Workers' Compensation

Recent Posts

Retroactive Prophylactic Restriction From Very Heavy Work Was Insufficient to Establish Pre-existing Disability: Cal. Comp. Cases February Advanced Postings (2/16/2012)
Posted on 16 Feb 2012 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. Dennis Timmons , Petitioner v. Workers' Compensation Appeals... Read More

Tags: Case Law Developments , vocational rehabilitation , California , Timmons v. WCAB , work restrictions , Subsequent Injuries Benefits Trust Fund , fentanyl , preexisting disability , California workers compensation , cumulative trauma , hydrocodone

No Permanent Total Disability Found Based on AME and VR Expert Opinions: Cal. Comp. Cases April Advanced Postings (3/29/2012)
Posted on 30 Mar 2012 by California Compensation Cases Staff

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

Tags: Case Law Developments , attorney’s fee , vocational experts , California , presumption of compensability , Permanent Total Disability , Subsequent Injuries Benefits Trust Fund , California workers compensation , interlocutory order , serious and willful misconduct , agreed medical evaluator

California: Subsequent Injuries Benefit Trust Fund’s Obligation Begins When Claimant Stops Receiving TD Payments
Posted on 4 Aug 2017 by Thomas A. Robinson

The appellate court held that pursuant to Lab. Code § 4751, Subsequent Injuries Benefits Trust Fund (SIBTF) benefits commence at the time the employer’s obligation to pay permanent disability benefits begins. Accordingly, the WCAB correctly... Read More

Tags: successive injuries , Subsequent Injuries Benefits Trust Fund

California Workers’ Comp Case Roundup: 9/11/2017
Posted on 11 Sep 2017 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 82 No. 8 August 2017 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: California Insurance Guarantee Association , Subsequent Injuries Benefits Trust Fund , CIGA , privette doctrine , misclassification

California: DWC/WCAB Policy and Procedure Manual Revised
Posted on 25 Mar 2013 by LexisNexis Workers' Comp Law Newsroom Staff

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. The Division of Workers’ Compensation and the Workers’ Compensation Appeals Board have released the 2013 Revision of the DWC/WCAB... Read More

Tags: sanctions , disqualification , alternative dispute resolution , trial exhibits , rating instruction , Subsequent Injuries Benefits Trust Fund , California workers compensation , carve out agreement , petition to stay , EAMS , Settlement , DWC/WCAB Policy and Procedural Manual

California: Secrets Revealed for Handling SIBTF Cases
Posted on 28 Sep 2017 by LexisNexis Workers' Comp Law Newsroom Staff

Over the last few years, there has been quite an increase in the number of workers’ compensation cases dealing with the Subsequent Injuries Benefit Trust Fund (SIBTF) under Labor Code § 4751 . The primary issue is whether or not an injured... Read More

Tags: SIBTF , Subsequent Injuries Benefits Trust Fund

Application for SIBTF Benefits Barred by Statute of Limitations: Cal. Comp. Cases April Advanced Postings (4/6/2016)
Posted on 6 Apr 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the April 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: continuing education , statute of limitations , Apportionment , permanent disability , reconsideration , Subsequent Injuries Benefits Trust Fund , California workers compensation , course of employment , rating , admissibility , medical reports , Evidence , stroke

Retroactive Prophylactic Restriction From Very Heavy Work Was Insufficient to Establish Pre-existing Disability: Cal. Comp. Cases February Advanced Postings (2/16/2012)
Posted on 16 Feb 2012 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. Dennis Timmons , Petitioner v. Workers' Compensation... Read More

Tags: Case Law Developments , vocational rehabilitation , California , Timmons v. WCAB , work restrictions , Subsequent Injuries Benefits Trust Fund , fentanyl , preexisting disability , California workers compensation , cumulative trauma , hydrocodone

Cal. Comp. Cases June Advanced Postings (6/22/2011)
Posted on 22 Jun 2011 by California Compensation Cases Staff

Here's the third batch of cases for the upcoming June 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. Cedars-Sinai Medical Center, PSI, Petitioner v. Workers' Compensation... Read More

Tags: Temporary Disability , California Workers’ Compensation Appeals Board , statute of limitations , nanny , Subsequent Injuries Benefits Trust Fund , Jurisdiction , pre-existing disability , duration

No Permanent Total Disability Found Based on AME and VR Expert Opinions: Cal. Comp. Cases April Advanced Postings (3/29/2012)
Posted on 30 Mar 2012 by California Compensation Cases Staff

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

Tags: Case Law Developments , attorney’s fee , vocational experts , California , presumption of compensability , Permanent Total Disability , Subsequent Injuries Benefits Trust Fund , California workers compensation , interlocutory order , serious and willful misconduct , agreed medical evaluator

Cal. Comp. Cases October Advanced Postings (10/20/2010)
Posted on 21 Oct 2010 by California Compensation Cases Staff

Here is the fourth batch of advanced postings for the October 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the full headnotes and summaries. Ruzan Charkchyan, Petitioner v. Workers' Compensation Appeals... Read More

Tags: California Insurance Guarantee Association , California Workers’ Compensation Appeals Board , timely filing , removal , Subsequent Injuries Benefits Trust Fund , general employer , Qualified Medical Evaluators , special employer , cumulative trauma