Workers' Compensation

Recent Posts

California Workers’ Comp Centennial: Thought Leaders Speak the Truth About the Social Bargain and Constitutional Goals
Posted on 28 Feb 2014 by Karen C. Yotis

Karen C. Yotis, Esq., Feature Resident Columnist of the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers' comp world. FACING THE TOUGH QUESTIONS The centennial... Read More

California: DIR Director Christine Baker Provides Update on Progress of SB 863 Eighteen Months After Operative Date
Posted on 12 Sep 2014 by David Bryan Leonard

A report from the California Workers’ Compensation & Risk Conference, Sept. 10-12, 2014, Dana Point, CA By David Bryan Leonard, Esq. Without pause, Christine Baker, Director of the California Department of Industrial Relations, took the... Read More

California: Application of SB 863 Changes to Home Health Care Services
Posted on 31 Oct 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

The legal community posed many questions after SB 863 was enacted. One of the more pressing issues centered around how the WCAB would apply the new limitations governing reimbursement for home health care services. > Would the limitations only apply... Read More

California Lien Filing Fees and Multiple Case Numbers: WCAB Panel Applies AD Rule 10208
Posted on 24 Jun 2013 by David Bryan Leonard

By David Bryan Leonard, Esq. Attention Lexis Online Subscribers: Citations link to Bracketed citations link to Lexis Advance. Workers’ compensation injuries can occur from a specific incident or be caused by cumulative events. ... Read More

Crocodile Wrestling
Posted on 10 Oct 2014 by Julius Young

At a recent workers’ comp conference in Southern California, WCAB Commissioner Kathy Zalewski noted that the WCAB commissioners had been doing a bit of “crocodile wrestling” over Dubon . I’ve seen crocodile wrestling in Thailand... Read More

California: Home Health Care in the Context of a Psychiatric Injury
Posted on 11 Oct 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

Attention Lexis Online Subscribers: Citations link to Bracketed citations link to Lexis Advance . On September 30, 2013, a panel of three commissioners with the Workers’ Compensation Appeals Board (WCAB) denied a request to reconsider... Read More

California: SB 863: New Panel Decision on Psychiatric Disability for Violent Act
Posted on 20 Mar 2017 by Calif. WCAB Noteworthy Panel Decisions Reporter

Rumors of the death of psychiatric permanent disability in post-1/1/2013 date of injury cases have been greatly exaggerated In Madson v. Michael J. Cavaletto Ranches, 2017 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s award of 39... Read More

California: Court of Appeal Upholds Constitutionality of IMR
Posted on 29 Oct 2015 by Richard M. Jacobsmeyer

Shortly after the second Second District Court of Appeals provided the defense community with a welcome decision in Batten v. WCAB , the First Appellate District followed up with its much anticipated decision in Stevens v. WCAB , the first constitutional... Read More

Deposition Procedures Not Required for Vocational Expert Interviews: Cal. Comp. Cases September Advanced Postings (8/29/2014)
Posted on 29 Aug 2014 by California Compensation Cases Staff

Here’s the first batch of advanced postings for September 2014 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights... Read More

California WCAB Panel Dismisses Liens When Activation Fee Paid Hours After Commencement of Lien Conference
Posted on 18 Mar 2013 by David Bryan Leonard

By David Bryan Leonard, Esq. Citations link to unless otherwise noted. All bracketed cites link to Lexis Advance. In one of the first panel decisions issued after the implementation of the $100 lien filing fee, a WCAB panel has dismissed... Read More

California: WCJ Sounds Off on UR/IMR Process - Loynachan v. County of Los Angeles
Posted on 16 Jul 2014 by Robin E. Kobayashi

In Loynachan v. County of Los Angeles , ADJ7144283, the WCJ held that the applicant, who was permanently totally disabled as a result of a 10/1/2009 industrial injury, was entitled to continue receiving 24 sessions of behavioral psychotherapy each year... Read More

New CWCI Study Looks at Independent Medical Review Outcomes in California Workers’ Comp
Posted on 25 Apr 2015 by California Workers' Compensation Institute

A new analysis of independent medical review decisions issued in 2014 suggests that the medical dispute resolution process mandated by the workers’ compensation reform bill enacted in 2012 is working to assure that the treatment provided to California... Read More

California: Stevens Writ Granted
Posted on 11 Dec 2014 by Julius Young

Could the California courts finally be ready to rule on the constitutionality of Independent Medical Review? We may be on the verge of seeing that issue decided. On December 3, 2014, the California Court of Appeal First Appellate District Division... Read More

California: Independent Medical Review Appeals: The Shape of Things to Come
Posted on 16 Aug 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

Workers’ Compensation Judges are starting to see appeals of IMR decisions where the parties are raising very interesting arguments at conferences and trials. We expect to see quite a few noteworthy panel decisions in the coming months outlining... Read More

California: IBR Not Applicable to Pre-1/1/13 Medical Billing Disputes
Posted on 17 Dec 2014 by Richard M. Jacobsmeyer

The 4th District Court of Appeal has issued a decision raised to it on a question on the “retroactive” application of the Independent Bill Review provisions of SB 863 and whether the legislature intended to remove from the W.C.A.B. jurisdiction... Read More