Workers' Compensation

Recent Posts

Illinois: Claimant Need Not Submit AMA Rating Report in Order to Qualify for PD
Posted on 14 Jul 2016 by Larson's Spotlight

The Appellate Court of Illinois, Workers’ Compensation Commission Division, held that section 8.1b of the Illinois Workers’ Compensation Act [820 Ill. Comp. Stat. 305/8.1b (2012)], does not require an injured worker to submit an “AMA... Read More

Vocational Expert’s Opinion Did Not Rebut Scheduled Rating: Cal. Comp. Cases Advanced Postings (11/7/2016)
Posted on 7 Nov 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the Nov 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

Utah: High Court Reiterates Meaning of “Basic Work Activities” for Purposes of PTD Benefits
Posted on 28 Jul 2017 by Thomas A. Robinson

Generally speaking, in order to qualify for permanent total disability benefits, the Utah employee must show, in relevant part, that he or she has an impairment or combination of impairments that limit the employee’s ability to do “basic work... Read More

Rebutting the DFEC Adjustment Factor: Ogilvie Revisited: Contra Costa County v. WCAB (Dahl)
Posted on 18 Oct 2015 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. In order to understand Contra Costa County v. Workers’ Comp. Appeals Bd. (Dahl) , 240 Cal.App.4th 746 , 80 Cal. Comp. Cases – [ 240 Cal.App.4th 746 ], it is important to first understand the facts of the case. ... Read More

California Workers' Comp Case Roundup (9/6/2013)
Posted on 6 Sep 2013 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 78 No. 8 August 2013 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' Comp Case Roundup (10/28/2015)
Posted on 28 Oct 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 10 October 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... Read More

California: Two Different Paths to Establishing Permanent and Total Disability
Posted on 18 Jul 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Anaya v. Bay Area Carbide , 2016 Cal. Wrk. Comp. P.D. LEXIS --, a split WCAB panel affirmed the WCJ’s finding that the applicant, who suffered an industrial injury to his lungs, respiratory system, psyche, and in form of diabetes while employed... Read More

Ohio: For PTD Purposes, “Sustained” Employment Need Not Be Full-Time
Posted on 1 Jun 2017 by Thomas A. Robinson

Indicating that permanent total disability is defined as the inability to perform sustained remunerative employment due to the allowed conditions in the claim [Ohio Admin. Code § 4121–3–34(B)(1), emphasis added], the Ohio Supreme Court... Read More

Vicodin Overdose, "Ogilboeuf", Same Sex Domestic Partner: Cal. Comp. Cases December Advanced Postings (12/22/2013)
Posted on 22 Dec 2013 by California Compensation Cases Staff

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

South Carolina: Injured Employee Entitled to PTD Benefits For Significant Impairment to Back in Spite of Return to Work
Posted on 9 Mar 2017 by Thomas A. Robinson

Evidence that an injured employee has returned to work in some capacity, standing alone, does not rebut the presumption of total disability where the uncontradicted medical evidence indicates the employee sustained loss of use to his back that exceeded... Read More

California: What Decisions Rule and When Do They Rule?
Posted on 11 Oct 2011 by Colleen Casey

In last month’s blog, we set forth a chronology of the significant case law on permanent disability determinations. The list has been updated and set forth again below: Chronology of Significant PD Rating Cases: 12.7.06 Costa... Read More

California: WCAB Clarifies It Hasn’t Endorsed Use of AMA Guides Sixth Edition
Posted on 10 Nov 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

The California WCAB, on its own motion, rescinded its prior order in Frazier v. State of California [ 2013 Cal. Wrk. Comp. P.D. LEXIS 365 (lexis.com), 2013 Cal. Wrk. Comp. P.D. LEXIS 365 (Lexis Advance)] affirming the WCJ’s findings and award, and... Read More

California: Loss of Function Rating Prevailed Over Strict Anatomic Loss of Motion Rating
Posted on 15 Nov 2016 by Robert G. Rassp, Esq.

A recent case reflects how crucial it is for an evaluating or treating physician to point out all objective medical findings as a result of an industrial injury, and then there has to be a correlation between those objective medical findings and the ultimate... Read More

WCAB’s Role in Distribution of 3rd Party Settlement Proceeds: Cal. Comp. Cases March Advanced Postings (3/11/2014)
Posted on 11 Mar 2014 by California Compensation Cases Staff

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