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California Apportionment: Three Separate Injuries Inextricably Intertwined Justified Combined Award

In Dileva v. Northrop Grumman Systems Corp., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB affirmed the WCJ’s joint award of 96 percent permanent disability for the applicant’s three separate injuries to his spine and psyche, without apportionment between the dates of injury pursuant...

New York: To Support Apportionment, Prior Condition Must Be Disabling, Not Just Symptomatic

A New York appellate court held it was error to apportion an injured worker’s permanent disability based on medical testimony that 10 percent of the impairment was due to a 2009 work-related injury and that the rest was due to a 1981 work-related injury where the worker returned to work after the...

California Workers’ Comp Case Roundup (4/6/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 3 March 2015 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 2015 LexisNexis. All rights...

California Workers’ Comp Case Roundup (5/5/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 4 April 2015 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 2015 LexisNexis. All rights...

Iowa: High Court Allows Apportionment for Prior Disability, Clarifies Earlier Ruling

Where an Iowa employee worked concurrently for employer A (“A”) and employer B (“B”), sustained compensable permanent injuries while working for A, received a permanent impairment award from A and, after ceasing employment with A, suffered an additional work-related injury working...

California: Top 25 Noteworthy Panel Decisions (January-June 2015)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2015. The list features a number of split-panel decisions, including bonus cases addressing the validity of untimely independent...

New York: Apportionment Denied Where Worker’s Ability to Perform Duties Was Not Affected by Preexisting Condition

Reiterating that under N.Y. Work. Comp. Law § 15(7), apportionment for a pre-existing condition is allowed only where the preexisting condition was not the result of a compensable injury and the claimant was able to effectively perform his or her job duties at the time of the work-related accident...

California: When to Hold Them and When to Fold Them? Apportionment In Ortho, Psyche, And Internal Cases

This article is a favor to the WCAB commissioners and is a call out to parties and trial judges to develop the record before a case gets to the appellate level. How many times have you been confronted with an “ortho, psyche, and internal” case in which either the psychiatrist or internist...

Georgia: “Fault” of Employer Can Be Considered in Plaintiff Employee’s Tort Action Against Third Party

Georgia’s apportionment statute, OCGA § 51-12-33(c) requires the trier of fact to consider the “fault” of all persons or entities that have contributed to the plaintiff’s alleged injury or damages, including nonparties. The fault of the nonparty must be considered even when...

Defendant Can’t Unilaterally Terminate Home Health Care Services Without Evidence of Change in Applicant’s Condition or Circumstances: Cal. Comp. Cases August Advanced Postings (8/5/2015)

Here are the first and second batches of advanced postings for the August 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Warner Brothers, Time...

California Workers’ Comp Case Roundup (9/2/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 8 August 2015 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 2015 LexisNexis. All rights...

Salesman’s Cigarette Break at Convenience Store Fell Within Personal Comfort Doctrine: Cal. Comp. Cases September Advanced Postings (9/15/2015)

Here’s the final 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. © Copyright 2015 LexisNexis. All rights reserved. Hartford Accident & Indemnity...

The Battle Over Reliable Expert Testimony: Florida Courts May Stop Using Daubert, But Not in Workers’ Compensation

By Jennifer C. Jordan, Esq., General Counsel, MEDVALL, LLC On December 4, 2015, the Florida Bar Board of Governors approved 33-9 the Code and Rules of Evidence Committee’s (CREC) recommendation to use the Frye standard for evaluating expert testimony rather than the Daubert standard adopted...

CWCI Continues Case Law Series With 2016 Update

The California Workers’ Compensation Institute (CWCI) will conduct a one-day case law seminar in May in both Long Beach and San Francisco to examine how recent trends in decisional law are reshaping California workers’ compensation and to discuss appropriate negotiation and defense strategies...

Vocational Expert Opinion Did Not Support 100 Percent Permanent Disability: Cal. Comp. Cases March Advanced Postings (3/9/2016)

Here’s the latest batch of advanced postings for the March 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Joe Navarro, Petitioner v. Workers'...

Massachusetts: Where Employer Has Two Comp Carriers, Claim Should Be Apportioned Between Them

Where an employer had two primary workers’ compensation insurance policies providing coverage for the same loss arising from injury to an employee and the employer notified only one of the insurers, who accordingly paid the claim, that insurer had a right of equitable contribution to ensure that...

Compensable Psychiatric Injury as a Result of Harassment by Co-Worker: Cal. Comp. Cases March/April Advanced Postings (3/24/2016)

Here’s the latest batch of advanced postings for Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. City of Santa Barbara, PSI, administered by JT2 Integrated...

California: Agreement Between Two Insurers Apportioning Liability Does Not Alter Nature of Joint and Several Obligation

Two workers’ compensation insurers were jointly and severally liable to pay workers’ compensation benefits regardless of a compromise agreement between the two insurers apportioning liability. Approval of the compromise agreement by the WCAB did not operate so as to alter the nature of their...

California Workers’ Compensation Case Roundup (3/31/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 3 March 2016 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 2016 LexisNexis. All rights...

Application for SIBTF Benefits Barred by Statute of Limitations: Cal. Comp. Cases April Advanced Postings (4/6/2016)

Here’s the latest batch of advanced postings for the April 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Deanna Pimes (aka Deanna Pimes...

New York Workers’ Compensation Trends and Developments for 2015

Many of the new developments in Workers’ Compensation Law and Practice in New York in 2015 were in the area of administrative and regulatory changes resulting from the Workers’ Compensation Board’s Business Process Re-engineering Project (BPR). There were very few legislative developments...

California: Labor Code Section 4662 and Vocational Experts

Labor Code Section 4662 was modified by the legislature in AB 1847 in 2014. Contrary to popular belief, it was not amended in SB 863. The older version of Section 4662, adopted in 2007, created the conclusive presumption of permanent total disability as follows: (Publisher’s Note: Citations...

Applicant’s Two Injuries Combined Met Requisite 51 Percent Causation Standard for Compensable Psychiatric Injury: Cal. Comp. Cases May Advanced Postings (5/10/2016)

Here’s the latest batch of advanced postings for the May 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. State of California, Department...

New York: Apportionment in Carpal Tunnel Syndrome Claim Deemed Inappropriate Under Facts

Where a union carpenter was employed by several different employers from 1998 through 2009 and, in 2010, he filed a claim for bilateral carpal tunnel syndrome caused by repetitive work, it was error for the Board to apportion 45 percent of the liability to an earlier employer since the carpenter was...

California: Top 25 Noteworthy Panel Decisions (January-June 2016)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2016. The list features a number of decisions addressing utilization review time deadlines and reporting requirements, several...