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...

National and State-by-State Workers' Comp News Powered by Larson's (6/2/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Employers Seek Integration of Workers’ Comp, Health, Disability Insurance Benefits Products . Westaff Franchises...

The Salas Dilemma -- Full Frontal Assault on Workers’ Rights vs. Equitable Defenses to Illegal Conduct

You be the judge in this controversial case involving what some call undocumented worker Armageddon Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp...

National and State-by-State Workers' Comp News Powered by Larson's (6/9/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Sixth Circuit: Court Upholds Walgreen’s Termination of Employee for Using Armed Self-Defense . John Hopkins Doctor...

Deputy Sheriff Found 100 Percent Disabled in Dueling Vocational Experts Case: Cal. Comp. Cases June Advanced Postings (6/12/2014)

Here are the second and third batches of advanced postings for the June 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. County of San Mateo, PSI,...

California Workers' Comp Case Roundup (6/14/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 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 2014 LexisNexis. All rights...

Independent Medical Review: A New Wave of Litigation in California

Recent noteworthy panel decisions show that the applicant would be wise to present all relevant medical reports and records, and citations to the MTUS, ACOEM, ODG, or other nationally accepted medical standards to the IMR reviewer, and that when a material mistake of fact occurs during the IMR process...

California: The Range of Evidence Is Alive and Well

One of the most challenging issues for a Workers’ Compensation Judge (WCJ) is to decide how to weigh medical evidence for the most accurate determination. Which physician’s report is the more credible? Which diagnostic tool is the more accurate? Of the voluminous hospital records, which ones...

National and State-by-State Workers' Comp News Powered by Larson's (6/16/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. US DOL Longshore Division Examines Need for First Payment Notification to District Director . Social Security ALJ Defends...

California: Privilege Rules Clarified by Court of Appeal; Update on Stevens v. W.C.A.B.

The Court of Appeal has ordered publication of a decision which confirms the application of Evidence Code 915 to discovery and privilege issues before the W.C.A.B. The Court had initially ordered the decision, Regents v W.C.A.B. (Lappi) , to not be published, but with multiple requests for publication...

California: Constitutional Challenge to Independent Medical Review: Stevens v. W.C.A.B.

This case summary below is reprinted from California Compensation Cases . Lexis.com and Lexis Advance online subscribers receive daily updates for cases and weekly updates for writ denieds. © Copyright 2014 LexisNexis. All rights reserved. Frances Stevens , Petitioner v. Workers' Compensation...

California: A Hint of Things to Come in WCAB's Re-Review of Dubon?

In Garcia-Picen v. Tight Quarters, Inc., the Appeals Board, in a split panel opinion, held that the WCJ incorrectly determined that the defendant’s UR of a treating physician’s request for authorization to provide viscosupplementation injections to treat an applicant’s 3/16/2012 admitted...

National and State-by-State Workers' Comp News Powered by Larson's (6/23/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Federal Judge Appoints Co-Lead Counsel in AIG Workers Comp Policyholder Class Action Suit . Legal Talk Network Discusses...

Sexual Assault by Co-Worker Not Injury AOE/COE: Cal. Comp. Cases June Advanced Postings (6/25/2014)

Here are the fourth batch of advanced postings for June, and first batch of advanced postings for the July 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...

California: Lien Claimants’ Notice of Representation Under SB 863

WCAB seeks to rein in the insanity of ever-changing hearing reps and to maintain respect of the judicial process, but does the new rule raise equal protection arguments? Recent noteworthy panel decisions indicate a trend whereby the WCAB is strictly enforcing new Rule 10774.5 ( reprinted in full below...

California: Lien Disallowed for Surgical Hardware Provided to Pacific Hospital of Long Beach

WCAB disallows lien for surgical hardware based on admitted fraudulent activities of Michael Drobot and adverse inferences drawn against lien claimant including failure to produce documents of its ownership interests, fictitious business name statement and licensure In Olivas v. North American Plywood...

National and State-by-State Workers' Comp News Powered by Larson's (6/30/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. More Doctors Reviewing Injured Worker’s Genetic Makeup When Prescribing Drugs . Mark Walls Joins Safety National...

California WCAB Seeks Candidates for Two Staff Attorney Positions

The Workers’ Compensation Appeals Board, Office of the Commissioners in San Francisco, seeks candidates to fill two full time permanent staff attorney vacancies: Industrial Relations Counsel II $6,347 - $8,141 salary plus benefits Industrial Relations Counsel III $7,682 - $9,857 salary plus...

Sanctions for Skeletal and Frivolous Petitions: Cal. Comp. Cases July Advanced Postings (7/3/2014)

Here’s the second batch of advanced postings for July 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. Martin Reiner, Petitioner v. Workers'...

California: Top 25 Noteworthy Panel Decisions (January-June 2014)

LexisNexis has picked the top 25 noteworthy panel decisions plus a bonus case issued by the California Workers’ Compensation Appeals Board during the period January through June 2014, many of which have not already been reported in our newsletter. We thank our advisory board members for their...

California: Clearing the Hurdles of Home Health Care Under SB 863: Neri Hernandez En Banc

On June 12, 2014, the Workers’ Compensation Appeals Board (WCAB) issued an en banc decision in Roque Neri Hernandez v. Geneva Staffing, Inc. , 79 Cal. Comp. Cases 682, 2014 Cal. Wrk. Comp. LEXIS 77 . At issue in Hernandez were the Labor Code provisions enacted as part of Senate Bill 863 that limit...

California: Undocumented Worker’s Workplace Discrimination Not Barred by Federal Immigration Law

The Supreme Court of California, reversing an earlier decision by a lower appellate court, held that the federal Immigration Reform and Control Act (IRCA) does not generally preempt either the California Fair Employment and Housing Act (FEHA) nor California's Senate Bill No. 1818, which generally...

National and State-by-State Workers' Comp News Powered by Larson's (7/7/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Sixth Circuit Moves Forward ADA Claim by Employee Denied Telework . CDC Reports Opioid Painkiller Prescribing Varies...

Payroll Company Liable for Temp Worker’s Injuries: Cal. Comp. Cases July Advanced Postings (7/10/2014)

Here’s the third batch of advanced postings for July 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. Monarch Consulting, Inc., dba PES Payroll...

California Workers' Comp Case Roundup (7/10/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 6 June 2014 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 2014 LexisNexis. All rights...