Workers' Compensation

Recent Posts

Florida: Division’s Payment of Annual COLA Tolls Statute of Limitations
Posted on 19 Dec 2019 by Thomas A. Robinson

Payment of cost-of-living adjustments (COLA) by the Division of Workers’ Compensation are the sort of “compensation” outlined in § 440.15(1)(f), held the Supreme Court of Florida. Accordingly, where an employer inexplicably stopped... Read More

California: Economists Wanted
Posted on 3 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter subscribers can link to the cases and statutes cited below. Since Senate Bill 899 was passed, there has been a great deal of uncertainty surrounding the proper calculation and evaluation of the COLAs provided for under Labor Code Section 4659... Read More

California: Baker Redux
Posted on 20 Oct 2011 by Julius Young

The California Supreme Court has spoken again about COLAs. Call it Baker Redux. In response to a Petition for Rehearing filed by San Jose attorney Arthur Johnson, the California Supreme Court issued a modified opinion that can be found here: Baker... Read More

California: Supreme Court Declines Rehearing in Baker, Modifies Opinion Without Change in Result
Posted on 20 Oct 2011 by Richard M. Jacobsmeyer

The California Supreme Court has issued its decision denying the Petition for Rehearing filed by applicant in Baker v W.C.A.B. (XYZZX) . The court did make some modifications to its opinion that to some extent addressed the issues raised in applicant... Read More

California: Dept. of Labor Posts SAWW Information for 2014 COLA Calculations
Posted on 1 Jun 2013 by Richard M. Jacobsmeyer

The US Department of Labor has issued its 1st Quarter Unemployment statistics for the State Average Weekly Wages (SAWW) used for calculating statutory increases in Minimum and Maximum TD benefits under Labor Code §4453(a)(10) and also Life Pension... Read More

Herlick Handbook 31st Edition: Educating the California Workers’ Comp Community Since 1964
Posted on 28 Nov 2011 by LexisNexis Workers' Comp Law Newsroom Staff

LexisNexis Announces New Editors-in-Chief: Richard Jacobsmeyer, Julius Young, Barry Bloom This 31st edition marks a transition in the history of Herlick, California Workers’ Compensation Handbook . Longtime author Stanford D. Herlick passed away... Read More

U.S. Dept. of Labor Posts SAWW Information for 2013 COLA Calculations
Posted on 7 Jun 2012 by Richard M. Jacobsmeyer

[ Editor's Note: This blog post has been corrected .] Unfortunately when I initially looked at the Dept of Labor site for this information, the link for last year’s information took me to the 4th quarter, not the first quarter. This resulted... Read More

2011 Year in Review: The Top 10 Workers’ Compensation Events in California
Posted on 6 Dec 2011 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. The year 2011 has been noteworthy for many events in our workers’ compensation system and as much for events that did not occur. So this year, we will add a bonus – the Top Five Events In 2011 That Did Not Occur... Read More

Pepsi or Coke? The Latest on COLA in California
Posted on 14 Sep 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

When a workers’ compensation practitioner talks about the appropriate COLA, he is usually not discussing his favorite soft drink! Rather, Labor Code Section 4659 (c) indicates that certain awards of permanent disability shall be increased annually... Read More

Rise and Fall of the COLA: How It Affects the Attorney’s Fee in California
Posted on 28 Feb 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Calculation of attorneys’ fees has always been a hot-button issue for the WCAB. When the calculation involves a lifetime award of permanent total disability (PTD) benefits, the issue ratchets up a notch. Lately, several conflicting panel decisions... Read More

California Attorney’s Fee Awards in a Shifting Economy: Application of COLA
Posted on 24 Jan 2014 by Marianne Tancor

By Marianne Tancor, J.D. How to calculate and award reasonable attorney’s fees has long been a hotly disputed issue confronting the WCAB. Adding to the fire in cases where attorney’s fees must be calculated on lifetime awards of PTD or... Read More

California: W.C.A.B. Rules on Gap Between TD Ending and PTD Commencing
Posted on 23 May 2014 by Richard M. Jacobsmeyer

The W.C.A.B. has issued an en banc decision addressing one of the consequential issues to the two-year limitation on payment of temporary total disability benefits contained in Labor Code § 4656(c). In Brower v. David Jones Construction , the W.C... Read More

California Attorney’s Fees in a Post-COLA World
Posted on 16 Nov 2010 by California Compensation Cases Staff

Notice of Correction: The date in the first paragraph has been corrected. Labor Code Section 4659(c) mandates that for injuries occurring after January 1, 2003, awards resulting in either a life pension or total permanent disability indemnity shall... Read More

California: Supreme Court Decides Start Date for Life Pension COLA Calculations
Posted on 11 Aug 2011 by Richard M. Jacobsmeyer

The California Supreme Court has issued its decision in Baker v W.C.A.B. (XYZZX) (previously Duncan v W.C.A.B.) finally determining the question pending since 1/1/03 with the passage of AB 749 and the amendment to Labor Code § 4659 providing for... Read More