Workers' Compensation

Recent Posts

California Insurers Seeking Second Round of Reductions of Medical Bills
Posted on 26 Mar 2010 by Reid L. Steinfeld

Insurance companies in California have been lately seeking a second round of reductions of medical bills for payments they had already reduced several years prior. These requests for reimbursement/restitution are made from payments to medical providers... Read More

Neutral Risk Doctrine Applied to Render Claim Compensable: Cal. Comp. Cases March Advanced Postings (3/14/2012)
Posted on 14 Mar 2012 by California Compensation Cases Staff

Here’s the next batch of advanced postings for the March 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. Kyong... Read More

Cal. Comp. Cases August Advanced Postings (8/18/2011)
Posted on 18 Aug 2011 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the August 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. City of Santa Clara,... Read More

Probation Dept. Counselor Stumbles on Way to Break Up Classroom Fight Between Juvenile Detainees: Cal. Comp. Cases January Advanced Postings (1/26/2012)
Posted on 26 Jan 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes. County of Kern/Kern County Probation Department, PSI, Petitioner v. Workers'... Read More

The Thin Line Between Horseplay and the Initial Physical Aggressor Defense
Posted on 7 Oct 2011 by Calif. WCAB Noteworthy Panel Decisions Reporter

A recent California case with a wild factual scenario provides guidance on the important factual distinctions between horseplay and the initial physical aggressor defense California Labor Code Section 3600 sets forth a number of conditions that must... Read More

Cal. Comp. Cases September Advanced Postings (9/1/2011)
Posted on 1 Sep 2011 by California Compensation Cases Staff

Here's the first batch of advanced postings for the upcoming September issue of California Compensation Cases. Lexis.com subscribers can link to the "writ denied" cases to read the complete headnotes and summaries. Interwoven, Inc., American... Read More

California Court of Appeals Closes Apportionment Loophole
Posted on 2 Dec 2011 by Richard M. Jacobsmeyer

The Court of Appeal has closed what could have ended up being an enormous loophole in Labor Code § 4663 with a decision reversing a W.C.A.B. opinion on apportionment and then ordering publication after the decision was initially ordered unpublished... 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

California: What Decisions Rule and When Do They Rule?
Posted on 11 Oct 2011 by Colleen Casey

In last month’s blog, we set forth a chronology of the significant case law on permanent disability determinations. The list has been updated and set forth again below: Chronology of Significant PD Rating Cases: 12.7.06... Read More

California Workers' Comp Case Roundup (5-4-2012)
Posted on 4 May 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 4 April 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

Apportionment and Fibromyalgia: California Workers' Comp Case Roundup (12/8/2011)
Posted on 8 Dec 2011 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 76 No. 11 November 2011 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 © Copyright... Read More

California EAMS: Proposed Changes to the WCAB Rules of Practice and Procedure - Dealing With Lien Claims
Posted on 25 Aug 2011 by Colleen Casey

Lien claim procedures have always been a hot topic for workers’ compensation practitioners. Back in March, we issued a blog discussing the revisions to lien claim procedures in this new era of EAMS. Several regulations were discussed, including... Read More

CWCI Study Finds California Workers’ Comp Medical Payments Exceed Pre-Reform Levels
Posted on 14 Sep 2011 by California Workers' Compensation Institute

Average amounts paid per claim for treatment, prescriptions and durable medical equipment (DME), medical management and cost containment, and med-legal reports in the California workers' compensation system have grown steadily since 2005, pushing... Read More