Workers' Compensation

Recent Posts

California Workers’ Comp Case Roundup (4/29/2016)
Posted on 29 Apr 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 4 April 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: Medicare , final order , writ , continuing education , statute of limitations , Psychiatric Injuries , permanent disability , joint and several , liens , California workers compensation , sexual assault , medical reports , Evidence , res judicata

Failure to List Applicant as Employee and to Report Payroll Did Not Defeat Insurance Coverage: Cal. Comp. Cases June Advanced Postings (6/3/2015)
Posted on 3 Jun 2015 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the June 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: final order , employee , removal , payroll , independent contractors , course of employment , regional pain syndrome

WCAB Enforces Rehabilitation Unit Determination That Became Final: Cal. Comp. Cases April Advanced Postings (4/12/2012)
Posted on 12 Apr 2012 by California Compensation Cases Staff

Here’s the third 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. © Copyright 2012 LexisNexis. All rights reserved. Risk Enterprise Management... Read More

Tags: final order , Case Law Developments , repeal , rehabilitation unit , vested right , vocational rehabilitation , California , mootness , dismissal , California workers compensation , petition for reconsideration

California: The Important Distinctions Between Reconsideration and Removal
Posted on 8 Mar 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases, statutes, and rule cited below. Commonly, when appealing an adverse determination of a Workers’ Compensation Administrative Law Judge (WCJ), a practitioner will file a petition for reconsideration... Read More

Tags: interlocutory discovery order , final order , sanctions , WCAB , California , reconsideration , removal , substantive right , California workers compensation , Avalos v. Staffchex Incorporated , appeal

Compensable Psychiatric Injury as a Result of Harassment by Co-Worker: Cal. Comp. Cases March/April Advanced Postings (3/24/2016)
Posted on 24 Mar 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for 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 reserved. City... Read More

Tags: final order , Apportionment , liens , California workers compensation , writ of review , course of employment , harassment , arising out of employment , psychiatric injury , res judicata

Applicant’s Two Injuries Combined Met Requisite 51 Percent Causation Standard for Compensable Psychiatric Injury: Cal. Comp. Cases May Advanced Postings (5/10/2016)
Posted on 11 May 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the May 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: final order , Discrimination , standard of proof , Apportionment , California workers compensation , writ of review , causation , psychiatric 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

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

Joint and Several Award Against Multiple Defendants in Cumulative Trauma Case: Cal. Comp. Cases July Advanced Postings (7/11/2013)
Posted on 12 Jul 2013 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the July 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

Tags: final order , independent contractor , joint and several , California workers compensation , cumulative trauma injury

HR Manager’s Widow Denied Death Benefits: Cal. Comp. Cases November Advanced Postings (11/16/2011)
Posted on 16 Nov 2011 by California Compensation Cases Staff

Featured Case of the Week: HR Manager’s Widow Denied Death Benefits © Copyright 2011 LexisNexis. All rights reserved. Kathleen Brezensky (Widow) and Chester Brezensky (Dec'd) , Petitioners v. Workers' Compensation Appeals Board... Read More

Tags: final order , Case Law Developments , California Compensation Cases , statute of limitations , Apportionment , California , California workers compensation , Widow , Death Benefits , psychiatric injury , mandamus

No Evidence That Insurer Issued Written Notice of Reinstatement or Issued New Policy After Cancellation: Cal. Comp. Cases June Advanced Postings (6/18/2015)
Posted on 19 Jun 2015 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for June 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

Tags: final order , guarantee , cancelled , reconsideration , California workers compensation , policy , course of employment , reimbursement

Defendant’s Strict Security Regulations Prevented Applicant From Disclosing Information on Work Exposure: Cal. Comp. Cases March Advanced Postings (3/17/2015)
Posted on 18 Mar 2015 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for March 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: final order , removal , California workers compensation , Fraud , QME , extrinsic , appeal

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

Worker’s Pre-existing Diabetes Not to Blame for Post-Injury Amputation: Cal. Comp. Cases December Advanced Postings (11/23/2011)
Posted on 20 Nov 2011 by California Compensation Cases Staff

Featured Case of the Week: Worker’s Pre-existing Diabetes Not to Blame for Post-Injury Amputation Bridgestone Firestone, Old Republic Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Ronald Fussell (aka Ronald Fussel... Read More

Tags: final order , Case Law Developments , Apportionment , permanent disability , California , Attorneys Fees , California workers compensation , modified work , Bridgestone Firestone , diabetes

Res Judicata Barred Petition to Reopen for New and Further Psychiatric Disability: Cal. Comp. Cases June Advanced Postings (6/7/12)
Posted on 7 Jun 2012 by California Compensation Cases Staff

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

Tags: final order , Case Law Developments , attorney's fees , California workers compensation , writ of review , course of employment , new and further disability , medical evidence , psychiatric injury , res judicata , security guard