Workers' Compensation

Recent Posts

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

California Workers' Compensation Cases Roundup 1/12/2011
Posted on 15 Jan 2011 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 75, No. 12 December 2010 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... 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

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reversing a W.C.A.B. opinion on apportionment and then ordering publication after the decision was initially ordered unpublished...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: 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

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

California: Can a Psychiatric Injury Be Filed “Post-Termination” Where the Employee First Becomes Aware of Her Injury After Her Termination?
Posted on 9 Jan 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

It may not be well known, but both Labor Code Section 3600 (a)(10) and Labor Code Section 3208.3 (e)(5) contain provisions that exempt their application to those claims where the date of injury is determined in accordance with Labor Code Section 5412... Read More

California: Notice of Intention to Consolidate Durable Medical Equipment Withdrawn
Posted on 16 Dec 2010 by Goldman, Magdalin & Krikes, LLP

Further Hearing on Consolidation of Durable Medical Equipment Lien Claims Has Resulted in Withdrawal of the Notice of Intention to Consolidate On December 13, 2010 Los Angeles WCAB Presiding Judge Jorja Frank, along with Associate Chief Judge Mark... Read More

NCCI-Mandated Assigned Risk Policy Plain Language Upheld: Cal. Comp. Cases January Advanced Postings (1/18/2012)
Posted on 18 Jan 2012 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. FEATURED CASE: NCCI-MANDATED ASSIGNED RISK POLICY PLAIN LANGUAGE UPHELD Lexis.com subscribers can link to the case to read the complete summary. ... Read More

Judge Properly Excluded Testimony of Undisclosed Witnesses at Trial: Cal. Comp. Cases April Advanced Postings (4/18/2012)
Posted on 18 Apr 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the April 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

California: Zombie Liens and Statute of Limitations
Posted on 20 Jul 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

FREE ENEWSLETTER; SIGN UP TODAY HERE Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Liens; Medical; Statute of Limitations. WCAB affirmed WCJ’s order disallowing... Read More

Cal. Comp. Cases April Advanced Postings (4/6/2011)
Posted on 6 Apr 2011 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the April 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. County of Los Angeles, PSI, adjusted by Tristar Irvine, Petitioner... Read More