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FREE DOWNLOAD: Cortez v. Fru-Con (Calif. WCAB panel) (Ogilvie analysis)

Joaquin Cortez v. Fru-Con Construction Corporation Permanent Disability—Rating—Diminished Future Earning Capacity—WCAB held that report of vocational expert did not constitute substantial evidence under Ogilivie v. City and County of San Francisco (2009) 74 Cal. Comp. Cases 1127...

FREE DOWNLOAD: Cortez v. Fru-Con (Calif. WCAB panel) (Ogilvie analysis)

Joaquin Cortez v. Fru-Con Construction Corporation Permanent Disability—Rating—Diminished Future Earning Capacity—WCAB held that report of vocational expert did not constitute substantial evidence under Ogilivie v. City and County of San Francisco (2009) 74 Cal. Comp. Cases 1127...

CA: WCAB Panel Provides More Guidance on Ogilvie Analysis in Cortez Case

Joaquin Cortez v. Fru-Con Construction Corporation Access the PDF here: http://www.lexisnexis.com/documents/pdf/20100409113816_large.pdf Permanent Disability—Rating—Diminished Future Earning Capacity—WCAB held that report of vocational expert did not constitute substantial...

CA: Adjudication of LC 132a Entitlement to Back Wages as Prerequisite to Determining DFEC

Bruce Mitchell v. City and County of San Francisco, PSI Discrimination--Labor Code § 132a--Diminished Future Earning Capacity--WCAB held that WCJ did not abuse his discretion in deferring issues regarding applicant/police cadet's loss of earnings until after resolution of his Labor Code §...

Cal. Comp. Cases May Advanced Postings (5/11/2011)

Here's the third batch of advanced postings for the May 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. Pasadena Unified School District, PSI, administered by Corvel Corporation, Petitioner v. Workers' Compensation Appeals...

Deposit Premiums: California Workers' Comp Cases Roundup (10/13/2011)

CALIFORNIA COMPENSATION CASES Vol. 76 No. 9 September 2011 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 © Copyright 2011 LexisNexis. All rights reserved. FEATURED CASE...

Deposit Premiums: California Workers' Comp Cases Roundup (10/13/2011)

CALIFORNIA COMPENSATION CASES Vol. 76 No. 9 September 2011 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 © Copyright 2011 LexisNexis. All rights reserved. FEATURED...

California: Paradigm Shift?

The workers' comp community is abuzz with rumors about the impending comprehensive comp reform bill. I've not yet seen the bill (which could still be revised before it is introduced in print in the next week or so). But based on the summary in Workcompcentral.com that ran yesterday, if...

California: Paradigm Shift?

The workers' comp community is abuzz with rumors about the impending comprehensive comp reform bill. I've not yet seen the bill (which could still be revised before it is introduced in print in the next week or so). But based on the summary in Workcompcentral.com that ran yesterday, if the...

Can a Social Security Disability Award Be Admissible in a Workers’ Compensation Case?

By Robert G. Rassp, Esq. © Copyright 2013 LexisNexis. All rights reserved. Excerpts of this article will appear in a future edition of Rassp & Herlick, California Workers' Compensation Law . Attention Lexis Online Subscribers: The cites in this article link to lexis.com. The...

Complex Regional Pain Syndrome as a Central Nervous System Disorder

A case study from California A case handled by this author involved the diagnosis of Complex Regional Pain Syndrome (CRPS) from a lower extremity industrial injury. The WCAB upheld a trial judge’s decision that a WPI rating can exceed the maximum value of an amputation and the medical reporting...

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...