LexisNexis® Legal Newsroom
Cal. Comp. Cases April Advanced Postings 3/31/2010

Here’s the first advanced posting for the April 2010 issue of Cal. Comp. Cases. Lexis subscribers can link to the case below. City of Anaheim, PSI, Petitioner v. Workers' Compensation Appeals Board, James B. Ott, Respondents 75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 33 Cumulative...

Cal. Comp. Cases October Advanced Postings (10/20/2010)

Here is the fourth batch of advanced postings for the October 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the full headnotes and summaries. Ruzan Charkchyan, Petitioner v. Workers' Compensation Appeals Board, Glendale Unified School District, PSI...

Cal. Comp. Cases March Advanced Postings (3/17/2011)

Here’s the third batch of advanced postings for the March 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. City and County of San Francisco, PSI, Petitioner v. Workers' Compensation Appeals Board, Yolanda Smith ...

Five Recent Cases You Should Know About (3/18/2011)

Larson's Spotlight on Subsequent Injury, Accidental Injury, Unexplained Injury, Collateral Source, and Defamation Suit . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

Cal. Comp. Cases August Advanced Postings (8/18/2011)

Here’s the third batch of advanced postings for the August 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. City of Santa Clara, PSI, Petitioner v. Workers' Compensation Appeals...

Retroactive Prophylactic Restriction From Very Heavy Work Was Insufficient to Establish Pre-existing Disability: Cal. Comp. Cases February Advanced Postings (2/16/2012)

Here’s the third batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. Dennis Timmons , Petitioner v. Workers' Compensation Appeals Board, California Mens Colony, State Compensation...

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...

California WCMSA: Separate Settlements for Each Claim - The Benson Case

By Robert G. Rassp, Esq. Appellate review of California Labor Code Sections 4663 and 4664 on apportionment has mandated that physicians provide in their conclusions with reasonable medical probability approximately what percentage of permanent disability or impairment is directly caused by each industrial...

California WCMSA: Separate Settlements for Each Claim - The Benson Case

By Robert G. Rassp, Esq. Appellate review of California Labor Code Sections 4663 and 4664 on apportionment has mandated that physicians provide in their conclusions with reasonable medical probability approximately what percentage of permanent disability or impairment is directly caused by each industrial...

South Dakota: Cumulative Trauma Doctrine Applies to Date of Injury, Not Date of Last Compensation Payment

The Supreme Court of South Dakota, affirming a trial court’s decision, agreed that the three-year statute of limitations set forth in SDCL 62-7-35.1 barred a claim where the injured employee’s report of accident occurred in 2000, the claim was accepted, the employer's last payment of...

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...

Defendant Improperly Terminated Home Health Care Provided Since 2007: Cal. Comp. Cases May Advanced Postings (5/6/2015)

Here’s the third batch of advanced postings for May 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. Lions Raisins, aka Lions Raisins Packing...

California: Multiple Carrier Cumulative Trauma Injury: QME Report Strategy Risks

In Chanchavac v. LB Industries, Inc. , 2015 Cal. Wrk. Comp. P.D. LEXIS 516 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 516 (Lexis Advance), the WCAB, denying removal, held that the co-defendant Sentry Insurance was entitled to obtain its own panel qualified medical evaluator report in connection with...

California: WCAB Had Jurisdiction to Determine NBA Player’s Cumulative Trauma Claim

In spite of the fact that an NBA player was employed by a California professional basketball team for only one month at the end of his three-year career (1981–1984), and played in only four regular season games (and associated practice sessions) during that career—all with teams headquartered...

California Workers’ Compensation Case Roundup (2/11/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 1 January 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...

Oklahoma: 180-Day Employment Rule for Cumulative Trauma Injuries Is Unconstitutional

The Supreme Court of Oklahoma held that a provision in Okla. Stat. tit. 85A, § 2(14) that creates a condition precedent to the filing of a cumulative trauma claim—that the claimant must have completed 180 days of continuous active employment with the employer—is unconstitutional, since...