Workers' Compensation

Recent Posts

Idaho: Injured Worker’s “Undocumented” Status is Economic Factor to Be Considered in Determining Level of Permanent Disability
Posted on 15 Aug 2018 by Thomas A. Robinson

In a split decision, the Supreme Court of Idaho held that the plain wording of Idaho Code Ann. §§ 72-425 and 72-430 require that all personal and economic circumstances that diminish the ability of the claimant to compete in an open labor market... 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

Pennsylvania: Court OKs Reinstatement of Permanent Benefits for “Pre-Protz” Claimant
Posted on 15 Jun 2018 by Thomas A. Robinson

An injured Pennsylvania worker, whose disability status was modified from permanent to temporary in 2008, based upon a 2006 impairment rating evaluation (IRE), who then exhausted her 500 weeks of partial disability benefits and, within three years of... Read More

Two Injuries Found Inextricably Intertwined: Cal. Comp. Cases Advanced Postings (8/31/2016)
Posted on 1 Sep 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the September 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

California: Apportionment Under Benson: The Long Overdue Demise of “Inextricably Intertwined”
Posted on 23 Jan 2018 by Raymond F. Correio

By Raymond F. Correio, Esq. A number of decisions from the WCAB in 2016 and 2017 indicate a marked shift related to apportionment involving multiple injuries under Labor Code §§ 4663 and 4664 , as reflected in the WCAB’s Benson en banc... Read More

Five Medical Reports Found Insufficient to Trigger Use of 1997 Rating Schedule: Cal. Comp. Cases July Advanced Postings (7/3/2013)
Posted on 5 Jul 2013 by California Compensation Cases Staff

Here are the first and second batches of advanced postings for the July 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis.... Read More

California: The Rules for Determining Permanent Disability Can Often Be Difficult to Predict
Posted on 30 Nov 2017 by LexisNexis Workers' Comp Law Newsroom Staff

Labor Code Section 4660(d) provides that California’s Permanent Disability Rating Schedule (PDRS) shall promote consistency, uniformity and objectivity when it comes to determining an injured worker’s permanent disability. From reading this... Read More

Idaho: Continued Pain Does Not Contradict Finding That Worker Reached Maximum Medical Improvement
Posted on 6 Mar 2015 by Larson's Spotlight

An injured worker’s contention that she still suffered significant pain was not sufficient to contradict the Commission’s finding that the worker had nevertheless reached a point of maximum medical improvement, held an Idaho court. In fact... Read More

Cal. Comp. Cases January Advanced Postings (1/6/2012)
Posted on 6 Jan 2012 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes. Roxanna Ortiz , Petitioner v. Workers' Compensation Appeals Board, One Source, PSI, adjusted... Read More

The Ambiguous Insurer: Cal. Comp. Cases November Advanced Postings (10/27/2011)
Posted on 27 Oct 2011 by California Compensation Cases Staff

Featured Case of the Week: Insurer’s Ambiguous Acts Estopped It From Denying Insurance Coverage to Employer © Copyright 2011 LexisNexis. All rights reserved. Granite State Insurance Company/Chartis (formerly AIG), Petitioner v. Workers'... Read More

Vocational Expert Failed to Conduct Research or Labor Market Survey: Cal. Comp. Cases December Advanced Postings (11/22/2013)
Posted on 23 Nov 2013 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the December 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights... Read More

Alabama: Compensation for Loss of Scheduled Member Exclusive Unless Effects of Injury Interfere With Body’s Efficiency
Posted on 18 Apr 2014 by Larson's Spotlight

Citing an earlier decision by the Supreme Court of Alabama wherein the state high court adopted “the Larson rule” regarding schedule allowances—that if the effects of the loss of the member extend to other parts of the body and interfere... Read More

Applicant’s Impairments Added Rather Than Using Combined Values Chart: Cal. Comp. Cases May Advanced Postings (4/28/2015)
Posted on 29 Apr 2015 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

California: Elements for Rebuttal of a Strict Rating of the AMA Guides
Posted on 25 Sep 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

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... Read More