Workers' Compensation

Recent Posts

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

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 3/3/2009)
Posted on 4 Mar 2009 by Robin E. Kobayashi

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy of any of these decisions now, please logon... Read More

Cal. Comp. Cases October Advanced Postings 10/9/2009
Posted on 9 Oct 2009 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the October 2009 issue of California Compensation Cases. Lexis.com subscribers can link to the cases below. Deanna J. Rasmussen, Petitioner v. Workers' Compensation Appeals Board, Vijay K... Read More

Texas: Appeals Panel Decision Review (6/14/2010)
Posted on 14 Jun 2010 by Stuart D. Colburn

APD 091807 ( 2010 TX Wrk. Comp. LEXIS 11 ) Issue: TIBs At the first Contested Case Hearing, the parties stipulated an average weekly wage of $677.38. Further, the parties did not appeal the Hearing Officer’s finding the post injury earnings... Read More

Utilization Review in Delaware: Yikes!! The Return of the Fine and (another) Deadline Blown?
Posted on 19 Jul 2010 by Cassandra Roberts

I am not sure I have all the details nor are they apparent from this recent "Motion Day" Order, but it is pretty clear to me from the ruling in Frederick Tulowitzki v. Property Advisory Services Corp. , IAB # 1334523 (7/1/10) (Order) that we... 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 April Advanced Postings 4/8/2009
Posted on 8 Apr 2009 by California Compensation Cases Staff

The second batch of advanced postings for the upcoming April 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber... Read More

Texas Adventures in Ad Hoc Rulemaking: State Office of Risk Management v. Lawton
Posted on 18 Jan 2010 by James M. Loughlin

As Albert Einstein once famously said, “The definition of insanity is doing the same thing over and over again and expecting different results." On August 28, 2009, the Texas Supreme Court issued its opinion in State Office of Risk Management... Read More

When Does 2 + 2 = 2? The New Math of SB 899 for Temporary Disability
Posted on 13 Jun 2008 by Jesse N. Rosen

Liability for temporary disability (TD) was severely limited by SB 899. Prior to SB 899, TD was payable until an applicant was either declared permanent and stationary (P&S) or had returned to work if not P&S. It wasn't unusual for an applicant... 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

Cal. Comp. Cases June Advanced Postings (6/23/2010)
Posted on 23 Jun 2010 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the June 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below. Randall Neitzke, Petitioner v. Workers' Compensation Appeals Board, County of Los Angeles, PSI, Respondents... Read More

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 6/23/2009)
Posted on 23 Jun 2009 by Robin E. Kobayashi

Here are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon to your web center account and post a comment to this blog with your request... Read More

CA WCAB Panel Relies on Pre-2005 Medical Records to Apply 1997 Schedule for Permanent Disability
Posted on 18 Jun 2008 by Robin E. Kobayashi

A Calif. WCAB panel has found that, even though the doctor's report by itself didn't constitute substantial evidence to show existence of PD, pre-2005 medical records indicating the existence of PD were sufficient under the Cugini case for application... Read More

Cal. Comp. Cases April Advanced Postings (4/13/2010)
Posted on 13 Apr 2010 by California Compensation Cases Staff

The third batch of advanced postings for the April 2010 issue of Cal. Comp. Cases is now available on lexis.com. Lexis subscribers can link to the case below to read the full summary. Hernan Martinez, Petitioner v. Workers' Compensation Appeals... Read More

California Appeals Court Requires Disparate Treatment to Support Labor Code § 132a Award
Posted on 15 Nov 2009 by Richard M. Jacobsmeyer

The Second District Court of Appeals has reversed a W.C.A.B. award of benefits under Labor Code § 132a holding the W.C.A.B. did not apply the correct standard enunciated by the California Supreme Court in Dept of Rehabilitation v W.C.A.B. (Lauher... Read More