Five Recent Cases You Should Know About (9/10/2010)

Larson's Spotlight on Consequential Condition, Date of Injury, Prisoner Employee Status, Obesity, Stumble Found Compensable. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

Roberts v. Director, OWCP, and Sealand Services, Inc.: Ninth Circuit Rules on Maximum Compensation Rates

In November of 2010, the United States Court of Appeals for the Ninth Circuit decided the case of Dana Roberts, Petitioner vs. Director, Office of Workers' Compensation Programs; Sealand Services, Inc. , 625 F.3d 1204, 44 BRBS 73(CRT) (9th Cir. 2010) . Rehearing was denied on February 10, 2011...

California: Can a Psychiatric Injury Be Filed “Post-Termination” Where the Employee First Becomes Aware of Her Injury After Her Termination?

It may not be well known, but both Labor Code Section 3600 (a)(10) and Labor Code Section 3208.3 (e)(5) contain provisions that exempt their application to those claims where the date of injury is determined in accordance with Labor Code Section 5412 . Labor Code Section 3600 (a) states: “...

Strong Association Exists Between AMA Guides Impairment Ratings and Earnings Losses, But Losses Vary Significantly Across Body Regions

By Robert G. Rassp, Esq. and Robin E. Kobayashi, J.D. A new major study funded by the California Commission on Health and Safety and Workers’ Compensation (CHSWC) focuses on the AMA Guides Fifth Edition in California but has implications for the AMA Guides Fourth and Sixth Editions used in other...

California: SB 863 and Benson

By Robert G. Rassp, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Call me weird, obsessed, bored, or deeply disturbed but recently while I was on my almost daily four-mile hike in the hills of Porter Ranch, I was thinking about...