Workers' Compensation

Recent Posts

Workers' Comp Fraud Blotter (11/10/2011) – Temporary Employment Business Avoided Millions in Taxes and Premiums By Paying Employees Cash Under-the-Table
Posted on 11 Nov 2011 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

Tags: Insurance Fraud , embezzlement , underreported payroll , gunshot , misclassification , double dipping , workers compensation insurance , admissibility , Evidence , workers compensation fraud , tribe

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

Florida: Judge’s Exclusion of Health Care Nurse’s Deposition Was Erroneous
Posted on 27 Feb 2015 by Larson's Spotlight

A decision by a judge of compensation claims to exclude the deposition of a home health care nurse, based on the fact that the claimant’s attorney “was not aware” that the employer planned to offer it into evidence was improper, even... Read More

Tags: exclusion of evidence , Deposition , home health care , late disclosure , Florida workers compensation , attendant care , nurse , Evidence

Application for SIBTF Benefits Barred by Statute of Limitations: Cal. Comp. Cases April Advanced Postings (4/6/2016)
Posted on 6 Apr 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the April 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 rights... Read More

Tags: continuing education , statute of limitations , Apportionment , permanent disability , reconsideration , Subsequent Injuries Benefits Trust Fund , California workers compensation , course of employment , rating , admissibility , medical reports , Evidence , stroke

California: Labor Code Section 4662 and Vocational Experts
Posted on 5 May 2016 by Robert G. Rassp, Esq.

Labor Code Section 4662 was modified by the legislature in AB 1847 in 2014. Contrary to popular belief, it was not amended in SB 863. The older version of Section 4662, adopted in 2007, created the conclusive presumption of permanent total disability... Read More

Tags: vocational rehabilitation , vocational experts , Apportionment , Permanent Total Disability , conclusive presumption , diminished earning capacity , based on the fact , Evidence

Applicant Precluded From Reopening Psychiatric Claim: Cal. Comp. Cases July Advanced Postings (6/29/2016)
Posted on 30 Jun 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the July 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 rights... Read More

Tags: cardiovascular , statute of limitations , presumption , mootness , removal , California workers compensation , police , Psychiatric Claim , medical report , QME , industrial causation , petition to reopen , Evidence

Evaluation and Weighing of Medical Opinion Evidence in Longshore Cases
Posted on 16 Apr 2015 by BRBS Longshore Reporter Staff

By Yelena Zaslavskaya, Senior Attorney for Longshore, Office of Administrative Law Judges, U.S. Department of Labor, Washington, D.C. This paper highlights some of the considerations relevant to the determination of the probative value and relative... Read More

Tags: witness , inference , Medical , AMA Guides , longshore , prima facie , credibility , Evidence , expert

California Workers’ Comp Case Roundup (9/2/2015)
Posted on 2 Sep 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 8 August 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: gainful employment , Apportionment , California workers compensation , Insidious Diseases , license , special employer , utilization review , medical reports , Evidence , insolvency , timely , agreed medical evaluator

Unresolved Lien Claims to Be Heard at Lien Trial Regardless of Whether Lien Was Listed on Declaration of Readiness: Cal. Comp. Cases June Advanced Postings (5/26/2016)
Posted on 26 May 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the June 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 rights... Read More

Tags: lien , medical treatment , due process , California workers compensation , declaration of readiness , causation , on call , Evidence

Split Panel Grants Applicant Another Bite at the PQME Apple: Cal. Comp. Cases September Advanced Postings (9/2/2015)
Posted on 2 Sep 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the September 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All... Read More

Tags: post termination , cumulative , California workers compensation , independent contractors , course of employment , taxicab , Evidence , trauma , PQME

California Workers' Comp Case Roundup (6/14/2014)
Posted on 14 Jun 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 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: Temporary Disability , injury aoe/coe , good cause , Discrimination , judicial review , mesothelioma , permanent disability , California workers compensation , going and coming rule , cost of living adjustments , asbestos , causation , Fair Employment and Housing Act , privilege , utilization review , petition to reopen , Evidence , independent medical review

California EAMS: Medical Reports as Evidence
Posted on 22 Sep 2011 by Colleen Casey

Last fall, we issued a blog discussing Rule 8 CCR §10629 which sets forth the perimeters for filing exhibits in EAMS for trial. The rule requires that all parties create and serve a list of the exhibits they plan to offer as evidence at trial, preferably... Read More

Tags: Almaraz Guzman , trial exhibits , permanent disability , California , AMA Guides , mandatory settlement conference , EAMS , medical reports , Evidence , Ogilvie , Colleen Casey

California: Top 25 Noteworthy Panel Decisions (January-June 2015)
Posted on 24 Jun 2015 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 2015. The list features a number of split-panel decisions, including bonus... Read More

Tags: medical treatment , athlete , insolvent carrier , Apportionment , presumption , permanent disability , liens , AMA Guides , Jurisdiction , California workers compensation , collateral estoppel , causation , home health care , rating , Medical Provider Networks , Qualified Medical Evaluators , utilization review , sexual harassment , Evidence

Tennessee: Appellate Court Overturns Findings That Heat Exhaustion Resulted in Permanent Disability
Posted on 14 Mar 2014 by Larson's Spotlight

Acknowledging that the trial court has substantial discretion in weighing the evidence, including the medical evidence, but noting as well that where all the medical evidence was in the form of deposition, the reviewing court analyzes the evidence without... Read More

Tags: heat exhaustion , Expert testimony , Tennessee workers compensation , Evidence , trier of fact