Workers' Compensation

Recent Posts

California: Judges and Jurisdiction - Where to Draw the Line
Posted on 25 Apr 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

The primary purpose of the newly created Independent Medical Review (IMR) process is to review medical treatment (MT) disputes and issue determinations. SB863 added LC §4610.6 (i) to the Labor Code, which states in pertinent part, “In no event... Read More

Tags: judges , IMR , amendment of pleadings , protective orders , Jurisdiction , California workers compensation , primary treating physician , physician , SB 863 , in camara review , subpoena , self-procured medical treatment , independent medical review

California: The Right to Discovery vs. Privacy and Privilege
Posted on 10 Apr 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative... Read More

Tags: business necessity , retaliation , Discrimination , in camera review , protective orders , discovery , California workers compensation , Privacy , Borrayo v. Tobar Industries , privilege , Evidence

California: The Right to Discovery vs. Privacy and Privilege
Posted on 10 Apr 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative... Read More

Tags: business necessity , retaliation , Discrimination , in camera review , protective orders , discovery , California workers compensation , Privacy , Borrayo v. Tobar Industries , privilege , Evidence

California: Employer Representative at Applicant's Deposition
Posted on 25 Aug 2010 by Nigel Scott Baker, Esq.

The WCAB issued an opinion, Padilla v. LAMTA , (6/28/10, ADJ6981165) which dealt with the issue of having an employer representative at the deposition (especially during the portions in which prior medical history was being discussed). If you would like... Read More

Tags: Medical Information , medical history , due process , protective orders , discovery , Deposition , irreparable harm , Privacy , employer representative