Workers' Compensation

Recent Posts

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 November Advanced Postings (11/2/2010)
Posted on 3 Nov 2010 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the November 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case below to read the complete headnotes and summary. Paul Anfuso v. W.C.A.B., Beverly La Cumbre Convalescent... Read More

California Workers' Compensation Case Roundup (7/9/2011)
Posted on 9 Jul 2011 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 76 No. 6 June 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 CONTENTS OF THIS ISSUE... 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reversing a W.C.A.B. opinion on apportionment and then ordering publication after the decision was initially ordered unpublished...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

Missouri: A "Working" Claimant is Not a Total (sometimes)
Posted on 8 Dec 2011 by Martin Klug

Claimant's capacity to return to work for 1 1/2 years after her back injury defeated her SIF claim that she was permanently and totally disabled. Her duties such as data entry, answering phones or monitoring suicidal patients were considered a ‘real... 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

CWCI Debuts New Score Card Series on California Workers’ Comp Claims Experience by Injury
Posted on 21 Feb 2012 by California Workers' Compensation Institute

The California Workers’ Compensation Institute has launched a new series of research publications, “California Workers’ Compensation Industry Score Cards,” which uses subsets of data from CWCI’s Industry Claims Information... 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 1st District to Hear Ogilvie Appeals
Posted on 24 Aug 2010 by Richard M. Jacobsmeyer

The 1st Appellate District has granted the Petitions for Writ of Review filed by both applicant and defendant in the Ogilvie case (this hyperlink will take you to the Appellate Court's Docket); requests which had been inactive since January, 2010... Read More

California WCAB Issues En Banc Guidelines on Rating Protocols
Posted on 4 Jun 2010 by Richard M. Jacobsmeyer

The W.C.A.B., undoubtedly seeking to provide some order to the process of developing the record on the issue of Permanent Disability Rating in the Almaraz/Guzman II/Ogilvie world has issued an en banc decision providing guidance to the Trial Level judges... Read More

Cal. Comp. Cases May Advanced Postings (5/6/2010)
Posted on 6 May 2010 by California Compensation Cases Staff

Here's the second batch of advanced postings for the May 2010 issue of Cal. Comp. Cases. Lexis.com users can link to the case summaries. Wesley Harvick, Petitioner v. Workers' Compensation Appeals Board, State of California, Department of Corrections... Read More

Something for Everyone: The AMA Guides and the Central Nervous System
Posted on 25 Jan 2012 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. AMA’s Guides to the Evaluation of Permanent Impairment , Fifth Edition, Chapter 13 on the central and peripheral nervous system, is one of the most important chapters in the Guides for our purposes as workers’ compensation... Read More

Cal. Comp. Cases October Advanced Postings (10/13/2010)
Posted on 13 Oct 2010 by California Compensation Cases Staff

Here's the third batch of advanced postings for the October 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the full headnotes and summaries. Brunton Enterprises, Inc., SeaBright Insurance Company, Petitioners... Read More

Permanent Total Disability Found "In Accordance With the Fact": Cal. Comp. Cases April Advanced Postings (4/5/2012)
Posted on 5 Apr 2012 by California Compensation Cases Staff

Here’s the second 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