Workers' Compensation

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California: Vocational Rehabilitation Experts
Posted on 17 Apr 2012 by Colleen Casey

By Colleen S. Casey Copyright © 2012. All rights reserved. Reprinted with permission. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts. Parties... Read More

Tags: vocational rehabilitation , vocational experts , permanent disability , discovery , AMA Guides , California workers compensation , Deposition , mandatory settlement conference , work product privilege , substantial medical evidence , Colleen Casey , Ogilvie v. W.C.A.B.

California: Obtaining Substantial Evidence From Vocational Rehabilitation Experts in Ogilvie Cases
Posted on 9 Mar 2012 by Connie Bastian

At a seminar during the recent DWC 19th Annual Educational Conference in Oakland, we heard opinions about interpreting Ogilvie , rating permanent disability, and rebutting the 2005 Permanent Disability Rating Schedule. Although Ogilvie did not give us... Read More

Tags: vocational rehabilitation , vocational experts , permanent disability , California , Connie Bastian , California workers compensation , reasonable medical probability , substantial evidence , Ogilvie , Colleen Casey , Ogilvie v. W.C.A.B.

Deputy Sheriff Found 100 Percent Disabled in Dueling Vocational Experts Case: Cal. Comp. Cases June Advanced Postings (6/12/2014)
Posted on 12 Jun 2014 by California Compensation Cases Staff

Here are the second and third batches 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.... Read More

Tags: vocational experts , California workers compensation , permanent total disabililty

The Unreliable Vocational Expert: Cal. Comp. Cases January Advanced Postings (1/16/2013)
Posted on 16 Jan 2013 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the January 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Guillermo... Read More

Tags: Case Law Developments , vocational experts , permanent disabililty , California workers compensation , diminished earning capacity

Sole Reliance on Applicant’s Lay Testimony on Medical Issue Was Erroneous: Cal. Comp. Cases April Advanced Postings (4/2/2015)
Posted on 2 Apr 2015 by California Compensation Cases Staff

Here are the first and second batches of advanced postings for the April 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... Read More

Tags: vocational experts , permanent disability , AME , lay testimony , California workers compensation , orthopedic injury , agreed medical examiner , psychiatric injury

California: Vocational Experts and Apportionment
Posted on 18 Mar 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

The Exception to Defendant’s Burden of Proof on Apportionment One of the most frequent issues pending before the WCAB lately has been how to handle apportionment to significant non-industrial causes when the applicant has successfully rebutted... Read More

Tags: vocational experts , Apportionment , California workers compensation , substantial evidence , burden of proof , Diminished Future Earning Capacity

Vocational Expert, Medical Evidence Supported 100% Permanent Total Disability: Cal. Comp. Cases November Advanced Postings (10/23/2012)
Posted on 24 Oct 2012 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the November 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. ... Read More

Tags: Case Law Developments , vocational experts , California workers compensation , permanent total disabililty

Lien Activation Fees En Banc Decision Denied Writ: Cal. Comp. Cases September Advanced Postings (9/20/2013)
Posted on 20 Sep 2013 by California Compensation Cases Staff

Here’s another batch of advanced postings for the September 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

Tags: vocational experts , liens , California workers compensation , apportionment of disability

California: The Limited Use of Vocational Rehabilitation Evidence: The Shape of Things to Come Under Dahl
Posted on 3 Dec 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Mesanovic v. Specialty Termite , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s finding that the applicant carpenter who suffered an industrial injury to his low back and psyche on 7/13/2007 did not rebut the diminished future... Read More

Tags: permanent disability rating schedule , VR , vocational rehabilitation , PDRS , vocational experts , DFEC , California workers compensation , Dahl , Diminished Future Earning Capacity , Ogilvie v. W.C.A.B.

Battle of Applicant and Defense Vocational Experts: Cal. Comp. Cases April Advanced Postings (3/26/2014)
Posted on 27 Mar 2014 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the April 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: vocational experts , California workers compensation , permanent disabiilty rating

Vocational Expert’s Opinion Did Not Rebut Scheduled Rating: Cal. Comp. Cases Advanced Postings (11/7/2016)
Posted on 7 Nov 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the Nov 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: vocational experts , California workers compensation , permanent disability rating

California: Presenting Evidence of the Vocational Expert Post SB 863
Posted on 25 Mar 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

Rebuttal of an injured worker’s “strict” permanent disability rating has consistently been one of the hottest topics in recent case law. See Milpitas v. WCAB (Guzman) (2010) 75 Cal. Comp. Cases 837 (lexis.com), 75 Cal. Comp. Cases 837... Read More

Tags: Dictionary of Occupational Titles , transferrable skills , labor market , vocational experts , whole person impairment , permanent disability , California workers compensation , fee schedule , WPI , SB 863 , substantial evidence

No Permanent Total Disability Found Based on AME and VR Expert Opinions: Cal. Comp. Cases April Advanced Postings (3/29/2012)
Posted on 30 Mar 2012 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the April 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. Beverly... Read More

Tags: Case Law Developments , attorney’s fee , vocational experts , California , presumption of compensability , Permanent Total Disability , Subsequent Injuries Benefits Trust Fund , California workers compensation , interlocutory order , serious and willful misconduct , agreed medical evaluator

CWCI Summarizes 2011 California Workers’ Comp Enacted Legislation
Posted on 18 Oct 2011 by California Workers' Compensation Institute

The California Workers’ Compensation Institute (CWCI) has completed a review of 2011 legislation signed by Governor Brown and flagged 20 workers’ compensation related bills that were enacted this year. They include: AB 55, Gatto: Extension... Read More

Tags: pain , vocational experts , California , firefighters , legislation , California workers compensation , body piercing , California Workers' Compensation Institute , CWCI , workers compensation legislation , compound drugs

No Basis for Apportionment When VR Expert’s Opinion Unrebutted: Cal. Comp. Cases August Advanced Postings (8/22/2012)
Posted on 22 Aug 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Giroux... Read More

Tags: Case Law Developments , injury aoe/coe , vocational experts , permanent disabililty , Jurisdiction , California workers compensation , course of employment , apportionment of disability , permanent total disabililty , new and further disability , arising out of employment