Workers' Compensation

Recent Posts

California WCMSA: Separate Settlements for Each Claim - The Benson Case
Posted on 5 Nov 2012 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. Appellate review of California Labor Code Sections 4663 and 4664 on apportionment has mandated that physicians provide in their conclusions with reasonable medical probability approximately what percentage of permanent disability... Read More

California Workers' Comp Case Roundup (5/5/2018)
Posted on 5 May 2017 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 82 No. 4 Apr 2017 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 OF THIS ISSUE... Read More

California Workers’ Compensation Case Roundup (2/11/2016)
Posted on 11 Feb 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 1 January 2016 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 OF THIS... Read More

California Workers’ Comp Case Roundup (5/5/2015)
Posted on 5 May 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 4 April 2015 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 OF THIS ISSUE... Read More

South Dakota: Cumulative Trauma Doctrine Applies to Date of Injury, Not Date of Last Compensation Payment
Posted on 6 Dec 2013 by Larson's Spotlight

The Supreme Court of South Dakota, affirming a trial court’s decision, agreed that the three-year statute of limitations set forth in SDCL 62-7-35.1 barred a claim where the injured employee’s report of accident occurred in 2000, the claim... Read More

California: Revisiting Navarro: When Is A New Panel QME Required?
Posted on 19 Apr 2017 by Brad Wixen

From the limited information in the record in Hasley v. Frito-Lay, Inc., 2017 Cal. Wrk. Comp. P.D. LEXIS --, it appears that applicant, pro per, sustained injury to one or both of her hands. She did not initially file a claim form but instead filed an... Read More

Oklahoma: 180-Day Employment Rule for Cumulative Trauma Injuries Is Unconstitutional
Posted on 4 Mar 2016 by Larson's Spotlight

The Supreme Court of Oklahoma held that a provision in Okla. Stat. tit. 85A, § 2(14) that creates a condition precedent to the filing of a cumulative trauma claim—that the claimant must have completed 180 days of continuous active employment... Read More

Defendant Improperly Terminated Home Health Care Provided Since 2007: Cal. Comp. Cases May Advanced Postings (5/6/2015)
Posted on 6 May 2015 by California Compensation Cases Staff

Here’s the third batch of advanced postings for May 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

California: Multiple Carrier Cumulative Trauma Injury: QME Report Strategy Risks
Posted on 6 Oct 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Chanchavac v. LB Industries, Inc. , 2015 Cal. Wrk. Comp. P.D. LEXIS 516 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 516 (Lexis Advance), the WCAB, denying removal, held that the co-defendant Sentry Insurance was entitled to obtain its own panel qualified... Read More

California: WCAB Had Jurisdiction to Determine NBA Player’s Cumulative Trauma Claim
Posted on 9 Oct 2015 by Larson's Spotlight

In spite of the fact that an NBA player was employed by a California professional basketball team for only one month at the end of his three-year career (1981–1984), and played in only four regular season games (and associated practice sessions... Read More

The Real McCoy: Is a “Mental-Physical” Injury Compensable?
Posted on 11 May 2012 by Robert G. Rassp, Esq.

How the California 4th DCA Muddies the Water in County of San Bernardino vs. WCAB (McCoy) 203 Cal. App.4th 1469 , 138 Cal. Rptr.3d 328, 77 Cal. Comp. Cases 219 (2012) By Robert G. Rassp, Esq. An employee has a pre-existing history of migraine headaches... Read More

Cal. Comp. Cases March Advanced Postings (3/17/2011)
Posted on 18 Mar 2011 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the March 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. City and County of San Francisco, PSI, Petitioner v. Workers'... Read More

California WCMSA: Separate Settlements for Each Claim - The Benson Case
Posted on 5 Nov 2012 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. Appellate review of California Labor Code Sections 4663 and 4664 on apportionment has mandated that physicians provide in their conclusions with reasonable medical probability approximately what percentage of permanent disability... Read More