Workers' Compensation

Recent Posts

California: W.C.A.B. Declines to Accept Jurisdiction over Out of State NFL Player
Posted on 16 Jan 2013 by Richard M. Jacobsmeyer

The Workers' Compensation Appeals Board has issued a decision in what can best be called a niche case involving professional sports specifically professional football. In McKinley v. Arizona Cardinals , the W.C.A.B. has issued an en banc decision... Read More

Tags: football player , Jurisdiction , California workers compensation , cumulative trauma injury

Arbitrator of Contribution Proceeding Not Bound by WCJ’s Finding of Injury AOE/COE: Cal. Comp. Cases June Advanced Postings (5/30/12)
Posted on 31 May 2012 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the June 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. Los Angeles... Read More

Tags: final order , Case Law Developments , concurrent employment , contribution , statute of limitations , California , liens , California workers compensation , collateral estoppel , petition for reconsideration , cumulative trauma injury

Wife Entitled to Reasonable Value of Home Health Care Services for Injured Husband: Cal. Comp. Cases June Advanced Postings (6/14/12)
Posted on 14 Jun 2012 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the June 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. Allgreen... Read More

Tags: registered nurse , Case Law Developments , employee , fibromyalgia , AMA Guides , California workers compensation , course of employment , home health care , inmate injury , lien claimants , cumulative trauma injury

Court Denies Petition for Writ of Mandate in Lien Activation Fee Lawsuit: Cal. Comp. Cases April/May Advanced Postings (4/26/2016)
Posted on 26 Apr 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the April and May 2016 issues 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

Tags: final order , reconsideration , California workers compensation , writ of review , writ of mandate , lien activation fee , cumulative trauma injury

Injury Occurring After Termination Covered by Comp: Cal. Comp. Cases January Advanced Postings (1/10/2014)
Posted on 10 Jan 2014 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the January 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

Tags: Jurisdiction , going and coming rule , traveling employee , professional athletes , Calfiornia workers compensation , post-termination claim , cumulative trauma injury

New Period of Cumulative Trauma Resulted in 100 Percent Permanent Disability: Cal. Comp. Cases February Advanced Postings (1/27/2015)
Posted on 28 Jan 2015 by California Compensation Cases Staff

Here’s the first batch of advanced postings for February 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... Read More

Tags: permanent disability , neuropathic pain syndrome , California workers compensation , chronic pain syndrome , cognitive disorder , agreed medical evaluator , cumulative trauma injury

Customer, Not Applicant, Deemed Initial Physical Aggressor Despite Lack of Physical Contact: Cal. Comp. Cases September Advanced Postings (9/11/2014)
Posted on 11 Sep 2014 by California Compensation Cases Staff

Here are the second and third batches 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... Read More

Tags: Arbitration , surveillance , aggressor , mileage , Death Benefits , cumulative trauma injury

Claim for Psychiatric Injury as Compensable Consequence of Chronic Hepatitis Not Precluded by Compromise and Release: Cal. Comp. Cases July Advanced Postings (6/22/2016)
Posted on 23 Jun 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the July 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. All rights... Read More

Tags: medical treatment , contribution , hepatitis , Psychiatric Injuries , liens , compromise and release , California workers compensation , utilization review , Settlement , cumulative trauma injury

Apportionment and Fibromyalgia: California Workers' Comp Case Roundup (12/8/2011)
Posted on 8 Dec 2011 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 76 No. 11 November 2011 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 © Copyright 2011... Read More

Tags: irritable bowel syndrome , Case Law Developments , WCAB , fibromyalgia , Apportionment , permanent disability , California , California workers compensation , collateral source , subject matter jurisdiction , cumulative trauma injury

Presumption of Employment Applied to Hairdresser: Cal. Comp. Cases May Advanced Postings (4/22/2015)
Posted on 22 Apr 2015 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

Tags: employee , writ for review , hairdresser , California workers compensation , independent contractors , course of employment , arising out of employment , cumulative trauma injury

California: Appellate Court Rules Minimum Contacts w/CA Not Sufficient for WC Benefits
Posted on 4 Dec 2013 by Richard M. Jacobsmeyer

The 2nd District Court of Appeal has issued a ruling reversing a finding by the W.C.A.B. that a professional athlete who played 1 of 34 games in California in her final year of playing professional sports was eligible for workers’ compensation benefits... Read More

Tags: lump sum settlements , U.S. Constitution , basketball player , Jurisdiction , California workers compensation , Larson's Workers' Compensation Law , professional athletes , minimum contacts , cumulative trauma injury

Green v. City of Los Angeles: Refresh of Apportionment
Posted on 22 May 2014 by Charles Clark

Rejection of the Black Box Approach By Charles Edward Clark, Esq. 1 INTRODUCTION In the years since E.L. Yeager Construction v. Workers' Comp. Appeals Bd. (Gatten) (2006) 145 Cal.App.4th 922 [ 71 Cal.Comp.Cases 1687 ], apportionment analysis... Read More

Tags: nonindustrial factors , black box , Apportionment , scientific method , permanent disability , California workers compensation , pulmonary interstitial fibrosis , hypertension , preexisting conditions , pathology , causation , burden of proof , industrial factors , degenerative conditions , cumulative trauma injury

California Workers’ Comp Cases Roundup (6/1/2016)
Posted on 1 Jun 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 5 May 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 ISSUE... Read More

Tags: final order , Discrimination , standard of proof , public employer , Psychiatric Injuries , liens , compromise and release , California workers compensation , writ of review , verifications , Medical Provider Networks , utilization review , contract for hire , cumulative trauma injury

Termination Due to Fiscal Reasons as Insufficient Basis to Deny LC 4850 Benefits: Cal. Comp. Cases May Advanced Postings (5/13/2015)
Posted on 13 May 2015 by California Compensation Cases Staff

Here’s the fourth 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. © Copyright 2015 LexisNexis. All rights reserved. City... Read More

Tags: statute of limitaions , California workers compensation , course of employment , police , arising out of employment , public employees , utilization review , cumulative trauma injury

CIGA Ordered to Administer Medical Care for Both Specific and Cumulative Trauma Injuries: Cal. Comp. Cases December Advanced Postings (12/23/2011)
Posted on 24 Dec 2011 by California Compensation Cases Staff

Featured Case of the Week: CIGA ordered to administer medical care for both specific and cumulative trauma injuries California Insurance Guarantee Association (insurer for MB Painting), administered by Intercare Insurance Services, on behalf of Credit... Read More

Tags: California Insurance Guarantee Association , medical treatment , Caifornia , contribution , Apportionment , Permanent Total Disability , specific injury , CIGA , Medical Benefits , insolvent , cumulative trauma injury