Workers' Compensation

Recent Posts

California: When to Object to a Treating Physician’s Permanent Disability Determination
Posted on 28 Jun 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases and statutes cited below. California Labor Code Section 4062 provides that if either party objects to a “medical determination” made by the treating physician concerning any medical issues not... Read More

Catching Up on Some Zs in California – Sleep Disorders
Posted on 20 Feb 2012 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. Whole person impairment ratings for sleep disorders in Table 13-4, and the instructions for use on page 317 of the AMA Guides Fifth Edition have created conflicting WCAB panel decisions on whether a sleep disorder can exist... Read More

California: Vocational Rehabilitation Experts
Posted on 17 Apr 2012 by Colleen Casey

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... Read More

Strong Association Exists Between AMA Guides Impairment Ratings and Earnings Losses, But Losses Vary Significantly Across Body Regions
Posted on 11 Feb 2013 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. and Robin E. Kobayashi, J.D. A new major study funded by the California Commission on Health and Safety and Workers’ Compensation (CHSWC) focuses on the AMA Guides Fifth Edition in California but has implications for the... Read More

California: Court of Appeals Publishes Valdez Reversal Opinion
Posted on 21 Jun 2012 by Richard M. Jacobsmeyer

The Second District Court of Appeal has ordered publication of its decision in Valdez v W.C.A.B . which reversed the W.C.A.B. en banc ruling that medical reports obtained by applicants pursuant to Labor Code § 4605 were not admissible. Thus, the... Read More

California: Was That Just a Reverse Almaraz/Guzman That Flew By?
Posted on 5 Jul 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

As a result of the February 3, 2009, en banc decision in Almaraz v. Environmental Recovery Services/Guzman v. Milpitas Unified School District (2009) 74 Cal. Comp. Cases 201 (Appeals Board en banc), the September 3, 2009 decision after reconsideration... Read More

Departure From Strict AMA Guides Rating Justified for Ankle Injury: Cal. Comp. Cases December Advanced Postings (12/24/2012)
Posted on 24 Dec 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the December 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. ... Read More

California: Obtaining Substantial Evidence From Vocational Rehabilitation Experts in Ogilvie Cases
Posted on 9 Mar 2012 by Connie Bastian

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... Read More

Permanent Total Disability Found "In Accordance With the Fact": Cal. Comp. Cases April Advanced Postings (4/5/2012)
Posted on 5 Apr 2012 by California Compensation Cases Staff

Here’s the second 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 and summaries . © Copyright 2012 LexisNexis. All rights reserved. American... Read More