By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board For readers who may not be familiar with the Workers’ Compensation...
The U.S. Department of Labor has issued new data showing California's State Average Weekly Wage (SAWW) edged down 0.48 percent from $1,650 to $1,642 in the 12 months ending March 31, 2023. As a result...
CALIFORNIA COMPENSATION CASES Vol. 88, No. 11 November 2023 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...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Nearly two decades ago Senate Bill 899 was enacted and ushered in a...
LexisNexis has selected some recently issued noteworthy IMR decisions that illustrate the criteria that must be met to obtain authorization for a variety of different medical treatment modalities. LexisNexis...
In the just-issued Wilson v. Kohls Department Store (Board Panel Decision), the WCAB adopted most of the WCJ’s Report and Recommendation, but it omitted adopting the heavy critique of Dept. of Corrections & Rehabilitation v. WCAB (Fitzpatrick) (2018) 27 Cal. App. 5th 607, 83 Cal. Comp. Cases 1680, and Applied Materials v. WCAB (2021) 64 Cal. App. 5th 1042, 86 Cal. Comp. Cases 331. Most notably, the WCAB adopted the following analysis:
Specifically, the correct interpretation of law regarding DFEC rebuttal for dates of injury on or after January 1, 2013 is as follows:
Reminder: Panel decisions are not binding precedent.