By Thomas A. Robinson, Co-Editor-in-Chief, Workers’ Compensation Emerging Issues Analysis (LexisNexis) As we move through the third decade of the twenty-first century, the United States remains...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Industrially injured workers in California are entitled to receive...
CALIFORNIA COMPENSATION CASES Vol. 88, No. 9 September 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 It is well-settled law that federally recognized Indian Tribes have...
By Hon. Robert G. Rassp Disclaimer: The material and any opinions contained in this treatise are solely those of the authors and are not the opinions of the Department of Industrial Relations, Division...
The Corado panel decision involves an important procedural matter. Normally, expedited hearings can only be set when liability for an injury is accepted. The exception is when a DOR for an expedited hearing is filed in a dispute over the selection of a panel QME or treating physician under Labor Code section 5502(b)(3). The Appeals Board in Corado makes it clear that Rule 10782 and the Policy and Procedure Manual are inconsistent with the statute. So if a dispute arises in a denied injury case over the selection of a panel QME under Labor Code section 4060, the judge has to make a record and the matter can proceed to the expedited hearing on that issue. Read the decision (see PDF below).
Reminder: Panel decisions are not binding precedent.