Workers' Compensation

Recent Posts

Workers' Comp Fraud Blotter (12/1/2011) – Real Housewives of Orange County Wannabe Pleads Guilty To Insurance Fraud Scam
Posted on 2 Dec 2011 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

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

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

Louisiana Workers’ Compensation Law Changes 2012
Posted on 28 Jun 2012 by Denis Paul Juge

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, The following is a summary of the 2012 legislative amendments to the Louisiana Workers’ Compensation Act. The major law changes were at the... Read More

California: Dahl Reversed, Ability to Be Rehabilitated Key to Rebuttal of PDRS
Posted on 25 Sep 2015 by Richard M. Jacobsmeyer

The First Appellate District has issued its much anticipated decision in Contra Costa County v W.C.A.B. (Dahl) today. The court reversed the W.C.A.B. decision awarding 79% permanent disability in reliance upon vocation testimony holding that the expert... Read More

FREE DOWNLOAD: Vesting of Vocational Rehabilitation Rights After Time to Appeal Expires (Calif. WCAB panel)
Posted on 27 Mar 2010 by LexisNexis Workers' Comp Law Newsroom Staff

Chekona Brown v. On Assignment/Lab Support Vocational Rehabilitation—Repeal of Labor Code § 139.5—Reinstatement of Services—WCAB held that applicant/admitting clerk with 11/14/2000 and 11/9/2000 injuries to her left ankle, foot... 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: 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

Dr. Richard Victor on the Workers' Compensation System's Elephant in the Room (Podcast Transcript)
Posted on 15 Dec 2011 by LexisNexis Workers' Comp Law Newsroom Staff

Note: This transcript of the Dr. Victor podcast has been partially edited. Steve Berstler: On this edition, Dr. Richard Victor, Executive Director of the Workers' Compensation Research Institute on the workers’ compensation systems Elephant... Read More

California: Labor Code §4660.1 Excludes Vocational Rehabilitation Evidence to Rebut the PDRS for Injuries Occurring On or After 1/1/13
Posted on 30 Jan 2018 by Christian Kerry

By: Christian P. Kerry, Esq. Introduction Labor Code §4660.1 (a), by its express terms, applies to all injuries occurring on or after January 1, 2013. It provides in pertinent part that in determining the percentages of permanent partial or... Read More

California: Vocational Rehabilitation Evidence May Be Used to Rebut the PDRS For Post 2012 Injuries
Posted on 30 Jan 2018 by Mark Gearheart

By: Mark Gearheart © Copyright Mark Gearheart 2018 January 8, 2018 Introduction : Recently some have argued that vocational rehabilitation evidence cannot be used to rebut the Permanent Disability Rating Schedule (hereinafter referred... Read More

New Study on Why Workers Settle Their Workers’ Comp Claims
Posted on 25 Feb 2013 by Robin E. Kobayashi

By Robin E. Kobayashi, J.D., LexisNexis Legal & Professional Operations, and Thomas P. Kieselbach, Esq., Cousineau McGuire Chartered, Minneapolis, MN The Minnesota Department of Labor & Industry’s (DLI) newly released survey on “... Read More

Applicant Had Vested Right to Vocational Rehabilitation, Statute of Limitations Tolled: Cal. Comp. Cases July Advanced Postings (7/4/2012)
Posted on 4 Jul 2012 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the July 2012 issue of Cal. Comp. Cases. subscribers can link to the case to read the complete headnotes and summary. © Copyright 2012 LexisNexis. All rights reserved. Los Angeles... Read More

Vermont Workers' Compensation Update: January to March 2016
Posted on 20 Apr 2016 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The Voice of The Department, Ellen Gonyaw, the receptionist, has retired after almost 9 years to move to Maine to open... Read More