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Cal. Comp. Cases September Advanced Postings (9/20/2010)

Here's the third batch of advanced postings for the September 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the full headnotes and summaries. Maria Bustamante, Petitioner v. Workers' Compensation Appeals Board, Kramvel Display, Redlands Insurance...

MO: Smoker Awarded PTD for Lung Disease

The Commission awarded life-time benefits to a mechanic because of COPD and pleural fibrosis, caused by smoking cigarettes and working as a mechanic exposed to pipe insulation, smoke, dust and fumes for 32 years. Medical experts agreed that work and "many years" as a smoker both contributed...

California: So You Think You Know Who Has the Burden of Proof on Apportionment?

Prior to Senate Bill 899, the law was clear as to which party had the burden of proof on the apportionment issue. If defendant could not provide substantial evidence that there was either pre-existing PD or a progressive disease process, apportionment could not be found. In other words, it was unequivocally...

Green v. City of Los Angeles: Refresh of Apportionment

Rejection of the Black Box Approach By Charles Edward Clark, Esq. 1 INTRODUCTION In the years since E.L. Yeager Construction v. Workers' Comp. Appeals Bd. (Gatten) (2006) 145 Cal.App.4th 922 [ 71 Cal.Comp.Cases 1687 ], apportionment analysis has been plagued by the “black box”...

California: Whose Burden Is It, Anyway?

With all of the changes in the law the last few years, practitioners are finding it more difficult to determine which side has the burden of proof. Once determined, they have a difficult time finding the appropriate evidence needed to meet this burden. Set forth below is a summary of recent Noteworthy...

Medical Evidence Alone of Inability to Compete in Open Labor Market Could Not Rebut Permanent Disability Rating: Cal. Comp. Cases October Advanced Postings (10/10/2014)

Here’s the third batch of advanced postings for the October 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Sonia Morris , Petitioner v. Workers'...