The Court of Appeal has ordered publication of a decision which confirms the application of Evidence Code 915 to discovery and privilege issues before the W.C.A.B. The Court had initially ordered the decision, Regents v W.C.A.B. (Lappi) , to not be published, but...
One of the most challenging issues for a Workers’ Compensation Judge (WCJ) is to decide how to weigh medical evidence for the most accurate determination. Which physician’s report is the more credible? Which diagnostic tool is the more accurate? Of...
CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 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 Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright...
Acknowledging that the trial court has substantial discretion in weighing the evidence, including the medical evidence, but noting as well that where all the medical evidence was in the form of deposition, the reviewing court analyzes the evidence without a presumption...
© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for the prior...
Medical experts need not be shown to be experts in the narrow field that a party contends is relevant to the issue in the case—here whether the deceased former employee’s esophageal cancer resulted from asbestos exposure—it was sufficient that the experts were...
Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative trauma to...
Here's the first batch of advanced postings for the upcoming September issue of California Compensation Cases. Lexis.com subscribers can link to the "writ denied" cases to read the complete headnotes and summaries. Interwoven, Inc., American Manufacturers...
Last fall, we issued a blog discussing Rule 8 CCR §10629 which sets forth the perimeters for filing exhibits in EAMS for trial. The rule requires that all parties create and serve a list of the exhibits they plan to offer as evidence at trial, preferably at the...
Larson's Spotlight on Workers' Comp Evidence in Social Security Disability Proceeding, Termination for Failure to Provide Notice of Injury, Workers' Comp Exclusion in UIM Policy, Employee Fraud, and Immigration Status and Suspension of Benefits. Larson's...
In Chirinos v. Heartwood Cabinet , No. ADJ2087163, the WCAB panel found that the applicant’s failure to submit to a physical examination by the panel QME did not render the panel QME’s reports inadmissible for purposes of this contribution proceeding...