By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Over the past several decades California has implemented broad legislative...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 9 September 2024 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...
By Thomas A. Robinson, co-author, Larson’s Workers’ Compensation Law Editorial Note: All section references below are to Larson’s Workers’ Compensation Law, unless otherwise indicated...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board One of the most common reasons evaluating physicians flunk the apportionment validity test is due to their...
Position paper presented at CSIMS 2024 by Hon. Robert G. Rassp, Chairman of the Board of Directors, Friends Research Institute (friendsresearch.org) Disclaimers: The opinions expressed in this article...
Here’s the third batch of advanced postings for the October 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 reserved.
Hattie Goings, Petitioner v. Workers' Compensation Appeals Board, Werner Enterprises, Travelers Insurance Company, Respondents, 2013 Cal. Wrk. Comp. LEXIS 158 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 158 (Lexis Advance)
Medical Provider Networks—Independent Contractors—WCAB affirmed WCJ’s finding that applicant, who incurred industrial injury to her cervical spine while self-employed as truck driver and subsequently filed Petition to Reopen her award on grounds of increased disability and need for further medical treatment, was required to transfer her medical care into defendant’s medical provider network, when parties stipulated that…
Sharon Barnes, Petitioner v. Workers' Compensation Appeals Board, John McNeil, D.D.S., State Compensation Insurance Fund, Respondents, 2013 Cal. Wrk. Comp. LEXIS 156 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 156 (Lexis Advance)
Temporary Disability—Permanent and Stationary Status—Substantial Evidence—WCAB, granting reconsideration and modifying WCJ's findings, held that report of defense qualified medical evaluator constituted substantial evidence to support finding that…
Los Angeles Unified School District, PSI, Petitioner v. Workers' Compensation Appeals Board, Levell Smith, Respondents, 2013 Cal. Wrk. Comp. LEXIS 159 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 159 (Lexis Advance)
Permanent Disability—Apportionment—WCAB affirmed WCJ’s determination that applicant/teacher incurred 100 percent permanent disability as result of cumulative trauma industrial injuries to her wrists, neck, shoulders, psyche, and in form of deep vein thrombosis, hypertensive cardiovascular disease, and sleep disorder, after apportionment of 50 percent permanent disability under Labor Code § 4664 for prior stipulated award for neck injury, when WCAB found that …
Rosaicela Alejandre, Petitioner v. Workers' Compensation Appeals Board, Community Action Partnership of San Luis Obispo, Liberty Mutual, Respondents, 2013 Cal. Wrk. Comp. LEXIS 155 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 155 (Lexis Advance)
Petitions for Reconsideration—Time to File—WCAB dismissed petition for reconsideration not timely filed under Labor Code § 5903 and Code of Civil Procedure § 1013, when WCAB found that …
Diane Cecena, Petitioner v. Workers' Compensation Appeals Board, Walt Disney Company, Liberty Mutual Insurance Company, Respondents, 2013 Cal. Wrk. Comp. LEXIS 157 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 157 (Lexis Advance)
Permanent Disability—Rating—Apportionment—WCAB rated applicant as having 90 percent permanent partial disability, after apportionment, for 2/17/2000 industrial injury to multiple body parts (neck, upper back, right shoulder, bruxism, low back, arms, and headaches) incurred while…