LexisNexis® Legal Newsroom
CA: Loss of Grip Strength Properly Ratable Under Strict Reading of AMA Guides, Almaraz Doctrine

Joel Medina v. Salinas Valley Memorial Hospital, Acclamation Insurance Management Service Permanent Disability—Rating—AMA Guides —WCAB upheld WCJ ' s finding that AME's report constituted substantial evidence to support inclusion of applicant's grip loss as an impairment...

2010 Year in Review: The Top 10 Workers’ Compensation Events in California

In a totally arbitrary and perhaps capricious, non-parametric, unscientific but somewhat peer reviewed way, here are the top ten workers’ compensation events that occurred in 2010. Can you predict what the top ten workers’ compensation events will be in 2011? Here are 2010’s selections...

California EAMS: Medical Reports as Evidence

Last fall, we issued a blog discussing Rule 8 CCR §10629 which sets forth the perimeters for filing exhibits in EAMS for trial. The rule requires that all parties create and serve a list of the exhibits they plan to offer as evidence at trial, preferably at the mandatory settlement conference (MSC...

California EAMS: Medical Reports as Evidence

Last fall, we issued a blog discussing Rule 8 CCR §10629 which sets forth the perimeters for filing exhibits in EAMS for trial. The rule requires that all parties create and serve a list of the exhibits they plan to offer as evidence at trial, preferably at the mandatory settlement conference (MSC...

California: 25 Noteworthy Panel Decisions That You Should Know About

The following list contains our picks for the top "noteworthy" panel decisions issued by the California Workers' Compensation Appeals Board for 2011. Lexis.com subscribers can link to the panel decisions below. Reminder: Practitioners should check the subsequent history of a panel...

Intoxication Defense Fails Despite "Presumptive Positive" Blood Test: Cal. Comp. Cases December Advanced Postings (12/15/2011)

Featured Case of the Week: Intoxication Defense Fails Despite "Presumptive Positive" Blood Test Beyette's Tree Care, Uninsured, Petitioner v. Workers' Compensation Appeals Board, Bart James Johnson , Respondents , 2011 Cal. Wrk. Comp. LEXIS 187 Injury AOE/COE –Intoxication—WCAB...

California: By the Numbers

What was the impact of the adoption of an AMA-based permanent disability rating schedule in California? That was the question addressed in a significant new study by Frank Neuhauser, Executive Director of the UC Berkeley based Center for the Study of Social Insurance. My last post briefly covered...

Something for Everyone: The AMA Guides and the Central Nervous System

By Robert G. Rassp, Esq. AMA’s Guides to the Evaluation of Permanent Impairment , Fifth Edition, Chapter 13 on the central and peripheral nervous system, is one of the most important chapters in the Guides for our purposes as workers’ compensation attorneys. In most of our workers’...

Something for Everyone: The AMA Guides and the Central Nervous System

By Robert G. Rassp, Esq. AMA’s Guides to the Evaluation of Permanent Impairment , Fifth Edition, Chapter 13 on the central and peripheral nervous system, is one of the most important chapters in the Guides for our purposes as workers’ compensation attorneys. In most of our workers’...

California: Vocational Rehabilitation Experts

By Colleen S. Casey Copyright © 2012. All rights reserved. Reprinted with permission. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts. Parties continually struggle with how to best present...

California: Vocational Rehabilitation Experts

By Colleen S. Casey Copyright © 2012. All rights reserved. Reprinted with permission. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts. Parties continually struggle with how to best present...

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...

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition

Lexis.com subscribers can link to the cases cited below. The AMA Guides generally disfavors grip loss as a measurement for rating a whole person impairment (WPI). (See AMA Guides Fifth Edition, page 508.) However, a series of recent WCAB panel decisions indicate that there may be circumstances when...

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition

Lexis.com subscribers can link to the cases cited below. The AMA Guides generally disfavors grip loss as a measurement for rating a whole person impairment (WPI). (See AMA Guides Fifth Edition, page 508.) However, a series of recent WCAB panel decisions indicate that there may be circumstances when...

Air Ambulance En Banc Decision Denied Writ of Review: Cal. Comp. Cases September Advanced Postings (9/11/2013)

The following are advanced postings for the September 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Zenith Insurance Company, insurer for Couto...

SSA Finding of Disability Used to Apply Conclusive Presumption of Dependency: Cal. Comp. Cases October Advanced Postings (10/4/2013)

Here’s the second batch of advanced postings for the October 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. City and County of San Francisco...

FEHA Settlement Didn’t Preclude TTD Award: Cal. Comp. Cases November Advanced Postings (10/22/2013)

Here’s the first batch of advanced postings for the November 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2013 LexisNexis. All rights reserved. Zurich North America, insurer...

California Workers' Comp Case Roundup (2/9/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 1 January 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...

Employer 90 Percent at Fault for Applicant’s Burn Injuries: Cal. Comp. Cases April Advanced Postings (4/16/2014)

Here’s the fourth batch of advanced postings for the April 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. Illinois Midwest Insurance Agency...

California: Combined Values Chart – Guide or Mandate?

The Combined Values Chart (CVC) is included in the 2005 Permanent Disability Rating Schedule (PDRS) as the tool for parties to use to add impairments. The form of mathematics is a bit odd. Under the CVC, 30 + 20 = 44. And 80 + 30 = 86. Some have wondered if this was part of the new “core curriculum”...

California: Elements for Rebuttal of a Strict Rating of the AMA Guides

One of the primary goals and foundation of the workers’ compensation system is to provide adequate medical treatment for injured workers, enabling them to promptly return to their usual and customary jobs. Hence, it is not unusual for a worker to be injured, receive appropriate medical treatment...

California: Top 25 Noteworthy Panel Decisions (July–December 2014)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2014. You’ll find many helpful cases in this list, including a recent decision on reasonable attorney’s fees ,...

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...

Vermont: Physician’s Use of AMA Guides’ DRE Method—Rather Than ROM Method—for Determining Impairment Did Not Support Reformation of Settlement Agreement

Where settlement in 2002 (via Vermont’s Form 22) of the PPD segment of a workers’ compensation claim was based upon a physician’s use of the AMA Guides’ Diagnosis Related Estimate (“DRE”) and, six years later, two different physicians indicated that it would have been...

California: Top 25 Noteworthy Panel Decisions (January-June 2015)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2015. The list features a number of split-panel decisions, including bonus cases addressing the validity of untimely independent...