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...
By Christopher Mahon, LexisNexis Legal Insights Contributing Author A September 2024 study from the Workers Compensation Research Institute indicates that workers represented by an attorney in workers’...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board “Substantial Medical Evidence” is a ubiquitous catch-all phrase. When does it exist? When...
CALIFORNIA COMPENSATION CASES Vol. 90, No. 1 January 2025 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. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Cases of “first impression” seldom wander into our workers’ compensation world. When...
Here’s the latest batch of advanced postings for the September 2015 issue of Cal. Comp. Cases.
Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.
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St. Helena Hospital v. WCAB (Jones), lexis.com, Lexis Advance
Injury AOE/COE—Substantial Evidence—WCAB’s Duty to Develop Record—WCAB, in split panel decision, rescinded WCJ’s finding that applicant licensed vocational nurse did not suffer compensable cumulative trauma to her knees, and held that there was insufficient evidence in record to determine whether applicant incurred cumulative trauma injury AOE/COE, when panel majority found that opinion of panel qualified medical evaluator David Osborne, M.D., on which WCJ relied, did not constitute substantial evidence to support WCJ’s take-nothing order because…
SA Recycling LLC v. WCAB (Melendez), lexis.com, Lexis Advance
Injury AOC/COE—Development of Record—WCAB, reversing WCJ’s finding of no injury AOE/COE, remanded for WCJ to further develop record by directing parties to obtain substantial medical evidence on issue of causation of applicant’s injury, when WCAB found that…
Post-Termination Claims—Exceptions—WCAB reversed WCJ and held that applicant’s claim was not barred by Labor Code § 3600(a)(10) as post-termination claim, when WCAB found that...
Navarro v. WCAB, lexis.com, Lexis Advance
Employment Relationships—Employees vs. Independent Contractors—Taxicab Drivers—WCAB, in split panel decision, affirmed WCJ’s finding that applicant was independent contractor, not employee of defendant, on date he sustained injuries to multiple body parts, based on factors in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal. 3d 341, 256 Cal. Rptr. 543, 769 P.2d 399, 54 Cal. Comp. Cases 80, when…