Workers' Compensation

Recent Posts

California: Appellate Court Dumps Lien Filing Fee Challenge
Posted on 29 Mar 2016 by Richard M. Jacobsmeyer

The Second District Court of Appeal has handed down a decision affirming the legislature’s creation of the lien filing fee as part of SB 863. In Chorn v W.C.A.B. a physician (Robin Chorn M.D.) filed a complaint joined by two injured workers in an... Read More

Tags: filing fee , Constitutionality , liens , standing , contractual impairment , California workers compensation , statutory interpretation

Larson’s Spotlight on Recent Cases: Larson’s May Interpret Law, But Can’t Supplant Text of Statute
Posted on 15 Feb 2013 by Larson's Spotlight

Larson's Spotlight on Statutory Interpretation, Credit for Pension Benefits, Intentional Tort, and Substantially Certain Rule. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

Tags: credit for pension benefits , Early Retirement , intentional tort , exclusive remedy , statutory interpretation , substantially certain rule , recreational injuries

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 of Appeals Publishes Valdez Reversal Opinion
Posted on 21 Jun 2012 by Richard M. Jacobsmeyer

The Second District Court of Appeal has ordered publication of its decision in Valdez v W.C.A.B . which reversed the W.C.A.B. en banc ruling that medical reports obtained by applicants pursuant to Labor Code § 4605 were not admissible. Thus, the... Read More

Tags: medical treatment , treating physicians , citable authority , medical-legal report , California workers compensation , Richard Jacobsmeyer , MPN , statutory interpretation , Medical Provider Networks , Valdez en banc decision , medical reports , Valdez v. W.C.A.B.

California: Court of Appeals Publishes Valdez Reversal Opinion
Posted on 21 Jun 2012 by Richard M. Jacobsmeyer

The Second District Court of Appeal has ordered publication of its decision in Valdez v W.C.A.B . which reversed the W.C.A.B. en banc ruling that medical reports obtained by applicants pursuant to Labor Code § 4605 were not admissible. Thus, the... Read More

Tags: medical treatment , treating physicians , citable authority , medical-legal report , California workers compensation , Richard Jacobsmeyer , MPN , statutory interpretation , Medical Provider Networks , Valdez en banc decision , medical reports , Valdez v. W.C.A.B.

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