California 1st District to Hear Ogilvie Appeals

The 1st Appellate District has granted the Petitions for Writ of Review filed by both applicant and defendant in the Ogilvie case (this hyperlink will take you to the Appellate Court's Docket); requests which had been inactive since January, 2010 and ordered the appeals consolidated for further briefing...

Ogilvie Writ Granted by First Appellate District

The California First District Court of Appeal has granted a Petition for Writ of Review in the matter of Ogilvie v. WCAB and City and County of San Francisco on August 20, 2010. In so doing, they have consolidated the separate petitions for writ of review filed by both the applicant and the City and...

The Original Hoey Displaced Worker: Jewell Hoey Is Still Good Law Here In the First State

Okay, Sean Gambogi of the Kimmel, Carter, Roman & Peltz (did I leave anyone out?) firm, this one's for you. This year marks the 20th anniversary of the case of Jewell Hoey v. Chrysler and for those of you who think of me as a defense attorney.....I represented Jewell Hoey and created the Hoey...

California: Ogilvie Petition to Supreme Court Pending

The lengthy saga in the Ogilvie v W.C.A.B./City & County of San Francisco v W.C.A.B . will continue for at least a while longer as the Defendant in the case, C&CSF has file a Petition for Hearing in the Supreme Court seeking review of the 1st District’s rather confusing decision in its...

California: Ogilvie Petition to Supreme Court Pending

The lengthy saga in the Ogilvie v W.C.A.B./City & County of San Francisco v W.C.A.B . will continue for at least a while longer as the Defendant in the case, C&CSF has file a Petition for Hearing in the Supreme Court seeking review of the 1st District’s rather confusing decision in its...

Trusty Ruddy Does It Again—and a Thanksgiving Salute to Partial Disability in Delaware

You have to love Kris Starr. A former Hearing Officer for the Delaware IAB, Kris set his sights on private practice a few years ago, and with him he brought an encyclopedic understanding of the basics of the work comp law, as well as the intricacies that allow a practitioner to stand out. Kris sent me...

Trusty Ruddy Does It Again—and a Thanksgiving Salute to Partial Disability in Delaware

You have to love Kris Starr. A former Hearing Officer for the Delaware IAB, Kris set his sights on private practice a few years ago, and with him he brought an encyclopedic understanding of the basics of the work comp law, as well as the intricacies that allow a practitioner to stand out. Kris sent me...

California: How to Prove a LeBoeuf Rebuttal

New Clues on Applying an Ogilvie III Analysis in a DFEC Rebuttal Case In a recent panel decision of Dahl v. Contra Costa County (ADJ1310387) issued on May 18, 2012, the WCAB commissioners shed some light on how to apply an Ogilvie III analysis in a DFEC rebuttal case. Set forth below is the historical...

The Unreliable Vocational Expert: Cal. Comp. Cases January Advanced Postings (1/16/2013)

Here’s the third batch of advanced postings for the January 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Guillermo Hernandez, Petitioner v. Workers' Compensation...

The Unreliable Vocational Expert: Cal. Comp. Cases January Advanced Postings (1/16/2013)

Here’s the third batch of advanced postings for the January 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Guillermo Hernandez, Petitioner v. Workers' Compensation...