Workers' Compensation

Recent Posts

Inability to Tolerate Sound Did Not Equate to Total Inability to Work Again: Cal. Comp. Cases June Advanced Postings (5/29/2014)
Posted on 29 May 2014 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the June 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

Strict AMA Guides WPI of Zero Percent Rebutted in Ortho/Psyche Case: Cal. Comp. Cases August Advanced Postings (8/20/2014)
Posted on 20 Aug 2014 by California Compensation Cases Staff

Here are the second and third batch of advanced postings for the August 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.... Read More

2011 Year in Review: The Top 10 Workers’ Compensation Events in California
Posted on 6 Dec 2011 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. The year 2011 has been noteworthy for many events in our workers’ compensation system and as much for events that did not occur. So this year, we will add a bonus – the Top Five Events In 2011 That Did Not Occur... Read More

California: Ogilvie Petition to Supreme Court Pending
Posted on 13 Sep 2011 by Richard M. Jacobsmeyer

The lengthy saga in the Ogilvie v W.C.A.B./City & County of San Francisco v W.C.A.B . will continue for at least a while longer as the Defendant in the case, C&CSF has file a Petition for Hearing in the Supreme Court seeking review of the 1st... Read More

Rebutting the DFEC Adjustment Factor: Ogilvie Revisited: Contra Costa County v. WCAB (Dahl)
Posted on 18 Oct 2015 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. In order to understand Contra Costa County v. Workers’ Comp. Appeals Bd. (Dahl) , 240 Cal.App.4th 746 , 80 Cal. Comp. Cases – [ 240 Cal.App.4th 746 ], it is important to first understand the facts of the case. ... Read More

Missouri Second Injury Fund: Is It Time to Re-Define Disability?
Posted on 25 Jan 2013 by Martin Klug

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions... Read More

Missouri: Commission Douses ‘Pants on Fire’ Defense
Posted on 28 Sep 2012 by Martin Klug

Claimant “routinely exaggerated the nature and extent of his conditions and disabilities, and was less than fully truthful regarding his low back problems,” according to the administrative law judge, but the Commission reversed a denial of... Read More

Deposition Procedures Not Required for Vocational Expert Interviews: Cal. Comp. Cases September Advanced Postings (8/29/2014)
Posted on 29 Aug 2014 by California Compensation Cases Staff

Here’s the first batch of advanced postings for September 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

Missouri Second Injury Fund: Is It Time to Re-Define Disability?
Posted on 25 Jan 2013 by Martin Klug

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions... Read More

Black Mold Aggravates Applicant’s Pre-Existing Asthma: Cal. Comp. Cases February Advanced Postings (2/13/2014)
Posted on 14 Feb 2014 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the February 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... Read More

Vocational Expert Failed to Conduct Research or Labor Market Survey: Cal. Comp. Cases December Advanced Postings (11/22/2013)
Posted on 23 Nov 2013 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the December 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights... Read More

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier
Posted on 20 Oct 2011 by Martin Klug

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award... Read More

California: How to Prove a LeBoeuf Rebuttal
Posted on 26 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

New Clues on Applying an Ogilvie III Analysis in a DFEC Rebuttal Case In a recent panel decision of Dahl v. Contra Costa County (ADJ1310387) issued on May 18, 2012, the WCAB commissioners shed some light on how to apply an Ogilvie III analysis in a... Read More

Missouri: Commission Douses ‘Pants on Fire’ Defense
Posted on 28 Sep 2012 by Martin Klug

Claimant “routinely exaggerated the nature and extent of his conditions and disabilities, and was less than fully truthful regarding his low back problems,” according to the administrative law judge, but the Commission reversed a denial of... Read More