Workers' Compensation

Recent Posts

United States: Divided 9th Circuit Panel Reverses District Court’s Injunction Related to California AB-5
Posted on 22 May 2021 by Thomas A. Robinson

A divided panel of the Ninth Circuit Court of Appeals reversed a decision by a federal district court sitting in California that had issued an order temporarily enjoining enforcement of the controversial Assembly Bill 5, which had codified the judge-made... Read More

California: SB 863 Final Interpreter Services Rules Effective 8-13-2013
Posted on 16 Aug 2013 by LexisNexis Workers' Comp Law Newsroom Staff

The following summary highlights the major changes in the final interpreter services rules that went into effect August 13, 2013, as well as relevant provisions of the Labor Code. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed... Read More

Initial Data on 2012 Private Self-Insured Claims Show Stable Claim Frequency, Declining Severity
Posted on 12 Nov 2013 by California Workers' Compensation Institute

Workers’ compensation claim frequency among California’s private self-insured employers showed almost no change in 2012 as a slight increase in the incidence of medical-only claims was offset by a slight reduction in indemnity claim frequency... Read More

Two-Year TD Limitation Applies Despite No Proof at Trial When Payments Commenced: Cal. Comp. Cases October Advanced Postings (9/29/2013)
Posted on 30 Sep 2013 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the October 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights... Read More

California: Does a Home Care Assessment Constitute “Treatment” Subject to Utilization Review?
Posted on 17 Feb 2017 by Brad Wixen

Fine Lines and a Glimpse at the Future In Rodriguez v. Simi Valley Unified School District, 2016 Cal. Wrk. Comp. P.D. LEXIS 671 , applicant, a custodian, sustained injury at her employer. The injury was sufficiently serious that her treating physician... 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

Noteworthy Workers' Compensation Legal Trends 2016: Part One
Posted on 2 Dec 2016 by LexisNexis Workers' Comp Law Newsroom Staff

This article surveys recent legal trends in the states of Arizona, California, Delaware, Georgia, and Kentucky as explained by our workers’ compensation experts below. ARIZONA The Arizona Legislature has enacted several new laws, all of them... Read More

The Rassp Report
Posted on 26 Jan 2013 by Robert G. Rassp, Esq.

The Rassp Report, a law blog Robert G. Rassp, Esq. Author, " Lawyer's Guide to the AMA Guides and California Workers' Compensation ," 2015 © Lexis Nexis/Matthew Bender & Co. Chairman of the Board of Directors, Friends... Read More

Defendant’s Claim for Credit Rejected When FEHA Violation Led to Applicant’s Injury: Cal. Comp. Cases April Advanced Postings (4/15/2016)
Posted on 15 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... Read More

CWCI Measures California Workers’ Comp Physician Reporting Changes Under the RBRVS Schedule
Posted on 28 Jan 2015 by California Workers' Compensation Institute

The average amount paid to California workers’ compensation treating physicians for medical reports fell more than 30 percent in the first quarter of 2014 as the state began to transition to a Resource-Based Relative Value Scale (RBRVS) fee schedule... Read More

California: Direct Injuries vs. Compensable Consequences
Posted on 29 Mar 2017 by Calif. WCAB Noteworthy Panel Decisions Reporter

The Importance of Knowing the Difference Between Direct Injuries and Compensable Consequences For dates of injury prior to 1/1/2013, injured workers were entitled to full workers’ compensation benefits for injuries to all body parts, regardless... Read More

California: Accounts Receivable Purchase of Liens at Reduced Value - Trade Secret or Not?
Posted on 12 Jul 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

"AR companies have become a cottage industry that now fills the courts with significant and sometimes unnecessary lien litigation on issues, many as such are presented in the instant petition.” In Gonzalez v. Thang Vi Duong, Inc., 2014 Cal... 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

CWCI/WCIRB Study Confirms Post-Reform Reductions in ASC Facility Fees
Posted on 11 Mar 2015 by California Workers' Compensation Institute

Average facility fees paid to ambulatory surgery centers (ASCs) for treatment of injured workers in California have declined 27% per episode and 29% per procedure since fee schedule changes mandated by SB 863 were adopted in 2013 according to updated... Read More