TN: House and Senate Speakers Signs Bill 2928

Nashville, TN (CompNewsNetwork) - On Wednesday, May 12th, 2010, both the speakers of the House and Senate signed Bill 2928. The bill establishes a conclusive presumption that any employee claiming a work related injury on or after July 1, 2010, that results in any time in pain management is at maximum...

CA: Cal Chamber Says Workers' Comp Presumptions Bill Is Job Killer

SACRAMENTO, CA - The California Chamber of Commerce yesterday released its annual list of “job killer” bills, calling attention to 37 bills which would have a negative impact on California’s competitiveness and job climate if they were to become law. One such bill includes AB 1994,...

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...

California Supreme Court Declines Review of Guzman

The California Supreme Court declined the defendant’s petition for review November 10, 2010 in the matter of Milpitas Unified Sch. Dist. v. WCAB (Guzman) (2010) 187 Cal.App.4th 808 [75 CCC 837] [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free...

California Workers' Compensation Cases Roundup 1/12/2011

CALIFORNIA COMPENSATION CASES Vol. 75, No. 12 December 2010 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 Appellate Court Compensation...

Cal. Comp. Cases March Advanced Postings (3/17/2011)

Here’s the third batch of advanced postings for the March 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. City and County of San Francisco, PSI, Petitioner v. Workers' Compensation Appeals Board, Yolanda Smith ...

Five Recent Workers’ Comp Cases You Should Know About (7/1/2011) – Employer Who Knowingly Hires Illegal Alien May Not Oppose Claim Based on Illegal Status

Larson's Spotlight on Illegal Alien, Mesothelioma, Unexplained Death, Average Weekly Wage, and Cab Driver as Independent Contractor. 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 ...

MO: Police Chief Awarded Disability For Wiping Car Window

A police chief who describes acute neck pain after wiping the inside window of his unmarked police car performed "integral" police work under Missouri law. Whiteley v City of Poplar Bluff , No. SD 31287 (Mo. App. Oct. 11, 2011), affirmed an award of medical and PPD benefits from the Commission...

MO: Police Chief Awarded Disability For Wiping Car Window

A police chief who describes acute neck pain after wiping the inside window of his unmarked police car performed "integral" police work under Missouri law. Whiteley v City of Poplar Bluff , No. SD 31287 (Mo. App. Oct. 11, 2011), affirmed an award of medical and PPD benefits from the Commission...

Larson’s Spotlight on Recent Cases: Presumption of Compensability for Court Reporter’s On-the-Job Aneurysm

Larson's Spotlight on Presumption of Compensability, Social Security Offset, Exclusive Remedy and Co-Employee Immunity, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

Absence Makes the Heart Grow Fonder In This Delaware Utilization Review Appeal

So here is the sub-title: IAB Denies Employer's UR Appeal Despite Lack of Testimony from Claimant's Treating Doctor. Pretty catchy, huh? Props this week to claimant attorney Michael Galbraith who flagged for my interest the case du jour. Before I read this case, issued by the Board last week...

Absence Makes the Heart Grow Fonder In This Delaware Utilization Review Appeal

So here is the sub-title: IAB Denies Employer's UR Appeal Despite Lack of Testimony from Claimant's Treating Doctor. Pretty catchy, huh? Props this week to claimant attorney Michael Galbraith who flagged for my interest the case du jour. Before I read this case, issued by the Board last week...

The Bid Day Post….And a Moment of Wonderment as the Delaware IAB Rules That UR - Certified Treatment Is Unreasonable/ Unnecessary

Today is auspicious for two reasons. First it is "Bid Day" at Auburn University. Picture above is my Sweet Caroline (in the white eyelet dress) offering a "bid" to her little sister. And another great Gamma Phi Beta tradition continues....... Talking about traditions, one was...

The Bid Day Post….And a Moment of Wonderment as the Delaware IAB Rules That UR - Certified Treatment Is Unreasonable/ Unnecessary

Today is auspicious for two reasons. First it is "Bid Day" at Auburn University. Picture above is my Sweet Caroline (in the white eyelet dress) offering a "bid" to her little sister. And another great Gamma Phi Beta tradition continues....... Talking about traditions, one was...

California: Apportionment, Conclusive Presumptions and Labor Code Section 4662 (Part 1 of 2)

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Editor’s Note: The following is Part One of a two-part article. Are there any circumstances under which apportionment will reduce a 100% PD finding under LC § 4662 [ 4662 ]? In...

California: Apportionment, Conclusive Presumptions and Labor Code Section 4662 (Part 2 of 2)

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Editor’s Note: The following is Part Two of a two-part article. Part One can be read here . Cases Where Apportionment Is Not Applicable to LC § 4662 Cases: In the writ denied...

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...