Workers' Compensation

Recent Posts

Illinois: “Mailbox Rule” Applies to Appeals From Commission to Circuit Courts
Posted on 17 Aug 2013 by Larson's Spotlight

Reversing a decision of a state appellate court that had vacated the judgment of the circuit court as having been entered without subject matter jurisdiction because the claimant’s action for judicial review had been filed more than 20 days after... Read More

California: Medical Records for Independent Medical Review
Posted on 10 Apr 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Defendant, not applicant, has mandatory obligation to forward all relevant medical records to IMR In Garibay-Jimenez v. Santa Barbara Medical Foundation Clinic , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel rescinded the WCJ’s order denying... Read More

Ohio: “Consent Provision” Regarding Employer-Initiated Appeals is Constitutional
Posted on 29 Sep 2017 by Thomas A. Robinson

The Supreme Court of Ohio, reversing the Eighth District Court of Appeals, held the state’s “consent provision” [see Ohio Rev. Code § 4123.512(D)], which allows an employee to dismiss an employer-initiated appeal only with the consent... Read More

California Workers' Comp Case Roundup (10/2/2015)
Posted on 2 Oct 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 9 September 2015 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... Read More

California: Independent Medical Review Appeals: The Shape of Things to Come
Posted on 16 Aug 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

Workers’ Compensation Judges are starting to see appeals of IMR decisions where the parties are raising very interesting arguments at conferences and trials. We expect to see quite a few noteworthy panel decisions in the coming months outlining... Read More

California Independent Medical Review Appeals: Case of First Impression on Meaning of a “Plainly Erroneous” IMR Determination
Posted on 4 Sep 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In McAtee v. Briggs & Pearson Construction , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s decision denying the applicant’s appeal of an Administrative Director’s independent medical review (IMR) determination... Read More