Workers' Compensation

Recent Posts

California: Application of Benson in Cases Involving Overlapping Body Parts
Posted on 5 Jul 2018 by LexisNexis Workers' Comp Law Newsroom Staff

Recently, a panel of three commissioners with the Workers’ Compensation Appeals Board (WCAB) addressed the “cannot parcel out” exception” outlined in Benson v. Workers’ Comp. Appeals Bd. (2009) 170 Cal. App.4th 1535 , 74... Read More

California: So You Think You Know Who Has the Burden of Proof on Apportionment?
Posted on 2 Feb 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Prior to Senate Bill 899, the law was clear as to which party had the burden of proof on the apportionment issue. If defendant could not provide substantial evidence that there was either pre-existing PD or a progressive disease process, apportionment... Read More

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

California: SB 863 and Benson
Posted on 1 Apr 2013 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Call me weird, obsessed, bored, or deeply disturbed but recently while I was on my almost daily four-mile hike in... Read More

Colorado: Two-Thirds of Osteoarthritis Claim Apportioned to Injured Employee
Posted on 8 Jun 2017 by Thomas A. Robinson

A Colorado appellate court affirmed an order apportioning two-thirds of an injured worker’s bilateral knee osteoarthritis to the employee, requiring the employer to pay just one-third of the worker’s medical expenses and other benefits, although... Read More

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

New York: Apportionment Allowed in Schedule Loss of Use Case
Posted on 13 Oct 2017 by Thomas A. Robinson

While the normal rule in most jurisdictions is that a judge or board may not apportion a claimant’s PPD award based upon a preexisting condition that did not prevent the employee from effectively performing his or her job duties at the time of a... Read More

California: Appellate Court Publishes Opinion Reversed PTD Award Without Apportionment
Posted on 10 Aug 2013 by Richard M. Jacobsmeyer

The Court of Appeal 1st District) has issued an opinion reversing a 100% award for an employee where the Court determined the WCJ and W.C.A.B. ignored substantial evidence of apportionment and remanded the case back to the W.C.A.B. to more fully consider... 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

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. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights... Read More

California: Apportionment, Conclusive Presumptions and Labor Code Section 4662 (Part 1 of 2)
Posted on 6 May 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Editor’s Note: The following is Part One of a two-part article. Are there any circumstances under which apportionment will reduce a... 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: 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