Workers' Compensation

Recent Posts

California: Keys to Proving Apportionment: The Bullet Proof List
Posted on 25 Feb 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

The apportionment statutes were massively revised by the 2004 workers’ compensation reform package. However, apportionment was one of the only areas of the workers’ compensation law that did not get hit by the most recent reform legislation... Read More

Will California Rank No. 1 in Nation for Highest Workers’ Comp Premium Rates?
Posted on 13 Apr 2014 by John Stahl

Two years ago California ranked third in the nation in terms of the highest workers’ comp premium rates. In a webinar on April 10, 2014, WCIRB observed that, given the rate activity in the state from 2012 to 2013 and most likely continuing into... Read More

California: Court Upholds W.C.A.B. Ruling Excluding Medical Legal TD From Labor Code § 4656 Window
Posted on 27 Jun 2012 by Richard M. Jacobsmeyer

The 3rd Appellate District has resolved a one of the issues that has been frequently discussed but almost never raised (at least in my experience) regarding payment of TTD during the period between 4/19/2004 and 12/31/2007 when the first payment of TD... Read More

California: SB 863 Tweaks the Medical Provider Network Paradigm
Posted on 5 Oct 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

Historical Perspective : Medical Provider Networks (MPN) came into being as part of the 2004 Workers’ Compensation Reform package set forth in Senate Bill 899. MPNs allowed employers to retain greater control over the medical treatment (MT) provided... Read More

California: A “New” Discovery Tool Available to the Defense Bar?
Posted on 13 Oct 2017 by LexisNexis Workers' Comp Law Newsroom Staff

The California Constitution mandates that the workers’ compensation process, including those provisions applicable to discovery, shall be established so as to accomplish substantial justice in all cases expeditiously, inexpensively, and without... 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: Labor Code Section 4662: Conclusive or Rebuttable Presumption?
Posted on 10 Aug 2017 by LexisNexis Workers' Comp Law Newsroom Staff

Everyone in the workers’ compensation community has heard of the paradigm changing package of laws brought about by SB899 in 2004 and SB863 in 2013, but sometimes a new law slips under the radar radically tweaking a particular aspect of the rules... Read More

California: The Cannon Case: Permanent Objective Medical Diagnosis
Posted on 5 Nov 2014 by Robert G. Rassp, Esq.

Throughout the years, since the enactment of SB 899, all of the guidebooks have directed physicians and attorneys to focus on permanent objective medical conditions in order to determine whether that condition is ratable under the AMA Guides . Some people... Read More

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

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

Accolades at Monterey
Posted on 7 Oct 2010 by Julius Young

Well-deserved accolades were given this weekend in Monterey to some of California workers' comp's brightest stars. The occasion? The awards ceremony sponsored by the Executive Committee of the bar's Workers' Compensation Section. Held... Read More

California: Ogilvie Reversed – Confusion Reigns
Posted on 30 Jul 2011 by Richard M. Jacobsmeyer

The 1st District Court of Appeal has issued its decision in the combined cases of Ogilvie v W.C.A.B./ City and County of SF v WCAB reversing the W.C.A.B. en banc decision but upholding the concept of a rebuttable schedule. In its decision the Court specifically... Read More

California WCAB Panel Concludes That 100% Loss Of Future Earning Capacity Is A Factor To Consider When Calculating Permanent Disability
Posted on 27 Dec 2010 by David Bryan Leonard

By David Bryan Leonard, Esq. The panel decision of Clark Baldridge v. Swinerton, Inc./Zurich (ADJ 636377), 2010 Cal. Wrk. Comp. P.D. LEXIS 271 , highlights the role of consistency in the judicial process by recognizing that while law may change, long... Read More

California: Court Upholds W.C.A.B. Ruling Excluding Medical Legal TD From Labor Code § 4656 Window
Posted on 27 Jun 2012 by Richard M. Jacobsmeyer

The 3rd Appellate District has resolved a one of the issues that has been frequently discussed but almost never raised (at least in my experience) regarding payment of TTD during the period between 4/19/2004 and 12/31/2007 when the first payment of TD... Read More