Workers' Compensation

Recent Posts

New York: Apportionment Awarded In Spite of Claimant's Loss in Earlier SLU Claim
Posted on 26 Jul 2020 by Thomas A. Robinson

Where a New York employer and its carrier successfully argued in a 2013 scheduled loss of use (SLU) claim that any loss of use sustained by claimant had been the result of aging and not the claimed work-related injury, they were not precluded from subsequently... Read More

Tags: Apportionment , New York workers compensation , schedule loss of use

New York: Board Errs in Apportioning Disability to Non-Disabling Multiple Sclerosis
Posted on 12 Oct 2019 by Thomas A. Robinson

New York’s Workers’ Compensation Board inappropriately apportioned 60 percent a claimant’s disability to his non-disabling and undiagnosed multiple sclerosis, held a state appellate court. Stressing that there was no evidence that the... Read More

Tags: Apportionment , New York workers compensation , preexisting condition

Virginia: “Two-Cause” Rule Fails to Aid Worker Who Was Disabled Due to Preex-isting Kidney Disease
Posted on 27 Aug 2019 by Thomas A. Robinson

Quoting Larson’s Workers’ Compensation Law , and reiterating the usual, “two-cause” rule: that where a work-related disability combines with a nonwork-related disability to prevent the injured worker from continuing to work, the... Read More

Tags: Apportionment , causation , preexisting condition

Idiopathic Seizures in a Post-SB 899 World: Cal. Comp. Cases January Advanced Postings (1/13/2012)
Posted on 13 Jan 2012 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. FEATURED CASE: IDIOPATHIC SEIZURES IN A POST-SB 899 WORLD Lexis.com subscribers can link to the case to read the complete summary. Harris Ranch Inn... Read More

Tags: idiopathic fall , Case Law Developments , Discrimination , Apportionment , Permanent Total Disability , California workers compensation , seizure , Harris Ranch Inn v WCAB , psychiatric injury , Evidence , temporary total disability

California: So You Think You Know Who Has the Burden of Proof on Apportionment?
Posted on 2 Feb 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Prior to Senate Bill 899, the law was clear as to which party had the burden of proof on the apportionment issue. If defendant could not provide substantial evidence that there was either pre-existing PD or a progressive disease process, apportionment... Read More

Tags: WCAB , Apportionment , permanent disability , California , California workers compensation , apportionment of disability , industrial injury , causation , burden of proof , causation of injury

Applicant Asserts Marital Privilege to Bar Testimony on Drug Use: Cal. Comp. Cases February Advanced Postings (2/24/2012)
Posted on 24 Feb 2012 by California Compensation Cases Staff

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

Tags: Case Law Developments , Apportionment , California , California workers compensation , independent contractors , testimony , incarceration , Deposition , spousal privilege , drug use , marital privilege

Intoxication Defense Fails Despite "Presumptive Positive" Blood Test: Cal. Comp. Cases December Advanced Postings (12/15/2011)
Posted on 15 Dec 2011 by California Compensation Cases Staff

Featured Case of the Week: Intoxication Defense Fails Despite "Presumptive Positive" Blood Test Beyette's Tree Care, Uninsured, Petitioner v. Workers' Compensation Appeals Board, Bart James Johnson , Respondents , 2011 Cal. Wrk. Comp... Read More

Tags: Case Law Developments , Apportionment , permanent disability , AMA Guides , California workers compensation , Intoxication Defense

Black Mold Aggravates Applicant’s Pre-Existing Asthma: Cal. Comp. Cases February Advanced Postings (2/13/2014)
Posted on 14 Feb 2014 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the February 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All... Read More

Tags: toxic building , insurance coverage , panel qualified medical evaluator , independent contractor , setting aside , stipulations , Apportionment , California workers compensation , black mold , open labor market , vocational expert , asthma

Two Injuries Found Inextricably Intertwined: Cal. Comp. Cases Advanced Postings (8/31/2016)
Posted on 1 Sep 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the September 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All... Read More

Tags: lien claims , Apportionment , Injuries AOE/COE to Psyche , permanent disability , Permanent Total Disability , good faith personnel actions , copy services , registration requirements , Ex Parte Communications , final orders , petitions for reconsideration , medical-legal procedure

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

Tags: Case Law Developments , independent contractor , pretrial conference statement , Apportionment , California , disability retirement , Permanent Total Disability , California workers compensation , undisclosed witness , exclusive remedy , Conflict of interest , psychiatric injury

The Battle Over Reliable Expert Testimony: Florida Courts May Stop Using Daubert, But Not in Workers’ Compensation
Posted on 2 Feb 2016 by Jennifer Jordan

By Jennifer C. Jordan, Esq., General Counsel, MEDVALL, LLC On December 4, 2015, the Florida Bar Board of Governors approved 33-9 the Code and Rules of Evidence Committee’s (CREC) recommendation to use the Frye standard for evaluating expert testimony... Read More

Tags: Apportionment , testimony , expert witness , Frye , Opinion , Florida workers compensation , Daubert

Independent Contractor Required to Transfer Medical Care Into MPN: Cal. Comp. Cases October Advanced Postings (10/10/2013)
Posted on 10 Oct 2013 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the October 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights... Read More

Tags: Temporary Disability , independent contractor , permanent and stationary , Apportionment , permanent disability , California workers compensation , medical provider network

Kentucky Workers’ Compensation Board Opinions for August 2012
Posted on 5 Oct 2012 by Roland Legal PLLC

By Marcus A. Roland, Esq. The Kentucky Workers' Compensation Board rendered 52 decisions for the month of August, 2012. Summaries regarding opinions of note are set forth below. Bush v. Jack Cooper Transport, et al , Claim No. 2007-7362 (August... Read More

Tags: impairment rating , Apportionment , hearing loss , attorney fees , back injury , Marcus Roland , Kentucky workers’ compensation

California: Top 25 Noteworthy Panel Decisions (January-June 2016)
Posted on 29 Jun 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2016. The list features a number of decisions addressing utilization review... Read More

Tags: QME panel , concurrent employment , medical treatment , drug rehabilitation , copying services , employee , Apportionment , costs , liens , AMA Guides , conviction , California workers compensation , felony , exclusive remedy , good faith , rating , Medical Provider Networks , Credit , utilization review , psychiatric injury , ex parte

California Workers’ Comp Case Roundup (4/6/2015)
Posted on 6 Apr 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 3 March 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 ISSUE... Read More

Tags: civil rights , malpractice , special employee , Apportionment , aggravation , California workers compensation , collateral estoppel , burden of proof