Workers Compensation Law

Recent Posts

United States: Tort Action Against Comp Insurer is Barred by Exclusive Remedy Defense
Posted on 17 Aug 2018 by Thomas A. Robinson

A federal district court granted a workers’ compensation insurance company’s motion to dismiss claims contained in a complaint filed against it alleging, inter alia , concealment fraud, negligent interference, and bad faith breach of contract... Read More

California Workers' Comp Case Roundup (8/8/2018)
Posted on 8 Aug 2018 by LexisNexis Workers' Comp Law Newsroom Staff

CALIFORNIA COMPENSATION CASES Vol. 83 No. 7 July 2018 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... Read More

California: Intervention of WCJ When PQME Process Fails
Posted on 26 Jul 2018 by LexisNexis Workers' Comp Law Newsroom Staff

It is difficult to come up with a more controversial not to mention hotly litigated topic in California’s workers’ compensation system than the Panel Qualified Medical Evaluation (PQME) process. Though there is little question that the old... Read More

California: Adding Disabilities Rather than Using the CVC
Posted on 1 Aug 2018 by LexisNexis Workers' Comp Law Newsroom Staff

In a noteworthy panel decision, the WCAB in Taina v. County of Santa Clara/Valley Medical Center , 2018 Cal. Wrk. Comp. P.D. LEXIS --, affirmed the WCJ and held that the WCJ did not err by determining the level of permanent disability caused by applicant’s... Read More

CWCI Examines Prescription Drug UR/IMR Outcomes Under the California Workers’ Comp Formulary
Posted on 26 Jul 2018 by California Workers' Compensation Institute

Oakland, CA – A new California Workers’ Compensation Institute (CWCI) analysis offers a preliminary look at Utilization Review (UR) and Independent Medical Review (IMR) outcomes involving pharmaceutical requests for California injured workers... Read More

California: Genetics – A Non-Industrial Factor?
Posted on 19 Jul 2018 by LexisNexis Workers' Comp Law Newsroom Staff

The analysis of apportionment of disability in the workers’ compensation world changed dramatically after SB899 was enacted in 2004. The changes occurred in ways no one could ever have imagined. Then, in 2017, the 3rd District Court of Appeal (DCA... Read More

California Workers’ Comp IMR Volume & Outcomes Held Steady in Q1 2018
Posted on 18 Jun 2018 by California Workers' Compensation Institute

Data on California workers’ compensation independent medical review (IMR) decisions issued in the first quarter of this year shows that the medical dispute resolution process established as part of the 2012 workers’ comp reforms continues... Read More

California: Application of Benson in Cases Involving Overlapping Body Parts
Posted on 5 Jul 2018 by LexisNexis Workers' Comp Law Newsroom Staff

Recently, a panel of three commissioners with the Workers’ Compensation Appeals Board (WCAB) addressed the “cannot parcel out” exception” outlined in Benson v. Workers’ Comp. Appeals Bd. (2009) 170 Cal. App.4th 1535 , 74... Read More

California Workers' Comp Case Roundup (7/9/2018)
Posted on 9 Jul 2018 by LexisNexis Workers' Comp Law Newsroom Staff

CALIFORNIA COMPENSATION CASES Vol. 83 No. 6 June 2018 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... Read More

California: Top 25 Noteworthy Panel Decisions (January through June 2018)
Posted on 13 Jul 2018 by LexisNexis Workers' Comp Law Newsroom Staff

LexisNexis has selected some of the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2018. The list features a number of split panel decisions, including... Read More

California: Labor Code Section 4660.1 and the Repeal of Diminished Future Earnings Capacity
Posted on 18 Jun 2018 by LexisNexis Workers' Comp Law Newsroom Staff

Recently, a panel of three commissioners with the Workers’ Compensation Appeals Board (WCAB) in Hennessey v. Compass Group , 2018 Cal. Wrk. Comp. P.D. LEXIS --, addressed one of the most important issues arising out of Senate Bill 863 that has not... Read More

California Workers' Comp Case Roundup (8/25/2012): Payments to Attend Medical Evaluation Was Not Payment of Temporary Disability
Posted on 25 Aug 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 7 July 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... Read More

No California Jurisdiction Over Pro-Athlete Entertainer Found: Cal. Comp. Cases Advanced Postings (10/27/2016)
Posted on 24 Oct 2016 by Robin E. Kobayashi

Here’s the latest batch of advanced postings for the November 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All... Read More

The Salas Dilemma -- Full Frontal Assault on Workers’ Rights vs. Equitable Defenses to Illegal Conduct
Posted on 5 Jun 2014 by Karen C. Yotis

You be the judge in this controversial case involving what some call undocumented worker Armageddon Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues... Read More