mandatory obligation to forward all relevant medical records to IMR In Garibay-Jimenez v. Santa Barbara Medical Foundation Clinic , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel rescinded the WCJ’s order denying the applicant’s appeal from an independent...

National and State-by-State Workers' Comp News Powered by Larson's (4/13/2015)

NIOSH Recommends All Workplaces Be Tobacco Free, eCigarette Free . NIOSH Examines High Rate of Carpal Tunnel Syndrome Among Poultry Workers . OSHA Updates Workplace Violence Protections for Healthcare, Social Service Workers . CMS Releases Version 4.6 of MMSEA Section 111 NGHP User Guide . ...

Compound Medications Not Found Reasonable and Necessary Under ACOEM Guidelines, MTUS: Cal. Comp. Cases April Advanced Postings (4/15/2015)

Here’s the fourth batch of advanced postings for April 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Frontline Medical Associates, Inc.,...