Guzman III: "Sifting The Wheat From The Chaff"

By Raymond F. Correio, Senior Associate, Pearlman, Borska & Wax In the wake of the 6th District Court of Appeals Decision in Guzman III issued on August 19, 2010, there has been a veritable "tsunami" of articles and commentary analyzing the Decision and attempting to predict how WCJ...

Supreme Court Denies Review in Guzman Case

The California Supreme Court has declined to review the 6 th District Court of Appeal decision in the Milpitas USD v W.C.A.B. (Guzman) decision rendering that case now final on the issue of a rebuttal to the AMA guideline portion of the AMA guidelines used in describing impairment under the 2005 PDRS...

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...

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...