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: When to Object to a Treating Physician’s Permanent Disability Determination
Posted on 28 Jun 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases and statutes cited below. California Labor Code Section 4062 provides that if either party objects to a “medical determination” made by the treating physician concerning any medical issues not... Read More

California: Was That Just a Reverse Almaraz/Guzman That Flew By?
Posted on 5 Jul 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

As a result of the February 3, 2009, en banc decision in Almaraz v. Environmental Recovery Services/Guzman v. Milpitas Unified School District (2009) 74 Cal. Comp. Cases 201 (Appeals Board en banc), the September 3, 2009 decision after reconsideration... Read More

Departure From Strict AMA Guides Rating Justified for Ankle Injury: Cal. Comp. Cases December Advanced Postings (12/24/2012)
Posted on 24 Dec 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the December 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

California: Legislature Passes SB 863
Posted on 4 Sep 2012 by Richard M. Jacobsmeyer

The State Legislature passed and forwarded to Governor Brown a historic workers’ compensation benefit increase and reform package on Friday, August 31, 2012 Presumably signing by the Governor is a certainty as the Governor’s office was reportedly... Read More

California: Paradigm Shift?
Posted on 11 Aug 2012 by Julius Young

The workers' comp community is abuzz with rumors about the impending comprehensive comp reform bill. I've not yet seen the bill (which could still be revised before it is introduced in print in the next week or so). But based on the summary... Read More

California: Keys to Proving Apportionment: The Bullet Proof List
Posted on 25 Feb 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

The apportionment statutes were massively revised by the 2004 workers’ compensation reform package. However, apportionment was one of the only areas of the workers’ compensation law that did not get hit by the most recent reform legislation... Read More

SB 863 and Permanent Disability: A Practitioner's Survival Guide to California Workers' Compensation Reform
Posted on 4 Sep 2012 by Robert G. Rassp, Esq.

HOT OFF THE PRESS! A new LexisNexis Emerging Issues Analysis article… Robert G. Rassp on SB 863 and Permanent Disability: A Practitioner's Survival Guide to California Workers' Compensation Reform, 2012 Emerging Issues 6614. Mr. Rassp... Read More

California DIR Officials Outline Goals and Tasks for Implementing SB 863 Workers’ Comp Reforms
Posted on 20 Sep 2012 by David Bryan Leonard

By David Bryan Leonard, Esq., Special to the LexisNexis Workers’ Compensation Law Community The 2012 California Workers’ Compensation and Risk Conference opened September 19, 2012 at the St. Regis Resort, Dana Point with an update from the... Read More

California Workers’ Compensation Reform SB 863 Analysis: Permanent Disability Provisions
Posted on 28 Aug 2012 by Robert G. Rassp, Esq.

***WARNING: The following analysis is based on the 8/24/2012 and 8/27/2012 versions of SB 863. On 8/31/2012, the Legislature passed SB 863. Be sure to check the final version of SB 863 posted on the Legislature website.*** ***NOTE: Robert G. Rassp has... Read More

California: SB 863 Checklist and Reference Guide
Posted on 19 Oct 2012 by Robert G. Rassp, Esq.

SB 863 CHECKLIST & REFERENCE GUIDE By Robert G. Rassp, Esq. © Copyright 2012 LexisNexis. All rights reserved. This SB 863 Checklist & Reference Guide is excerpted from The Lawyer’s Guide to the AMA Guides and California Workers’... Read More

AME’s Opinion Failed to Support Apportionment: Cal. Comp. Cases December Advanced Postings (12/5/2012)
Posted on 5 Dec 2012 by California Compensation Cases Staff

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

Pepsi or Coke? The Latest on COLA in California
Posted on 14 Sep 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

When a workers’ compensation practitioner talks about the appropriate COLA, he is usually not discussing his favorite soft drink! Rather, Labor Code Section 4659 (c) indicates that certain awards of permanent disability shall be increased annually... Read More

California Workers' Compensation Cases Roundup (10/5/2012)
Posted on 5 Oct 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 9 September 2012 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: Labor Code Section 4658d Not Applicable Where Employee Does Not Miss Time From Work
Posted on 29 Aug 2012 by Richard M. Jacobsmeyer

The 1st Appellate District has resolved one of the continuing controversial issues surrounding Labor Code § 4658 d (the 15% adjustment to PD created in SB 899) in its published decision in City of Sebastopol v W.C.A.B. (Braga) and in doing so resolved... Read More