Workers' Compensation

Recent Posts

California Labor Code Section 139.48 – The Return To Work Fund: What We Know and What We Don’t Know
Posted on 26 Nov 2012 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. DISCLAIMER: This article was written before regulations have been proposed to implement the Return To Work Fund. You are encouraged to pay close attention to all rules and regulations promulgated by the DIR and WCAB to implement... Read More

California: Ogilvie Petition to Supreme Court Pending
Posted on 13 Sep 2011 by Richard M. Jacobsmeyer

The lengthy saga in the Ogilvie v W.C.A.B./City & County of San Francisco v W.C.A.B . will continue for at least a while longer as the Defendant in the case, C&CSF has file a Petition for Hearing in the Supreme Court seeking review of the 1st... Read More

Rebutting the DFEC Adjustment Factor: Ogilvie Revisited: Contra Costa County v. WCAB (Dahl)
Posted on 18 Oct 2015 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. In order to understand Contra Costa County v. Workers’ Comp. Appeals Bd. (Dahl) , 240 Cal.App.4th 746 , 80 Cal. Comp. Cases – [ 240 Cal.App.4th 746 ], it is important to first understand the facts of the case. ... Read More

Vicodin Overdose, "Ogilboeuf", Same Sex Domestic Partner: Cal. Comp. Cases December Advanced Postings (12/22/2013)
Posted on 22 Dec 2013 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the December 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2013 LexisNexis. All... Read More

Business Groups Evaluate California Governor’s 2011 Legislative Performance, Foresee Difficult Times Ahead for State’s Workers’ Comp System
Posted on 28 Oct 2011 by LexisNexis Workers' Comp Law Newsroom Staff

Representatives of two pro-business Sacramento lobbyists expressed great satisfaction with Governor Brown’s 2011 performance in signing and vetoing workers’ compensation bills, but they foresaw difficult times for the state’s workers’... Read More

California: A Radical/Diametrical Change in the Law of Apportionment
Posted on 13 Sep 2013 by Raymond F. Correio

ACME STEEL v. WCAB (BORMAN): ANOTHER PUBLISHED DECISION FROM THE COURT OF APPEAL REMINDING US ONCE AGAIN THAT LABOR CODE §4663 IS A RADICAL/DIAMETRICAL CHANGE IN THE LAW OF APPORTIONMENT . Attention Lexis Online Subscribers: Citations link to... Read More

California: The Limited Use of Vocational Rehabilitation Evidence: The Shape of Things to Come Under Dahl
Posted on 3 Dec 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Mesanovic v. Specialty Termite , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s finding that the applicant carpenter who suffered an industrial injury to his low back and psyche on 7/13/2007 did not rebut the diminished future... 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

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. Parties... Read More

California: Did You Know? There’s More to the Ogilvie Case Than You Think!
Posted on 3 Aug 2011 by Robert G. Rassp, Esq.

On July 29, 2011, the California Court of Appeal, First Appellate District, issued its long awaited decision in Ogilvie v. Workers' Comp. Appeals Bd., which reversed the WCAB en banc decision and remanded the matter back to the WCAB to determine whether... Read More

California Labor Code Section 139.48 – The Return To Work Fund: What We Know and What We Don’t Know
Posted on 26 Nov 2012 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. DISCLAIMER: This article was written before regulations have been proposed to implement the Return To Work Fund. You are encouraged to pay close attention to all rules and regulations promulgated by the DIR and WCAB to implement... Read More

Business Groups Evaluate California Governor’s 2011 Legislative Performance, Foresee Difficult Times Ahead for State’s Workers’ Comp System
Posted on 28 Oct 2011 by LexisNexis Workers' Comp Law Newsroom Staff

Representatives of two pro-business Sacramento lobbyists expressed great satisfaction with Governor Brown’s 2011 performance in signing and vetoing workers’ compensation bills, but they foresaw difficult times for the state’s workers’... Read More

California: Ogilvie Petition to Supreme Court Pending
Posted on 13 Sep 2011 by Richard M. Jacobsmeyer

The lengthy saga in the Ogilvie v W.C.A.B./City & County of San Francisco v W.C.A.B . will continue for at least a while longer as the Defendant in the case, C&CSF has file a Petition for Hearing in the Supreme Court seeking review of the 1st... Read More

California: The Ogilvie DCA Decision: Is Algebra Out and LeBoeuf In?
Posted on 31 Jul 2011 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. On July 29, 2011, the First District Court of Appeal issued its long awaited decision on Wanda Ogilvie vs. WCAB . The decision reverses the WCAB en banc decision and remands the matter back to the WCAB to determine whether... 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