Workers' Compensation

Recent Posts

Idiopathic Seizures in a Post-SB 899 World: Cal. Comp. Cases January Advanced Postings (1/13/2012)
Posted on 13 Jan 2012 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. FEATURED CASE: IDIOPATHIC SEIZURES IN A POST-SB 899 WORLD Lexis.com subscribers can link to the case to read the complete summary. Harris Ranch Inn... Read More

Tags: idiopathic fall , Case Law Developments , Discrimination , Apportionment , Permanent Total Disability , California workers compensation , seizure , Harris Ranch Inn v WCAB , psychiatric injury , Evidence , temporary total disability

California: Labor Code Section 3208.3(h) Applied to Migraine Headaches
Posted on 1 Mar 2012 by Richard M. Jacobsmeyer

The 4th District Court of Appeal has issued a decision on an issue which has been pending in an unresolved fashion since the early 1990s when Labor Code § 3208.3 was amended to provide that injuries arising from lawful good faith personnel actions... Read More

Tags: psychiatric benefits , California , psychiatric condition , County of San Bernardino v W.C.A.B. , good faith personnel actions , California workers compensation , job stress , Richard Jacobsmeyer , migraine headaches , statutory interpretation , psychiatric injury

California: Court Rules Labor Code Section 3208.3 Burden of Proof Falls on Applicant
Posted on 29 Mar 2012 by Richard M. Jacobsmeyer

The Second District Court of Appeals has reversed a W.C.A.B. award of psychiatric injury for an employee with less than 6 months employment and in doing so has provided valuable additional guidance on the criterion for meeting the statutory exception... Read More

Tags: sudden and extraordinary , WCAB , ladder , California , California workers compensation , Rigoberto Garcia , Richard Jacobsmeyer , avocado picker , SCIF , burden of proof , psychiatric injury

West Virginia: Rush of Air, Dust, Debris From Explosion Satisfied “Physical” Component for PTSD Claim
Posted on 26 Jul 2013 by Larson's Spotlight

West Virginia is within the group of states that does not allow recovery of workers’ compensation benefits for mental-mental injuries [see W. Va. Code § 23-4-1f (2013)]. Affirming a decision by the state’s Board of Review, the state’s... Read More

Tags: explosion , West Virginia workers compensation , mental-mental , coal miner , Upper Big Branch , post traumatic stress disorder , physicality , psychiatric injury

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

No Psychiatric Injury After Tripping on Balloon String: Cal. Comp. Cases January Advanced Postings (12/31/2014)
Posted on 31 Dec 2014 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the January 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 2014 LexisNexis. All... Read More

Tags: California workers compensation , six-month employment rule , psychiatric injury , sudden and extraordinary employment condition

California: 26 Noteworthy Panel Decisions You Should Know About (January-June 2012)
Posted on 16 Jun 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Here are the publisher's picks for the top noteworthy panel decisions recently reported in the LexisNexis services. The list is based upon feedback from our consultants about current topics and issues that are of interest to the entire workers’... Read More

Tags: Case Law Developments , noteworthy panel decisions , WCAB , permanent disability , attorney's fees , liens , California workers compensation , commercial traveler rule , medical provider network , Death Benefits , psychiatric injury , cost of liviing adjustment

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

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

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

California: The Good Faith Personnel Action Defense
Posted on 21 Oct 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

Recent cases remind us that there’s a multi-level process as enunciated in Rolda [66 CCC 241] to determine whether a psychiatric claim is barred by the good faith personnel action defense under LC 3208.3(h). The defendant, using expert medical evidence... Read More

Tags: good faith personnel actions , California workers compensation , agreed medical examiner , psychiatric injury

Airplane Head Injury, Zone of Danger, Sudden and Extraordinary: Cal. Comp. Cases January Advanced Postings (1/15/2014)
Posted on 15 Jan 2014 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the January 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: sudden and extraordinary , fibromyalgia , special risk exception , zone of danger , Apportionment , head injury , permanent disability , Jurisdiction , California workers compensation , going and coming rule , expert witness , forum selection , six-month employment rule , Medical Provider Networks , psychiatric injury

Cal. Comp. Cases October Advanced Postings (9/29/2011)
Posted on 30 Sep 2011 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the October 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Charter Oak Unified School... Read More

Tags: Case Law Developments , California Compensation Cases , california workers' compensation , industrial injuries , permanent partial disability , California , medical provider network , psychiatric injury , medical reports , Workers Compensation Appeals Board , medical provider

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

California Workers' Comp Case Roundup (5-4-2012)
Posted on 4 May 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 4 April 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

Tags: Case Law Developments , independent contractor , pretrial conference statement , Apportionment , California , disability retirement , Permanent Total Disability , California workers compensation , undisclosed witness , exclusive remedy , Conflict of interest , psychiatric injury