Workers' Compensation

Recent Posts

California: How Physicians Can Provide the Most Accurate WPI Rating Under the AMA Guides
Posted on 12 Mar 2015 by Robert G. Rassp, Esq.

In Ramirez v. Space Lok, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS 9 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 9 (Lexis Advance), the WCAB rescinded the WCJ’s finding that the applicant, a machine operator, incurred 36 percent permanent disability... Read More

California: Rating Impairments That Are Missing From the AMA Guides
Posted on 8 Sep 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

Attention Lexis Online Subscribers: Case citations link to lexis.com. Bracketed case citations link to Lexis Advance. In the recent WCAB panel decision of Cannon v. City of Sacramento, (2012) 2012 Cal. Wrk. Comp. P.D. LEXIS 615 [ 2012 Cal. Wrk. Comp... Read More

California: Direct Injuries vs. Compensable Consequences
Posted on 29 Mar 2017 by Calif. WCAB Noteworthy Panel Decisions Reporter

The Importance of Knowing the Difference Between Direct Injuries and Compensable Consequences For dates of injury prior to 1/1/2013, injured workers were entitled to full workers’ compensation benefits for injuries to all body parts, regardless... Read More

Complex Regional Pain Syndrome as a Central Nervous System Disorder
Posted on 28 Nov 2014 by Robert G. Rassp, Esq.

A case study from California A case handled by this author involved the diagnosis of Complex Regional Pain Syndrome (CRPS) from a lower extremity industrial injury. The WCAB upheld a trial judge’s decision that a WPI rating can exceed the maximum... Read More

AMA Guides Are for Determining Whole Person Impairment, Not Apportionment
Posted on 3 Feb 2017 by Raymond F. Correio

The AMA Guides under the California’s workers’ compensation system are for determining whole person impairment (WPI) and not apportionment under Labor Code §§ 4663 and 4664 In two separate cases, Caires v. Sharp Healthcare, 2014... Read More

California: The Cannon Case: Permanent Objective Medical Diagnosis
Posted on 5 Nov 2014 by Robert G. Rassp, Esq.

Throughout the years, since the enactment of SB 899, all of the guidebooks have directed physicians and attorneys to focus on permanent objective medical conditions in order to determine whether that condition is ratable under the AMA Guides . Some people... Read More

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

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

California: Combined Values Chart – Guide or Mandate?
Posted on 5 Sep 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

The Combined Values Chart (CVC) is included in the 2005 Permanent Disability Rating Schedule (PDRS) as the tool for parties to use to add impairments. The form of mathematics is a bit odd. Under the CVC, 30 + 20 = 44. And 80 + 30 = 86. Some have wondered... Read More

California: Elements for Rebuttal of a Strict Rating of the AMA Guides
Posted on 25 Sep 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

One of the primary goals and foundation of the workers’ compensation system is to provide adequate medical treatment for injured workers, enabling them to promptly return to their usual and customary jobs. Hence, it is not unusual for a worker to... Read More

Getting a Grip on the AMA Guides
Posted on 29 Oct 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases cited below. Subsequent to the passage of SB 899 in California, permanent disability is determined by using the American Medical Association’s Guides to the Evaluation of Permanent Impairment , Fifth... Read More

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition
Posted on 8 Jun 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases cited below. The AMA Guides generally disfavors grip loss as a measurement for rating a whole person impairment (WPI). (See AMA Guides Fifth Edition, page 508.) However, a series of recent WCAB panel decisions... Read More

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition
Posted on 8 Jun 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases cited below. The AMA Guides generally disfavors grip loss as a measurement for rating a whole person impairment (WPI). (See AMA Guides Fifth Edition, page 508.) However, a series of recent WCAB panel decisions... Read More

Getting a Grip on the AMA Guides
Posted on 29 Oct 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases cited below. Subsequent to the passage of SB 899 in California, permanent disability is determined by using the American Medical Association’s Guides to the Evaluation of Permanent Impairment , Fifth... Read More

CA: WCAB Issues En Banc on WPI and Formal PD Rating Instructions
Posted on 3 Jun 2010 by Robin E. Kobayashi

Blackledge v. Bank of America (en banc, 6/3/2010) The Appeals Board held that, in the context of determining whole person impairments (WPI) and issuing formal permanent disability rating instructions, the respective roles of the physician, WCJ, and... Read More