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California: Stuntman Held to Be Special Employee – Exclusive Remedy Bars Civil Action, Ogilvie Oral Argument Set

The Second District Court of Appeal has upheld the dismissal of a civil action stemming from a claim for personal injuries sustained by a stunt man while performing a risky stunt while rehearsing for a film. In Angelotti v The Disney Company et al , the Court held the stunt man was an special employee...

California: The Ogilvie DCA Decision: Is Algebra Out and LeBoeuf In?

By Robert G. Rassp, Esq. On July 29, 2011, the First District Court of Appeal issued its long awaited decision on Wanda Ogilvie vs. WCAB . The decision reverses the WCAB en banc decision and remands the matter back to the WCAB to determine whether Ogilvie effectively rebutted the application of the...

California: Did You Know? There’s More to the Ogilvie Case Than You Think!

On July 29, 2011, the California Court of Appeal, First Appellate District, issued its long awaited decision in Ogilvie v. Workers' Comp. Appeals Bd., which reversed the WCAB en banc decision and remanded the matter back to the WCAB to determine whether Ogilvie effectively rebutted the application...

California: Ogilvie Petition to Supreme Court Pending

The lengthy saga in the Ogilvie v W.C.A.B./City & County of San Francisco v W.C.A.B . will continue for at least a while longer as the Defendant in the case, C&CSF has file a Petition for Hearing in the Supreme Court seeking review of the 1st District’s rather confusing decision in its...

California: Ogilvie Petition to Supreme Court Pending

The lengthy saga in the Ogilvie v W.C.A.B./City & County of San Francisco v W.C.A.B . will continue for at least a while longer as the Defendant in the case, C&CSF has file a Petition for Hearing in the Supreme Court seeking review of the 1st District’s rather confusing decision in its...

Business Groups Evaluate California Governor’s 2011 Legislative Performance, Foresee Difficult Times Ahead for State’s Workers’ Comp System

Representatives of two pro-business Sacramento lobbyists expressed great satisfaction with Governor Brown’s 2011 performance in signing and vetoing workers’ compensation bills, but they foresaw difficult times for the state’s workers’ compensation system in 2012. “Governor...

Business Groups Evaluate California Governor’s 2011 Legislative Performance, Foresee Difficult Times Ahead for State’s Workers’ Comp System

Representatives of two pro-business Sacramento lobbyists expressed great satisfaction with Governor Brown’s 2011 performance in signing and vetoing workers’ compensation bills, but they foresaw difficult times for the state’s workers’ compensation system in 2012. “Governor...

California: Obtaining Substantial Evidence From Vocational Rehabilitation Experts in Ogilvie Cases

At a seminar during the recent DWC 19th Annual Educational Conference in Oakland, we heard opinions about interpreting Ogilvie , rating permanent disability, and rebutting the 2005 Permanent Disability Rating Schedule. Although Ogilvie did not give us definitive instructions on how to rate permanent...

California: Obtaining Substantial Evidence From Vocational Rehabilitation Experts in Ogilvie Cases

At a seminar during the recent DWC 19th Annual Educational Conference in Oakland, we heard opinions about interpreting Ogilvie , rating permanent disability, and rebutting the 2005 Permanent Disability Rating Schedule. Although Ogilvie did not give us definitive instructions on how to rate permanent...

California: Vocational Rehabilitation Experts

By Colleen S. Casey Copyright © 2012. All rights reserved. Reprinted with permission. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts. Parties continually struggle with how to best present...

California: Vocational Rehabilitation Experts

By Colleen S. Casey Copyright © 2012. All rights reserved. Reprinted with permission. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts. Parties continually struggle with how to best present...

California Labor Code Section 139.48 – The Return To Work Fund: What We Know and What We Don’t Know

By Robert G. Rassp, Esq. DISCLAIMER: This article was written before regulations have been proposed to implement the Return To Work Fund. You are encouraged to pay close attention to all rules and regulations promulgated by the DIR and WCAB to implement the $120,000,000 Return To Work Fund. As...

California Labor Code Section 139.48 – The Return To Work Fund: What We Know and What We Don’t Know

By Robert G. Rassp, Esq. DISCLAIMER: This article was written before regulations have been proposed to implement the Return To Work Fund. You are encouraged to pay close attention to all rules and regulations promulgated by the DIR and WCAB to implement the $120,000,000 Return To Work Fund. As part...

California: A Radical/Diametrical Change in the Law of Apportionment

ACME STEEL v. WCAB (BORMAN): ANOTHER PUBLISHED DECISION FROM THE COURT OF APPEAL REMINDING US ONCE AGAIN THAT LABOR CODE §4663 IS A RADICAL/DIAMETRICAL CHANGE IN THE LAW OF APPORTIONMENT . Attention Lexis Online Subscribers: Citations link to Lexis Advance. For a list of citations that link to...

Vicodin Overdose, "Ogilboeuf", Same Sex Domestic Partner: Cal. Comp. Cases December Advanced Postings (12/22/2013)

Here’s the latest batch of advanced postings for the December 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 Foster City, The Cities...

Rebutting the DFEC Adjustment Factor: Ogilvie Revisited: Contra Costa County v. WCAB (Dahl)

By Robert G. Rassp, Esq. In order to understand Contra Costa County v. Workers’ Comp. Appeals Bd. (Dahl) , 240 Cal.App.4th 746 , 80 Cal. Comp. Cases – [ 240 Cal.App.4th 746 ], it is important to first understand the facts of the case. [Publisher’s Note: Citations link to lexis...

California: The Limited Use of Vocational Rehabilitation Evidence: The Shape of Things to Come Under Dahl

In Mesanovic v. Specialty Termite , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s finding that the applicant carpenter who suffered an industrial injury to his low back and psyche on 7/13/2007 did not rebut the diminished future earning capacity (DFEC) adjustment factor in the...