LexisNexis® Legal Newsroom
California: Depositions, Anyone?

By Robert G. Rassp, Esq. Recently, a defense attorney took the deposition of an Applicant who had filed two claims – an admitted specific injury and a denied cumulative trauma case. The deposition itself went smoothly (no one overtly lied about anything) but at the end of the deposition, the...

California: The PQME Process Runs Amok - A Tragic-Comedy

By Robert G. Rassp, Esq. This story is true. The names were changed to protect the guilty. This story is a great example of what is wrong with the panel QME process under Labor Code sections 4062.1 and 4062.2. There are many cases where claims administrators are paying for medical reports and deposition...

California: The PQME Process Runs Amok - A Tragic-Comedy

By Robert G. Rassp, Esq. This story is true. The names were changed to protect the guilty. This story is a great example of what is wrong with the panel QME process under Labor Code sections 4062.1 and 4062.2. There are many cases where claims administrators are paying for medical reports and deposition...

Medications We Frequently See in Workers’ Comp Physician Reports

By Robert G. Rassp, Esq. The following chart lists the brand or common and chemical names of drugs we regularly see in our cases embedded in medical-legal reports, treating physician reports and subpoenaed medical records. Some physicians randomly use the brand names, and others use the chemical name...

Medications We Frequently See in Workers’ Comp Physician Reports

By Robert G. Rassp, Esq. The following chart lists the brand or common and chemical names of drugs we regularly see in our cases embedded in medical-legal reports, treating physician reports and subpoenaed medical records. Some physicians randomly use the brand names, and others use the chemical name...

2011 Year in Review: The Top 10 Workers’ Compensation Events in California

By Robert G. Rassp, Esq. The year 2011 has been noteworthy for many events in our workers’ compensation system and as much for events that did not occur. So this year, we will add a bonus – the Top Five Events In 2011 That Did Not Occur But Should Have in our workers’ compensation...

2011 Year in Review: The Top 10 Workers’ Compensation Events in California

By Robert G. Rassp, Esq. The year 2011 has been noteworthy for many events in our workers’ compensation system and as much for events that did not occur. So this year, we will add a bonus – the Top Five Events In 2011 That Did Not Occur But Should Have in our workers’ compensation...

How California Handles the WCMSA Process

There is a garden industry that has emerged since 1997 in California of companies who have become “WCMSA specialists”, promoting themselves as experts in developing WCMSA proposals that will pass muster with CMS. Most workers’ compensation legal practitioners who represent injured workers...

How California Handles the WCMSA Process

There is a garden industry that has emerged since 1997 in California of companies who have become “WCMSA specialists”, promoting themselves as experts in developing WCMSA proposals that will pass muster with CMS. Most workers’ compensation legal practitioners who represent injured workers...

Opiates, Up Close and Personal

By Robert G. Rassp, Esq. I lost a friend recently. He had an “accidental” overdose of fentanyl. He was 53 years old. He graduated with honors from Harvard Medical School and became a skilled plastic surgeon with a fellowship in hand surgery. He taught me about hands, elbows and CRPS, and...

Opiates, Up Close and Personal

By Robert G. Rassp, Esq. I lost a friend recently. He had an “accidental” overdose of fentanyl. He was 53 years old. He graduated with honors from Harvard Medical School and became a skilled plastic surgeon with a fellowship in hand surgery. He taught me about hands, elbows and CRPS, and...

Something for Everyone: The AMA Guides and the Central Nervous System

By Robert G. Rassp, Esq. AMA’s Guides to the Evaluation of Permanent Impairment , Fifth Edition, Chapter 13 on the central and peripheral nervous system, is one of the most important chapters in the Guides for our purposes as workers’ compensation attorneys. In most of our workers’...

Something for Everyone: The AMA Guides and the Central Nervous System

By Robert G. Rassp, Esq. AMA’s Guides to the Evaluation of Permanent Impairment , Fifth Edition, Chapter 13 on the central and peripheral nervous system, is one of the most important chapters in the Guides for our purposes as workers’ compensation attorneys. In most of our workers’...

