Workers' Compensation

Recent Posts

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

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. subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. ... Read More

Comfortably Numb: The Impact of Prescription Pain Medications on the Proper Determination of Permanent Disability
Posted on 19 Jan 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

It may be an unfortunate reality but narcotics are a common aspect of medical treatment within the workers’ compensation system. As pain is an extremely individual experience, it is difficult if not impossible to assess whether the medications prescribed... Read More

How California Handles the WCMSA Process
Posted on 29 Dec 2011 by Robert G. Rassp, Esq.

There is a garden industry that has emerged since 1997 in California of companies who have become “WCMSA specialists”, promoting themselves as experts in developing WCMSA proposals that will pass muster with CMS. Most workers’ compensation... Read More

California WCMSA Case: Did Clinical Need for Medical Treatment Occur Faster Than CMS Process for Approving Medicare Set-Aside?
Posted on 2 Mar 2012 by Jennifer Jordan

By Jennifer C. Jordan, Esq. In California, there is a unique trend compared to the rest of the nation in that the Medicare Set-Aside process is primarily defense driven with less than full disclosure to the Applicants. While not applicable to all employers... Read More

California Workers’ Comp Regulators Announce 2012 User Funding and Assessment Rates
Posted on 3 Dec 2011 by California Workers' Compensation Institute

The California Department of Industrial Relations (DIR) has calculated the 2012 assessments that state law requires workers' compensation insurers to collect from policyholders in order to fund the budget of the state Division of Workers' Compensation... Read More

California Private Self-Insured Claim Frequency Edged Down in 2010, But Average Claim Costs Rose
Posted on 29 Sep 2011 by California Workers' Compensation Institute

Workers’ compensation claim frequency among private self-insured employers in California registered a slight decline last year, but only because the incidence of low cost medical-only claims declined according to a new California Workers’... Read More

No Change in California Workers’ Comp Medical Mileage Rate For 2012 Travel
Posted on 14 Dec 2011 by California Workers' Compensation Institute

The mileage rate that workers’ comp claims administrators pay injured workers for travel related to medical treatment or evaluation of their injuries will remain at 55.5¢ per mile for travel on or after January 1, 2012, regardless of the date... Read More

CWCI Report Documents Increasing Workers’ Comp Losses For California Public Self-Insureds
Posted on 12 Mar 2012 by California Workers' Compensation Institute

A new California Workers’ Compensation Institute analysis of more than 10 years’ worth of data compiled by the California Office of Self-Insurance Plans (OSIP) shows that for the fifth year in a row, increases in the average loss per claim... Read More

Arbitrator Rules For Kansas City Chiefs: Players Must Pursue Workers’ Comp in Missouri, Not California
Posted on 1 Mar 2012 by LexisNexis Workers' Comp Law Newsroom Staff

Former Kansas City Chiefs football players cannot seek California workers' compensation benefits under the rationale that their cumulative injuries occurred in various cities and states. Numerous injured NFL players have filed workers' compensation... Read More

California: Court Rules Labor Code Section 3208.3 Burden of Proof Falls on Applicant
Posted on 29 Mar 2012 by Richard M. Jacobsmeyer

The Second District Court of Appeals has reversed a W.C.A.B. award of psychiatric injury for an employee with less than 6 months employment and in doing so has provided valuable additional guidance on the criterion for meeting the statutory exception... Read More

California: Labor Code Section 3208.3(h) Applied to Migraine Headaches
Posted on 1 Mar 2012 by Richard M. Jacobsmeyer

The 4th District Court of Appeal has issued a decision on an issue which has been pending in an unresolved fashion since the early 1990s when Labor Code § 3208.3 was amended to provide that injuries arising from lawful good faith personnel actions... Read More

CWCI Study Finds California Workers’ Comp Medical Payments Exceed Pre-Reform Levels
Posted on 14 Sep 2011 by California Workers' Compensation Institute

Average amounts paid per claim for treatment, prescriptions and durable medical equipment (DME), medical management and cost containment, and med-legal reports in the California workers' compensation system have grown steadily since 2005, pushing... Read More

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