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CA: No Presumption of Compensability Despite Lack of Actual Notification of Denial of Claim

Tracy Wheeler v. OneLegacy Presumption of Compensability--Time to Deny Claim--WCAB, rescinding WCJ's finding that applicant/hospital services coordinator's claim for exacerbation of multiple sclerosis during period 8/2000 through 8/12/2008 was presumed compensable pursuant to Labor Code §...

Cal. Comp. Cases October Advanced Postings (10/13/2010)

Here's the third 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. Brunton Enterprises, Inc., SeaBright Insurance Company, Petitioners v. Workers' Compensation Appeals Board...

Five Recent Cases You Should Know About (5/13/2011)

Larson's Spotlight on Firefighters and Cancer, Medical Causation, Fact Finder, Spider Bite, and Fraud. 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 the list below....

Rebuttal of AMA Guides - Cal. Comp. Cases October Advanced Postings (10/21/2011)

Featured Case of the Week: Rebuttal of AMA Guides Riverfront Apartments, Illinois Midwest Insurance Agency, on behalf of Pennsylvania Manufacturers' Association Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Jose Oliveira , Respondents , 2011 Cal. Wrk. Comp. LEXIS 153...

Rebuttal of AMA Guides - Cal. Comp. Cases October Advanced Postings (10/21/2011)

Featured Case of the Week: Rebuttal of AMA Guides Riverfront Apartments, Illinois Midwest Insurance Agency, on behalf of Pennsylvania Manufacturers' Association Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Jose Oliveira , Respondents , 2011 Cal. Wrk. Comp. LEXIS 153...

Larson’s Spotlight on Recent Cases: Firefighter’s Rule Did Not Bar Tort Action Against Homeowner

Larson's Spotlight on Firefighter's Rule, UIM Coverage, Denial of Medical Treatment, and Presumption of Compensability. 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...

No Permanent Total Disability Found Based on AME and VR Expert Opinions: Cal. Comp. Cases April Advanced Postings (3/29/2012)

Here’s the first batch of advanced postings for the April 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Beverly Binstock, Petitioner v. Workers' Compensation...

90-Day Presumption of Compensability Doesn’t Apply to Jurisdiction Issues: Cal. Comp. Cases June Advanced Postings (6/4/2013)

Here’s the second batch of advanced postings for the June 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Sergio Perez, Petitioner v. Workers'...

Presumption of Cancer 3.5 Years Post-Employment: Cal. Comp. Cases September Advanced Postings (9/5/2013)

The following are advanced postings for the September 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. City of Fresno, PSI, c/o AARLA, Petitioner v...

Vickers Decision: Inapplicability of Sec. 20(a) Presumption to Secondary Conditions Under the LHWCA

By Monica F. Markovich and Krystal L. Layher, Brown Sims, P.C., Houston, Texas Attention Lexis Online Subscribers: Citations link to Lexis Advance. Lexis.com links can be found at the end of this article . Should the Section 20(a) presumption linking an injury to a claimant’s employment apply...

The Role of Presumptions Within the Workers’ Compensation Arena

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. At the core of the American system of workers’ compensation law is the grand bargain struck between...

New Study Shows Correlation (But No Direct Causal Link) Between Firefighting and Cancer

It is axiomatic that firefighting is a hazardous occupation. But should the more insidious risk of developing cancer be added to list of more obvious hazards faced? Building on previous research that seems to point in this direction, a recent study, Mortality and cancer incidence in a pooled cohort of...

Virginia: Employee Sustaining Unexplained Fall Enjoys No Presumption of Compensability

A Virginia appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied benefits to an employee who sustained injuries when he fell from the bed of a pickup truck while delivering airplane parts for his employer. The employee, who apparently landed on his...

A is for Apportionment: How It Can Make or Break Your Case

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. It’s been a full decade since the 2004 enactment of SB899 turned California Labor...

PQME Report Successfully Rebutted Duty Belt Presumption: Cal. Comp. Cases March Advanced Postings (2/25/2015)

Here’s the first batch of advanced postings for March 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. Abraham Tokier (aka Abraham Tolkier),...

Virginia: Injured Worker With Amnesia May Not Utilize Unexplained Accident Presumption

The presumption of compensability found in Va. Code Ann. § 65.2–105 applies only when an injured worker is physically or mentally unable to testify; it does not apply, held a Virginia court, when the claimant cannot recall the circumstances of his injuries because he suffered from amnesia...

Applicant’s Perception of Job Stress Supported Compensable Industrial Injury in Form of Stroke: Cal. Comp. Cases July Advanced Postings (7/14/2015)

Here are the third and fourth batches of advanced postings for July 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. Acorn Engineering Company, Pacific...

New York: Fatal Embolism Found Compensable as Unexplained Death Under § 21(1)

A New York court affirmed a decision of the Workers’ Compensation Board that decedent’s death arose out of and in the course of his employment where the decedent collapsed and died while working as a dispatcher. Security videotape taken of the dispatch office on the night of decedent’s...

Decedent Entitled to Pursue Injuries to Body Parts Not Covered in Compromise and Release: Cal. Comp. Cases February Advanced Postings (2/3/2016)

Here’s another batch of advanced postings for the February 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. Johns Mansville, self insured...

Applicant May Obtain Second Opinion Physician If Applicant Disputed Diagnosis or Treatment Prescribed by Primary Treating Physician: Cal. Comp. Cases February Advanced Postings (2/18/2016)

Here’s the latest batch of advanced postings for February 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. Edward Bautista, Petitioner v....