Catching Up on Some Zs in California – Sleep Disorders

By Robert G. Rassp, Esq. Whole person impairment ratings for sleep disorders in Table 13-4, and the instructions for use on page 317 of the AMA Guides Fifth Edition have created conflicting WCAB panel decisions on whether a sleep disorder can exist as a stand-alone WPI rating or if it is limited to...

Catching Up on Some Zs in California – Sleep Disorders

By Robert G. Rassp, Esq. Whole person impairment ratings for sleep disorders in Table 13-4, and the instructions for use on page 317 of the AMA Guides Fifth Edition have created conflicting WCAB panel decisions on whether a sleep disorder can exist as a stand-alone WPI rating or if it is limited to...

The Real McCoy: Is a “Mental-Physical” Injury Compensable?

How the California 4th DCA Muddies the Water in County of San Bernardino vs. WCAB (McCoy) 203 Cal. App.4th 1469 , 138 Cal. Rptr.3d 328, 77 Cal. Comp. Cases 219 (2012) By Robert G. Rassp, Esq. An employee has a pre-existing history of migraine headaches. He gets a job with the County of San Bernardino...

The Real McCoy: Is a “Mental-Physical” Injury Compensable?

How the California 4th DCA Muddies the Water in County of San Bernardino vs. WCAB (McCoy) 203 Cal. App.4th 1469 , 138 Cal. Rptr.3d 328, 77 Cal. Comp. Cases 219 (2012) By Robert G. Rassp, Esq. An employee has a pre-existing history of migraine headaches. He gets a job with the County of San Bernardino...

National Workers’ Compensation & Disability Conference: A Special Benefit for LexisNexis Workers’ Compensation Law Community Members

LexisNexis has partnered with the National Workers' Compensation & Disability Conference ® ! Join your fellow LexisNexis Workers' Compensation Law Community members at this year’s National Workers' Compensation & Disability Conference ® , November 7 - 9 at the Las...

AMA Guides Tip: Understanding the DRE Gap

By Robert G. Rassp, Esq. There is significant confusion in the California workers' comp community about whether a spinal injury should fall into a DRE category I, II, or III. Carefully read the instructions in the AMA Guides Fifth Edition, Ch. 15, Sec. 15.3, p.383, where the authors distinguish...

AMA Guides Tip: Understanding the DRE Gap

By Robert G. Rassp, Esq. There is significant confusion in the California workers' comp community about whether a spinal injury should fall into a DRE category I, II, or III. Carefully read the instructions in the AMA Guides Fifth Edition, Ch. 15, Sec. 15.3, p.383, where the authors distinguish...

The WCMSA Conundrum in California

By Robert G. Rassp, Esq. The following email string is true, accurate and correct. It is a typical email string between an applicant’s attorney and a defense attorney. We all have cases like this in our inventories. In this case, the Applicant was a medical laboratory technologist who sustained...

The WCMSA Conundrum in California

By Robert G. Rassp, Esq. The following email string is true, accurate and correct. It is a typical email string between an applicant’s attorney and a defense attorney. We all have cases like this in our inventories. In this case, the Applicant was a medical laboratory technologist who sustained...

National Workers’ Compensation & Disability Conference: A Special Benefit for LexisNexis Workers’ Compensation Law Community Members

LexisNexis has partnered with the National Workers' Compensation & Disability Conference ® ! Join your fellow LexisNexis Workers' Compensation Law Community members at this year’s National Workers' Compensation & Disability Conference ® , November 7 - 9 at the...

New Seventh Edition of Rassp & Herlick, California Workers’ Compensation Law

The Seventh Edition of Rassp & Herlick, California Workers’ Compensation Law has a new look, a new format, and a new title. With workers’ compensation reform under SB 863 looming, we thought it would be timely to update, revise and restructure Rassp & Herlick from a treatise to a...

The Rassp Report

The Rassp Report, a law blog Robert G. Rassp, Esq. Author, " Lawyer's Guide to the AMA Guides and California Workers' Compensation ," 2015 © Lexis Nexis/Matthew Bender & Co. Chairman of the Board of Directors, Friends Research Institute: www.friendsresearch.org Read...