LexisNexis® Legal Newsroom
Guzman III, The DCA Speaks

On February 3, 2009, the WCAB issued its first en banc decision in Almaraz-Guzman I, 74 Cal. Comp. Cases 201. Upon reconsideration, on September 3, 2009, the WCAB issued its second opinion in Almaraz-Guzman II, 74 Cal. Comp. Cases 1084. On August 19, 2010, the 6th appellate district court of appeal issued...

Is There a Doctor in the House? Oh, an ALJ Will Do

Pella Corporation v. Bernstein , No. 2010-CA-000171-WC (Ky. App. 2010). An ALJ has the discretion to apportion an AMA Guides impairment rating between more than one injury even in the absence of specific medical testimony on apportionment. Employee Bernstein filed a claim for benefits alleging a variety...

The Blackledge Case – The Division of Labor Between the Doctor, the Judge, the DEU Rater and You

On June 3, 2010, the WCAB issued its en banc decision in Cynthia Blackledge vs. Bank of America, 75 Cal. Comp. Cases 613 . The WCAB decision is the first published appellate decision since the reforms of SB 899 which modernize and describe the division of labor between the doctor, the judge, the DEU...

Texas Appeals Panel Decision Nos. 100234 and 100264 – AMA Guides

By Stuart D. Colburn, Shareholder, Downs Stanford Appeals Panel Decision No. 100234 – AMA Guides The Claimant sustained a compensable low-back injury. He underwent spinal surgery, suffered an infection, and underwent numerous surgeries in an attempt to remove the infection. He ended up developing...

Between a Rock and a Hard Place: Permanent Total Disability Under California Labor Code Section 4662

By Robert G. Rassp, Esq. Once in a while, the powers that be allow us to be “applicant oriented” in our articles and this is one of them. We try to be neutral in most of our articles and books but sometimes the intoxicating effect of writing gets the most of us. Warning to applicant’s...