Workers' Compensation

Recent Posts

California Workers' Comp Case Roundup (5/4/2014)
Posted on 5 May 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 4 April 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: statute of limitations , attorney's fees , disability retirement , vicarious liability , negligence , employment relationship , civil actions , special employers , California workers compensation , uninsured employers , equitable estoppel , qualified medical examiners , public employees , general employers , exclusive remedy rule , subsequent injuries , equitable tolling

California Workers' Comp Case Roundup (4/5/2014)
Posted on 5 Apr 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 3 March 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: claims handling , workers' compensation insurance , attorney's fees , civil actions , California workers compensation , products liability , brokers , FEHA , Fair Employment and Housing Act , Service-Connected Disability Retirement , Qualfied Medical Evaluator , utilization review , preconception liability , subsequent injuries , independent medical review

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

Salesman’s Cigarette Break at Convenience Store Fell Within Personal Comfort Doctrine: Cal. Comp. Cases September Advanced Postings (9/15/2015)
Posted on 15 Sep 2015 by California Compensation Cases Staff

Here’s the final batch of advanced postings for the September 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: prospecting , going and coming , Apportionment , reconsideration , break , personal comfort , California workers compensation , cigarette , subsequent injuries

LHWCA: Responsible Employer Determination in Cases Involving Multiple Traumatic Injuries: Seeking Analytical Clarity
Posted on 29 Feb 2012 by BRBS Longshore Reporter Staff

By Yelena Zaslavskaya, Senior Attorney for Longshore Office of Administrative Law Judges, U.S. Department of Labor, Washington, D.C. Relevant Precedent [fn1] Case precedent prescribes the rules for identifying the responsible employer/carrier in cases... Read More

Tags: sequential analysis of evidence , simultaneous consideration of evidence , multiple traumatic injuries , aggravation of original injury , multiple occupational exposures , responsible employer , LHWCA , Longshore Act , natural progression , burden of proof , subsequent injuries

California: Supreme Court Decides Start Date for Life Pension COLA Calculations
Posted on 11 Aug 2011 by Richard M. Jacobsmeyer

The California Supreme Court has issued its decision in Baker v W.C.A.B. (XYZZX) (previously Duncan v W.C.A.B.) finally determining the question pending since 1/1/03 with the passage of AB 749 and the amendment to Labor Code § 4659 providing for... Read More

Tags: statutory construction , Baker v WCAB , california workers' compensation , California , legislative intent , COLA , Permanent Total Disability , Richard Jacobsmeyer , life pensions , cost of living adjustment , subsequent injuries

LHWCA: Responsible Employer Determination in Cases Involving Multiple Traumatic Injuries: Seeking Analytical Clarity
Posted on 29 Feb 2012 by BRBS Longshore Reporter Staff

By Yelena Zaslavskaya, Senior Attorney for Longshore Office of Administrative Law Judges, U.S. Department of Labor, Washington, D.C. Relevant Precedent [fn1] Case precedent prescribes the rules for identifying the responsible employer/carrier in... Read More

Tags: sequential analysis of evidence , simultaneous consideration of evidence , multiple traumatic injuries , aggravation of original injury , multiple occupational exposures , responsible employer , LHWCA , Longshore Act , natural progression , burden of proof , subsequent injuries