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CA: Hertz Corp. v. WCAB (Aguilar) Unpublished After Supreme Court Dismissed Applicant’s Petition for Review

On May 20, 2010, the California Supreme Court dismissed applicant's Petition for Review in Hertz Corporation v. W.C.A.B. (Aguilar) (2008) 73 Cal. Comp. Cases 1653 , where the Sixth District Court of Appeal held that the employer was not liable for increased permanent disability benefits when applicant's...

California Appellate Court Clarifies Vocational Rehabilitation Appeal Rights

The Second District Court of Appeal published a decision yesterday that advances our understanding of the impact of the repeal of Labor Code § 139.5 (vocational rehabilitation) effective 1/1/09 on cases pending on appeal. The Court, while upholding the principles in prior cases on this issue (citing...

MD: DWC Clarifies Voc. Rehab Procedures

Baltimore, MD (CompNewsNetwork) - In order to clarify the regulations and procedures recently promulgated regarding vocational rehabilitation procedures and the use of the VR-04 (Vocational Rehabilitation Dispute), VR-05 (Disputed Provider/Practitioner Selection form) and VR-06 (Agreement on the Propriety...

Maryland Workers' Compensation Commission Vocational Rehabilitation New Regulations

I. INTRODUCTION. Effective April 19, 2010, the Maryland Workers' Compensation Commission has issued new regulations pertaining to how vocational rehabilitation is to be conducted. These new regulations have been applicable since that date. The initial change was that COMAR 14.09.01.20 , which...

NE: WCC Posts Results Of Voc Rehab Meeting

Lincoln, NE (CompNewsNetwork) - The next informal meeting between court staff and certified vocational rehabilitation service providers is scheduled for Friday, September 17, 2010, at 2:00 pm. This will be a special meeting to continue discussions on how plans for injured workers with limited ability...

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 April Advanced Postings (4/6/2011)

Here’s the second batch of advanced postings for the April 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. County of Los Angeles, PSI, adjusted by Tristar Irvine, Petitioner v. Workers' Compensation Appeals Board...

Vermont Workers' Compensation Update: July to September 2011

DEPARTMENT OF LABOR DECISIONS Rowell v. Northeast Kingdom Community Action , Opinion No. 17-11WC (July 8, 2011). Claimant is not entitled to PTD for his February 2007 back injury under the "odd lot" doctrine. Claimant's medical experts testified that his work injury aggravated...

Vermont Workers' Compensation Update: July to September 2011

DEPARTMENT OF LABOR DECISIONS Rowell v. Northeast Kingdom Community Action , Opinion No. 17-11WC (July 8, 2011). Claimant is not entitled to PTD for his February 2007 back injury under the "odd lot" doctrine. Claimant's medical experts testified that his work injury aggravated a preexisting...

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by...

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by...

Workers' Comp Fraud Blotter (12/1/2011) – Real Housewives of Orange County Wannabe Pleads Guilty To Insurance Fraud Scam

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Dr. Richard Victor on the Workers' Compensation System's Elephant in the Room (Podcast Transcript)

Note: This transcript of the Dr. Victor podcast has been partially edited. Steve Berstler: On this edition, Dr. Richard Victor, Executive Director of the Workers' Compensation Research Institute on the workers’ compensation systems Elephant in the Room. The opinions expressed by guests...

Retroactive Prophylactic Restriction From Very Heavy Work Was Insufficient to Establish Pre-existing Disability: Cal. Comp. Cases February Advanced Postings (2/16/2012)

Here’s the third batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. Dennis Timmons , Petitioner v. Workers' Compensation Appeals Board, California Mens Colony, State Compensation...

California: Obtaining Substantial Evidence From Vocational Rehabilitation Experts in Ogilvie Cases

At a seminar during the recent DWC 19th Annual Educational Conference in Oakland, we heard opinions about interpreting Ogilvie , rating permanent disability, and rebutting the 2005 Permanent Disability Rating Schedule. Although Ogilvie did not give us definitive instructions on how to rate permanent...

California: Obtaining Substantial Evidence From Vocational Rehabilitation Experts in Ogilvie Cases

At a seminar during the recent DWC 19th Annual Educational Conference in Oakland, we heard opinions about interpreting Ogilvie , rating permanent disability, and rebutting the 2005 Permanent Disability Rating Schedule. Although Ogilvie did not give us definitive instructions on how to rate permanent...

WCAB Enforces Rehabilitation Unit Determination That Became Final: Cal. Comp. Cases April Advanced Postings (4/12/2012)

Here’s the third batch of advanced postings for the April 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes. © Copyright 2012 LexisNexis. All rights reserved. Risk Enterprise Management, administrator for TIG Insurance Company...

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...

Louisiana Workers’ Compensation Law Changes 2012

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, djuge@wcdefense.com The following is a summary of the 2012 legislative amendments to the Louisiana Workers’ Compensation Act. The major law changes were at the urging of the business community. The OWC also sponsored...

Louisiana Workers’ Compensation Law Changes 2012

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, djuge@wcdefense.com The following is a summary of the 2012 legislative amendments to the Louisiana Workers’ Compensation Act. The major law changes were at the urging of the business community. The OWC also sponsored...

Applicant Had Vested Right to Vocational Rehabilitation, Statute of Limitations Tolled: Cal. Comp. Cases July Advanced Postings (7/4/2012)

Here’s the second batch of advanced postings for the July 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summary. © Copyright 2012 LexisNexis. All rights reserved. Los Angeles County Parks & Recreation, PSI, c/o Intercare...

California Workers' Comp Case Roundup (12/2/2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 11 Nov. 2012 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 2012 LexisNexis. All rights reserved...

New Study on Why Workers Settle Their Workers’ Comp Claims

By Robin E. Kobayashi, J.D., LexisNexis Legal & Professional Operations, and Thomas P. Kieselbach, Esq., Cousineau McGuire Chartered, Minneapolis, MN The Minnesota Department of Labor & Industry’s (DLI) newly released survey on “ Workers’ Perspectives on Settlements and Hearings...

Ohio: Injured Employee Denied PTD Benefits When She Refused Vocational Rehabilitation Services

An Ohio appellate court held that the state’s Industrial Commission did not abuse its discretion in considering the employee’s refusal to participate in vocational rehabilitation as a factor in denying her request for PTD compensation where the employee failed to justify her non-participation...