Workers' Compensation

Recent Posts

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

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

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

California: By the Numbers
Posted on 25 Jan 2012 by Julius Young

What was the impact of the adoption of an AMA-based permanent disability rating schedule in California? That was the question addressed in a significant new study by Frank Neuhauser, Executive Director of the UC Berkeley based Center for the Study of... Read More

California: What Decisions Rule and When Do They Rule?
Posted on 11 Oct 2011 by Colleen Casey

In last month’s blog, we set forth a chronology of the significant case law on permanent disability determinations. The list has been updated and set forth again below: Chronology of Significant PD Rating Cases: 12.7.06 Costa... Read More

The Rassp Report
Posted on 26 Jan 2013 by Robert G. Rassp, Esq.

The Rassp Report, a law blog Robert G. Rassp, Esq. Author, " Lawyer's Guide to the AMA Guides and California Workers' Compensation ," 2015 © Lexis Nexis/Matthew Bender & Co. Chairman of the Board of Directors, Friends... Read More

California: Dahl Reversed, Ability to Be Rehabilitated Key to Rebuttal of PDRS
Posted on 25 Sep 2015 by Richard M. Jacobsmeyer

The First Appellate District has issued its much anticipated decision in Contra Costa County v W.C.A.B. (Dahl) today. The court reversed the W.C.A.B. decision awarding 79% permanent disability in reliance upon vocation testimony holding that the expert... Read More

California: Obtaining Substantial Evidence From Vocational Rehabilitation Experts in Ogilvie Cases
Posted on 9 Mar 2012 by Connie Bastian

At a seminar during the recent DWC 19th Annual Educational Conference in Oakland, we heard opinions about interpreting Ogilvie , rating permanent disability, and rebutting the 2005 Permanent Disability Rating Schedule. Although Ogilvie did not give us... Read More

FREE DOWNLOAD: Cortez v. Fru-Con (Calif. WCAB panel) (Ogilvie analysis)
Posted on 2 Apr 2010 by LexisNexis Workers' Comp Law Newsroom Staff

Joaquin Cortez v. Fru-Con Construction Corporation Permanent Disability—Rating—Diminished Future Earning Capacity—WCAB held that report of vocational expert did not constitute substantial evidence under Ogilivie v. City and County... Read More

FREE DOWNLOAD: Cortez v. Fru-Con (Calif. WCAB panel) (Ogilvie analysis)
Posted on 2 Apr 2010 by LexisNexis Workers' Comp Law Newsroom Staff

Joaquin Cortez v. Fru-Con Construction Corporation Permanent Disability—Rating—Diminished Future Earning Capacity—WCAB held that report of vocational expert did not constitute substantial evidence under Ogilivie v. City and County... Read More

The Ogilvie Burden
Posted on 15 Jun 2010 by Howard Stevens

The Ogilvie opinion held in significant part that the Permanent Disability Rating Schedule (PDRS) is rebuttable and, more specifically, the Diminished Future Earnings Capacity modifier (DFEC) is rebuttable. Thus, an injured worker may be allowed to show... Read More

The AIA’s Positions on Workers’ Compensation Issues— Medical Costs, AMA Guides Sixth Edition, State Funds, and California’s Left Coast Litigation: Taking a Hard Look at the Ball of Confusion
Posted on 8 Jul 2011 by Karen C. Yotis

By Karen Yotis, Esq. When Norman Whitfield and Barrett Strong penned “Ball of Confusion (That’s What the World Is Today)”, they could hardly have anticipated that the political anthem the Temptations recorded in 1970 would mirror... Read More

The Rassp Report
Posted on 15 Dec 2010 by Robert G. Rassp, Esq.

The Rassp Report, a law blog Robert G. Rassp, Esq. Author, " Lawyer's Guide to the AMA Guides and California Workers' Compensation ," 2012 © Lexis Nexis/Matthew Bender & Co. Chairman of the Board of Directors, Friends... Read More

2010 Year in Review: The Top 10 Workers’ Compensation Events in California
Posted on 3 Dec 2010 by Robert G. Rassp, Esq.

In a totally arbitrary and perhaps capricious, non-parametric, unscientific but somewhat peer reviewed way, here are the top ten workers’ compensation events that occurred in 2010. Can you predict what the top ten workers’ compensation events... Read More

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