Workers' Compensation

Recent Posts

California: Employer Representative at Applicant's Deposition
Posted on 25 Aug 2010 by Nigel Scott Baker, Esq.

The WCAB issued an opinion, Padilla v. LAMTA , (6/28/10, ADJ6981165) which dealt with the issue of having an employer representative at the deposition (especially during the portions in which prior medical history was being discussed). If you would like... Read More

California: Discovery of Witness Statements
Posted on 28 Jan 2013 by Mark Kahn

By Mark L. Kahn (Associate Chief Judge, Retired) Arbitrator/Mediator/Attorney - Altman, Lunche & Blitstein A review of the most recent cases on the subject of discovery of witness statements leads to the conclusion that witness statements taken... 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. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved.... Read More

California: Vocational Rehabilitation Experts
Posted on 17 Apr 2012 by Colleen Casey

By Colleen S. Casey Copyright © 2012. All rights reserved. Reprinted with permission. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts.... Read More

California: The PQME Process Runs Amok - A Tragic-Comedy
Posted on 21 Oct 2011 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. This story is true. The names were changed to protect the guilty. This story is a great example of what is wrong with the panel QME process under Labor Code sections 4062.1 and 4062.2. There are many cases where claims administrators... Read More

California EAMS: What Are SPDs?
Posted on 21 Apr 2011 by Colleen Casey

When the WCAB issued “significant panel decision (SPD),” Hernandez v. AMS Staff Leasing, (2011) 76 CCC – on April 11, 2011, many practitioners wondered, “What in the world is a ‘significant panel decision (SPD)’?”... Read More