Workers' Compensation

Recent Posts

Permanent Total Disability Found "In Accordance With the Fact": Cal. Comp. Cases April Advanced Postings (4/5/2012)
Posted on 5 Apr 2012 by California Compensation Cases Staff

Here’s the second 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. American... Read More

California: Economists Wanted
Posted on 3 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases and statutes cited below. Since Senate Bill 899 was passed, there has been a great deal of uncertainty surrounding the proper calculation and evaluation of the COLAs provided for under Labor Code Section 4659... Read More

U.S. Dept. of Labor Posts SAWW Information for 2013 COLA Calculations
Posted on 7 Jun 2012 by Richard M. Jacobsmeyer

[ Editor's Note: This blog post has been corrected .] Unfortunately when I initially looked at the Dept of Labor site for this information, the link for last year’s information took me to the 4th quarter, not the first quarter. This resulted... Read More

Attorney’s Fee Against $1.1M Lien Recovery Not Allowed: Cal. Comp. Cases May Advanced Postings (5/16/12)
Posted on 16 May 2012 by California Compensation Cases Staff

Here’s the next batch of advanced postings for the May 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. Rafael... Read More

Rise and Fall of the COLA: How It Affects the Attorney’s Fee in California
Posted on 28 Feb 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Calculation of attorneys’ fees has always been a hot-button issue for the WCAB. When the calculation involves a lifetime award of permanent total disability (PTD) benefits, the issue ratchets up a notch. Lately, several conflicting panel decisions... 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: Supreme Court Decides Start Date for Life Pension COLA Calculations
Posted on 11 Aug 2011 by Richard M. Jacobsmeyer

The California Supreme Court has issued its decision in Baker v W.C.A.B. (XYZZX) (previously Duncan v W.C.A.B.) finally determining the question pending since 1/1/03 with the passage of AB 749 and the amendment to Labor Code § 4659 providing for... Read More

California Attorney’s Fees in a Post-COLA World
Posted on 16 Nov 2010 by California Compensation Cases Staff

Notice of Correction: The date in the first paragraph has been corrected. Labor Code Section 4659(c) mandates that for injuries occurring after January 1, 2003, awards resulting in either a life pension or total permanent disability indemnity shall... Read More

Attorney’s Fee Against $1.1M Lien Recovery Not Allowed: Cal. Comp. Cases May Advanced Postings (5/16/12)
Posted on 16 May 2012 by California Compensation Cases Staff

Here’s the next batch of advanced postings for the May 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. Rafael... Read More

California: Workers Lose COLA Case
Posted on 12 Aug 2011 by Julius Young

Today the California Supreme Court issued its opinion in the case dealing with the start of COLA calculations for life pension and permanent total disability cases. The case, Baker v. WCAB (formerly known as the Duncan v. WCAB case and before that... Read More

Rise and Fall of the COLA: How It Affects the Attorney’s Fee in California
Posted on 28 Feb 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Calculation of attorneys’ fees has always been a hot-button issue for the WCAB. When the calculation involves a lifetime award of permanent total disability (PTD) benefits, the issue ratchets up a notch. Lately, several conflicting panel decisions... Read More

California: Economists Wanted
Posted on 3 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases and statutes cited below. Since Senate Bill 899 was passed, there has been a great deal of uncertainty surrounding the proper calculation and evaluation of the COLAs provided for under Labor Code Section... Read More

U.S. Dept. of Labor Posts SAWW Information for 2013 COLA Calculations
Posted on 7 Jun 2012 by Richard M. Jacobsmeyer

[ Editor's Note: This blog post has been corrected .] Unfortunately when I initially looked at the Dept of Labor site for this information, the link for last year’s information took me to the 4th quarter, not the first quarter. This resulted... Read More

California Workers' Compensation Cases Roundup 1/12/2011
Posted on 15 Jan 2011 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 75, No. 12 December 2010 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... Read More

Permanent Total Disability Found "In Accordance With the Fact": Cal. Comp. Cases April Advanced Postings (4/5/2012)
Posted on 5 Apr 2012 by California Compensation Cases Staff

Here’s the second 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. ... Read More