Workers' Compensation

Recent Posts

Many Work-related Disabilities Go Uncompensated: Compromising "The Great Compromise"
Posted on 18 Jun 2012 by John Stahl

By John Stahl, Esq. Evidence that many workers’ compensation claimants have not received payments under “The Great Compromise” – the bargain that traded the right to sue employers regarding employment-related harm for the right... 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: Causation of Injury v. Causation of Disability
Posted on 2 Aug 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases cited below . The issue of causation has been a central theme in many recent cases. However, given that there are two types of legal causation in the world of workers’ compensation, it’s easy for... Read More

A Call For Workers' Compensation Reform - Compromising The Great Compromise: Many Work-Related Disabilities Are Uncompensated
Posted on 27 Jun 2012 by John Stahl

By John Stahl, Esq. Evidence that many workers’ compensation claimants have not received payments under “The Great Compromise” – the bargain that traded the right to sue employers regarding employment-related harm for the right... Read More

California: Causation of Injury v. Causation of Disability
Posted on 2 Aug 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases cited below . The issue of causation has been a central theme in many recent cases. However, given that there are two types of legal causation in the world of workers’ compensation, it’s easy... Read More

Many Work-related Disabilities Go Uncompensated: Compromising "The Great Compromise"
Posted on 18 Jun 2012 by John Stahl

By John Stahl, Esq. Evidence that many workers’ compensation claimants have not received payments under “The Great Compromise” – the bargain that traded the right to sue employers regarding employment-related harm for the right... Read More

California: Judicial Factors of Consideration in Assessing Substantial Causation of Injury From Good Faith Personnel Actions
Posted on 3 Feb 2011 by David Bryan Leonard

David Bryan Leonard, Esq. In San Francisco Unified School District v. W.C.A.B. (2010) 190 Cal. App. 4th 1, [ 117 Cal. Rptr. 3d 824, 2010 Cal. App. LEXIS 1943 ] , the Court concluded that all injurious factors, industrial and non-industrial, must... 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