Workers' Compensation

Recent Posts

California: Appellate Court Broadly Interprets Labor Code Section 5803
Posted on 22 Jul 2014 by Richard M. Jacobsmeyer

In a brief and to the point decision, the 2nd Appellate District has reversed a W.C.A.B. decision that had rescinded an award of increased benefits based upon a Petition to Reopen. The case, Benavides v W.C.A.B ., is one of the briefest opinions on a... Read More

Tags: PTP , good cause , rescind award , permanent disability , AME , California workers compensation , primary treating physician , change in condition , new and further disability , agreed medical examiner , petition to reopen , EMG study

Psyche Injury Known to Exist Prior to Issuance of Stipulated Awards Was Not New and Further Disability: Cal. Comp. Cases December Advanced Postings (11/21/2014)
Posted on 21 Nov 2014 by California Compensation Cases Staff

Here’s the first batch of advanced postings for December 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: California workers compensation , new and further disability , petition to reopen , psychiatric injury

Treatment at Different Location Not Considered Treatment Outside MPN: Cal. Comp. Cases November Advanced Postings (11/3/2015)
Posted on 3 Nov 2015 by California Compensation Cases Staff

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

Tags: medical treatment , California workers compensation , Medical Provider Networks , petition to reopen , heart attack , subsequent injuries

California Workers' Comp Case Roundup (6/14/2014)
Posted on 14 Jun 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 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: Temporary Disability , injury aoe/coe , good cause , Discrimination , judicial review , mesothelioma , permanent disability , California workers compensation , going and coming rule , cost of living adjustments , asbestos , causation , Fair Employment and Housing Act , privilege , utilization review , petition to reopen , Evidence , independent medical review

A is for Apportionment: How It Can Make or Break Your Case
Posted on 24 Feb 2015 by Karen C. Yotis

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. It’s been a full decade since... Read More

Tags: failure of proof , vocational experts , Psychiatric Injuries , permanent disability , presumption of compensability , supplemental reports , SB 899 , DFEC , vocational evidence , California workers compensation , apportionment of disability , diminished earning capacity , development of the record , Benson , petition to reopen , overlap

Applicant Precluded From Reopening Psychiatric Claim: Cal. Comp. Cases July Advanced Postings (6/29/2016)
Posted on 30 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: cardiovascular , statute of limitations , presumption , mootness , removal , California workers compensation , police , Psychiatric Claim , medical report , QME , industrial causation , petition to reopen , Evidence

Apportionment of Non-Industrial Factors Occurring After Stipulated Award: Cal. Comp. Cases August Advanced Postings (8/22/2013)
Posted on 22 Aug 2013 by California Compensation Cases Staff

Here’s the 4th batch of advanced postings for the August 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: Apportionment , permanent disability , California workers compensation , petition to reopen , stipulated award

California: Top 25 Noteworthy Panel Decisions (July–December 2014)
Posted on 31 Dec 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2014. You’ll find many helpful cases in this list, including a recent... Read More

Tags: valley fever , salary in lieu of benefits , odd lot , Temporary Disability , sanctions , new and further injury , independent bill review , medical treatment , statute of limitations , dismissal of claim , IMR , Apportionment , permanent disability , attorney's fees , liens , IBR , AMA Guides , Jurisdiction , compensable consequence injury , insidiuous disease , California workers compensation , prescription medication , cumulative injury , UR , MPN , professional athletes , expedited hearings , modified work , Top 25 noteworthy panel decisions , Medical Provider Networks , public employees , utilization review , Death Benefits , alternative employment , petition to reopen , telephonic therapy , psychiatric injury , six month employment requirement , failure to prosecute , independent medical review

No Unlawful Age Discrimination Found in 20 Percent Apportionment of Permanent Disability to Other Factors: Cal. Comp. Cases May Advanced Postings (5/25/12)
Posted on 25 May 2012 by California Compensation Cases Staff

Here’s the next batch of advanced postings for the May 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. William... Read More

Tags: Case Law Developments , age discrimination , statute of limitations , degenerative , permanent disability , laches , California workers compensation , writ of review , course of employment , apportionment of disability , petition to reopen

No Unlawful Age Discrimination Found in 20 Percent Apportionment of Permanent Disability to Other Factors: Cal. Comp. Cases May Advanced Postings (5/25/12)
Posted on 25 May 2012 by California Compensation Cases Staff

Here’s the next batch of advanced postings for the May 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. William... Read More

Tags: Case Law Developments , age discrimination , statute of limitations , degenerative , permanent disability , laches , California workers compensation , writ of review , course of employment , apportionment of disability , petition to reopen