Workers' Compensation

Recent Posts

Strict AMA Guides WPI of Zero Percent Rebutted in Ortho/Psyche Case: Cal. Comp. Cases August Advanced Postings (8/20/2014)
Posted on 20 Aug 2014 by California Compensation Cases Staff

Here are the second and third batch of advanced postings for the August 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis.... Read More

California: WCAB Imposes Difficult Standards for Overturning a UR Decision
Posted on 1 Aug 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

The WCAB, in two recent noteworthy panel decisions, has imposed a difficult standard for applicants seeking to overturn a utilization review (UR) decision. Do these decisions signal a policy decision on the part of the Board to limit reversals of UR decisions... Read More

California: Appellate Court Broadly Interprets Labor Code Section 5803
Posted on 22 Jul 2014 by Richard M. Jacobsmeyer

In a brief and to the point decision, the 2nd Appellate District has reversed a W.C.A.B. decision that had rescinded an award of increased benefits based upon a Petition to Reopen. The case, Benavides v W.C.A.B ., is one of the briefest opinions on a... Read More

California: Self-Procured Medical Marijuana
Posted on 3 Apr 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Are applicants entitled to reimbursement for self-procured medical marijuana both pre- and post-SB 863? In Cockrell v. Farmers Insurance , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel has once again rescinded the WCJ’s finding that the applicant... Read More

California: Medical Records for Independent Medical Review
Posted on 11 Apr 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Defendant, not applicant, has mandatory obligation to forward all relevant medical records to IMR In Garibay-Jimenez v. Santa Barbara Medical Foundation Clinic , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel rescinded the WCJ’s order denying... Read More

California: Firefighter Presumption Extension Given Retroactive Effect
Posted on 14 May 2015 by Richard M. Jacobsmeyer

The 2nd District Court of Appeals has reversed a W.C.A.B. decision which had refused to apply the presumption of causation for cancer to a firefighter based on the amendment to Labor Code § 3212.1 which became effective after diagnosis but before... Read More

Sole Reliance on Applicant’s Lay Testimony on Medical Issue Was Erroneous: Cal. Comp. Cases April Advanced Postings (4/2/2015)
Posted on 2 Apr 2015 by California Compensation Cases Staff

Here are the first and second batches of advanced postings for the April 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... Read More

California: The Good Faith Personnel Action Defense
Posted on 21 Oct 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

Recent cases remind us that there’s a multi-level process as enunciated in Rolda [66 CCC 241] to determine whether a psychiatric claim is barred by the good faith personnel action defense under LC 3208.3(h). The defendant, using expert medical evidence... Read More

California: Tips for Stips & More
Posted on 15 Nov 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

What if Defendant “#1” and applicant agree to use an AME in a case, but Defendant “#2” does not. Will Defendant “#2” be bound by the findings of the AME it never agreed to use? These questions and more were answered... Read More

California: Communications With the AME or PQME
Posted on 30 Nov 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

When do communications with the AME or PQME have to be cleared by the opposing side? In Lopez Castaneda v. Forever 21 , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion, affirmed the WCJ’s finding that the applicant was... Read More

California: WCAB Clarifies It Hasn’t Endorsed Use of AMA Guides Sixth Edition
Posted on 10 Nov 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

The California WCAB, on its own motion, rescinded its prior order in Frazier v. State of California [ 2013 Cal. Wrk. Comp. P.D. LEXIS 365 (lexis.com), 2013 Cal. Wrk. Comp. P.D. LEXIS 365 (Lexis Advance)] affirming the WCJ’s findings and award, and... Read More

California: W.C.A.B. Rules on Gap Between TD Ending and PTD Commencing
Posted on 23 May 2014 by Richard M. Jacobsmeyer

The W.C.A.B. has issued an en banc decision addressing one of the consequential issues to the two-year limitation on payment of temporary total disability benefits contained in Labor Code § 4656(c). In Brower v. David Jones Construction , the W.C... Read More

California: Navarro En Banc, Which Applied to QMEs, Also Applies Equally to AMEs
Posted on 2 May 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

The California WCAB, in a recent noteworthy panel decision, noted that the holding in Navarro , which applied to QMEs, also applies equally to AMEs. In this case, the WCAB affirmed the WCJ’s ruling that the applicant was not required to return to... Read More