Workers' Compensation

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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

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

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

Larson’s Spotlight on Recent Cases: Trauma Induced Stroke in Fall From Wheelchair Not Compensable Aggravation of Original Injury
Posted on 6 Apr 2012 by Larson's Spotlight

Larson's Spotlight on Aggravation of Original Injury, Credit for Pension Benefits, and Injuries Related to Medical Treatment . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

Tags: Case Law Developments , auto accident , aggravation of original injury , pension benefits , course of employment , permanent total incapacity benefits , voluntary trip , Credit , medical appointments , subsequent injury , stroke

Compensable Knee Injury Upheld for Soccer Playing Applicant: Cal. Comp. Cases December Advanced Postings (12/12/2012)
Posted on 12 Dec 2012 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the December 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. Ecolab... Read More

Tags: Case Law Developments , injury aoe/coe , soccer , California workers compensation , knee injury , burden of proof

Average Weekly Wage Based on Earnings on Date of Injury, Not Subsequent Decreased Earnings: Cal. Comp. Cases September Advanced Postings (9/21/2012)
Posted on 21 Sep 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the September 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnote and summary. © Copyright 2012 LexisNexis. All rights reserved. State... Read More

Tags: Case Law Developments , average weekly earnings , California workers compensation

Police Officer Injured During Off Duty 5K Race: Cal. Comp. Cases January Advanced Postings (1/9/2013)
Posted on 9 Jan 2013 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the January 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. City... Read More

Tags: Case Law Developments , off duty athletic event , police officers , California workers compensation

Split Panel Finds Independent Contractor Status for Auto Body Repairer: Cal. Comp. Cases October Advanced Postings (9/26/2012)
Posted on 26 Sep 2012 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the October 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnote and summary . © Copyright 2012 LexisNexis. All rights reserved. Edmond... Read More

Tags: Case Law Developments , independent contractor , employment status , California workers compensation

Larson’s Spotlight on Recent Cases: Injured HVAC Worker Established “Odd Lot” Status
Posted on 9 Mar 2012 by Larson's Spotlight

Larson's Spotlight on Odd Lot, Causation, Farm Laborer, Immunity From Exclusive Remedy . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More

Tags: unemployable , odd lot , Case Law Developments , due process , Permanent Total Disability , exclusive remedy , causation , farm laborer , Larson's Case Law Developments , farm workers , immunity

Applicant Prevails on Exceptions to Post-Termination Claim Defense: Cal. Comp. Cases February Advanced Postings (2/2/2012)
Posted on 2 Feb 2012 by California Compensation Cases Staff

Here’s the first advanced posting for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnote and summary. The Torrance Company, dba The Holiday Inn City Center, PSI, administered... Read More

Tags: Case Law Developments , waiter , California , repetitive trauma industrial injury , California workers compensation , course of employment , spinal injury , Torrance Company v Jesus Constanza , Holiday Inn Center , post-termination claim , Workers Compensation Appeals Board

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. American... Read More

Tags: Case Law Developments , forklift driver , permanent disability , California , Permanent Total Disability , California workers compensation , cost of living adjustment , knee injury , impairment ratings , overinflated tire , serious and willful misconduct

Departure From Strict AMA Guides Rating Justified for Ankle Injury: Cal. Comp. Cases December Advanced Postings (12/24/2012)
Posted on 24 Dec 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the December 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 , AMA Guides & Permanent Impairment , permanent disabililty , California workers compensation , Almaraz Guzman II , strict rating

No Unlawful Age Discrimination Found in 20 Percent Apportionment of Permanent Disability to Other Factors: Cal. Comp. Cases May Advanced Postings (5/25/12)
Posted on 25 May 2012 by California Compensation Cases Staff

Here’s the next batch of advanced postings for the May 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. William... Read More

Tags: Case Law Developments , age discrimination , statute of limitations , degenerative , permanent disability , laches , California workers compensation , writ of review , course of employment , apportionment of disability , petition to reopen

California Workers’ Comp Case Roundup (9/8/2012): Loss of Consortium Claim Barred Under Exclusive Remedy Rule
Posted on 8 Sep 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 8 August 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 , California workers compensation , exclusive remedy rule , loss of consortium

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

Tags: Case Law Developments , WCAB , date of injury , Bertha Chan v Carl Karcher Enterprises , Psychiatric Injuries , California , lay off , California Labor Code , California workers compensation , termination , post-termination claim