Workers' Compensation

Recent Posts

California: Can a Psychiatric Injury Be Filed “Post-Termination” Where the Employee First Becomes Aware of Her Injury After Her Termination?
Posted on 9 Jan 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

It may not be well known, but both Labor Code Section 3600 (a)(10) and Labor Code Section 3208.3 (e)(5) contain provisions that exempt their application to those claims where the date of injury is determined in accordance with Labor Code Section 5412... Read More

Tags: Case Law Developments , WCAB , date of injury , Bertha Chan v Carl Karcher Enterprises , Psychiatric Injuries , California , lay off , California Labor Code , California workers compensation , termination , post-termination claim

The Real McCoy: Is a “Mental-Physical” Injury Compensable?
Posted on 11 May 2012 by Robert G. Rassp, Esq.

How the California 4th DCA Muddies the Water in County of San Bernardino vs. WCAB (McCoy) 203 Cal. App.4th 1469 , 138 Cal. Rptr.3d 328, 77 Cal. Comp. Cases 219 (2012) By Robert G. Rassp, Esq. An employee has a pre-existing history of migraine headaches... Read More

Tags: mental-mental claim , stress claim , Robert Rassp , Psychiatric Injuries , DSM-IV , good faith personnel actions , California workers compensation , DSM-III , job stress , migraine headaches , mental-physical claim , cumulative trauma

Split Panel Finds Being Struck by Basketball Was Not Extraordinary Event: Cal. Comp. Cases October Advanced Postings (10/10/2012)
Posted on 10 Oct 2012 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the October 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnote and summary . © Copyright 2012 LexisNexis. All rights reserved. Araceli... Read More

Tags: extraordinary event , sudden and extraordinary , Case Law Developments , Psychiatric Injuries , California workers compensation , basketball , six month employment requirement

Judge's Questioning of Co-Worker, Who Compared Applicant's Personality to Gordon Ramsay's, Didn't Deprive Applicant of Fair Trial
Posted on 5 Nov 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

This noteworthy California WCAB panel decision will be added to the LexisNexis Services. Psychiatric Injury; Predominant Cause Requirement; Good Faith Personnel Actions. California WCAB affirmed WCJ’s finding that applicant/regional sales manager... Read More

Tags: predominant cause , Psychiatric Injuries , good faith personnel actions , California workers compensation , Gordon Ramsay

California Workers' Comp Case Roundup (6/7/2013)
Posted on 8 Jun 2013 by LexisNexis Communities Staff

CALIFORNIA COMPENSATION CASES Vol. 78 No. 5 May 2013 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: Psychiatric Injuries , public safety officers , wrongful termination , California workers compensation , victim restitution , lien activation fee , exclusive remedy rule , res judicata

A is for Apportionment: How It Can Make or Break Your Case
Posted on 24 Feb 2015 by Karen C. Yotis

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. It’s been a full decade since... Read More

Tags: failure of proof , vocational experts , Psychiatric Injuries , permanent disability , presumption of compensability , supplemental reports , SB 899 , DFEC , vocational evidence , California workers compensation , apportionment of disability , diminished earning capacity , development of the record , Benson , petition to reopen , overlap

California Workers’ Comp Cases Roundup (6/1/2016)
Posted on 1 Jun 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 5 May 2016 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: final order , Discrimination , standard of proof , public employer , Psychiatric Injuries , liens , compromise and release , California workers compensation , writ of review , verifications , Medical Provider Networks , utilization review , contract for hire , cumulative trauma injury

Missouri: Prior Psych Condition Supports SIF Total from Break Room Accident
Posted on 19 Feb 2014 by Martin Klug

The court of appeals affirmed an award of total disability benefits against the second injury fund benefits based in part on claimant's significant pre-existing psychiatric disabilities. Blackshear v Adecco , ED 100251 (Mo. App. 2014), 2014 MO App... Read More

Tags: second injury fund , Psychiatric Injuries , pre-existing disability , Missouri workers compensation

California: Workers' Comp Case Roundup (3/6/2018)
Posted on 6 Mar 2018 by LexisNexis Workers' Comp Law Newsroom Staff

CALIFORNIA COMPENSATION CASES Vol. 83 No. 2 Feb 2018 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: joint employment , insurance coverage , Psychiatric Injuries , workers' compensation fraud , FEHA , Fair Employment and Housing Act , sudden and extraordinary employment condition , peculiar risk

Claim for Psychiatric Injury as Compensable Consequence of Chronic Hepatitis Not Precluded by Compromise and Release: Cal. Comp. Cases July Advanced Postings (6/22/2016)
Posted on 23 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: medical treatment , contribution , hepatitis , Psychiatric Injuries , liens , compromise and release , California workers compensation , utilization review , Settlement , cumulative trauma injury

California Workers’ Comp Case Roundup (4/29/2016)
Posted on 29 Apr 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 4 April 2016 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: Medicare , final order , writ , continuing education , statute of limitations , Psychiatric Injuries , permanent disability , joint and several , liens , California workers compensation , sexual assault , medical reports , Evidence , res judicata

Combined Psychiatric Effects of Three Injuries Found Inextricably Intertwined: Cal. Comp. Cases July Advanced Postings (7/1/2015)
Posted on 1 Jul 2015 by California Compensation Cases Staff

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

Tags: Psychiatric Injuries , permanent disability , apportionment of disability , california workers' compensation

California: When to Hold Them and When to Fold Them? Apportionment In Ortho, Psyche, And Internal Cases
Posted on 8 Jul 2015 by Robert G. Rassp, Esq.

This article is a favor to the WCAB commissioners and is a call out to parties and trial judges to develop the record before a case gets to the appellate level. How many times have you been confronted with an “ortho, psyche, and internal”... Read More

Tags: Apportionment , Psychiatric Injuries , permanent disability , internal injuries , AMA Guides , California workers compensation , orthopedic injury

California: Top 25 Noteworthy Panel Decisions (July–December 2015)
Posted on 3 Jan 2016 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 July through December 2015. The list features a number of decisions addressing the assignment and... Read More

Tags: lien , going and coming , Psychiatric Injuries , presumption , representation , settlements , AMA Guides , California workers compensation , death , Qualified Medical Evaluator , medical evidence , medical specialty , causation , good faith , utilization review , permanent disabiilty , insolvency , residential employee , independent medical review

WCAB Not Swept Away by Injured Worker’s Argument for Housekeeping Services: Cal. Comp. Cases August Advanced Postings (8/1/2012)
Posted on 1 Aug 2012 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summary. © Copyright 2012 LexisNexis. All rights reserved. Sharon... Read More

Tags: lien claim , sudden and extraordinary , Case Law Developments , Psychiatric Injuries , California workers compensation , collateral estoppel , housekeeping services