Workers' Compensation

Recent Posts

California: Labor Code §4660.1 Excludes Vocational Rehabilitation Evidence to Rebut the PDRS for Injuries Occurring On or After 1/1/13
Posted on 30 Jan 2018 by Christian Kerry

By: Christian P. Kerry, Esq. Introduction Labor Code §4660.1 (a), by its express terms, applies to all injuries occurring on or after January 1, 2013. It provides in pertinent part that in determining the percentages of permanent partial or... Read More

California: Vocational Rehabilitation Evidence May Be Used to Rebut the PDRS For Post 2012 Injuries
Posted on 30 Jan 2018 by Mark Gearheart

By: Mark Gearheart © Copyright Mark Gearheart 2018 January 8, 2018 Introduction : Recently some have argued that vocational rehabilitation evidence cannot be used to rebut the Permanent Disability Rating Schedule (hereinafter referred... 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: 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: 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: SB 863 and Benson
Posted on 1 Apr 2013 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Call me weird, obsessed, bored, or deeply disturbed but recently while I was on my almost daily four-mile hike in... Read More

California: SB 863 Checklist and Reference Guide
Posted on 19 Oct 2012 by Robert G. Rassp, Esq.

SB 863 CHECKLIST & REFERENCE GUIDE By Robert G. Rassp, Esq. © Copyright 2012 LexisNexis. All rights reserved. This SB 863 Checklist & Reference Guide is excerpted from The Lawyer’s Guide to the AMA Guides and California Workers’... Read More

California: How to Prove a LeBoeuf Rebuttal
Posted on 26 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

New Clues on Applying an Ogilvie III Analysis in a DFEC Rebuttal Case In a recent panel decision of Dahl v. Contra Costa County (ADJ1310387) issued on May 18, 2012, the WCAB commissioners shed some light on how to apply an Ogilvie III analysis in a... 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 1st District to Hear Ogilvie Appeals
Posted on 24 Aug 2010 by Richard M. Jacobsmeyer

The 1st Appellate District has granted the Petitions for Writ of Review filed by both applicant and defendant in the Ogilvie case (this hyperlink will take you to the Appellate Court's Docket); requests which had been inactive since January, 2010... 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

Should California Switch to the AMA Guides Sixth Edition?
Posted on 12 Jul 2011 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. This is a no holds barred editorial commentary. It is not intended to be neutral but it is intended to be factual. We wrote this article to draw the line in the sand in California in the event there is any effort to impose... 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

Ogilvie Writ Granted by First Appellate District
Posted on 26 Aug 2010 by Goldman, Magdalin & Krikes, LLP

The California First District Court of Appeal has granted a Petition for Writ of Review in the matter of Ogilvie v. WCAB and City and County of San Francisco on August 20, 2010. In so doing, they have consolidated the separate petitions for writ of review... Read More

California: How to Prove a LeBoeuf Rebuttal
Posted on 26 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

New Clues on Applying an Ogilvie III Analysis in a DFEC Rebuttal Case In a recent panel decision of Dahl v. Contra Costa County (ADJ1310387) issued on May 18, 2012, the WCAB commissioners shed some light on how to apply an Ogilvie III analysis in a... Read More