Workers' Compensation

Recent Posts

District of Columbia: Employer Must Use Targeted Evidence to Rebut Presumption of Compensability
Posted on 28 Jun 2020 by Thomas A. Robinson

The District of Columbia Court of Appeals reversed a decision of the District's Compensation Review Board that denied workers' compensation benefits to a diabetic worker after finding that the employer had adequately rebutted the District's... Read More

California: Labor Code Section 4662: Conclusive or Rebuttable Presumption?
Posted on 10 Aug 2017 by LexisNexis Workers' Comp Law Newsroom Staff

Everyone in the workers’ compensation community has heard of the paradigm changing package of laws brought about by SB899 in 2004 and SB863 in 2013, but sometimes a new law slips under the radar radically tweaking a particular aspect of the rules... Read More

California: A Post-Dubon II Game Changer?
Posted on 7 Feb 2015 by Robert G. Rassp, Esq.

An interesting argument has been raised: Should an applicant be allowed to rebut the MTUS guidelines before the WCAB? In McFarland v. The Permanente Medical Group, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split WCAB panel, affirming the WCJ, held... Read More

Statutory Presumptions of Intoxication and Drug Use Don’t Always Ensure an Easy Win for Employers
Posted on 28 Mar 2012 by Thomas A. Robinson

By Thomas A. Robinson At the heart of the workers’ compensation bargain is the essential doctrine that employee fault should generally not be considered when determining the compensability of the employee’s claim. Indeed, as Dr. Larson has... Read More

Statutory Presumptions of Intoxication and Drug Use Don’t Always Ensure an Easy Win for Employers
Posted on 28 Mar 2012 by Thomas A. Robinson

By Thomas A. Robinson At the heart of the workers’ compensation bargain is the essential doctrine that employee fault should generally not be considered when determining the compensability of the employee’s claim. Indeed, as Dr. Larson... Read More

Five Recent Cases You Should Know About (10/29/2010)
Posted on 28 Oct 2010 by Larson's Spotlight

Larson's Spotlight on Post-Termination Claim, Labor Market, Marijuana, Credibility, Death Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More