LexisNexis® Legal Newsroom
Accolades at Monterey

Well-deserved accolades were given this weekend in Monterey to some of California workers' comp's brightest stars. The occasion? The awards ceremony sponsored by the Executive Committee of the bar's Workers' Compensation Section. Held each year at the time of the state bar convention...

California WCAB Panel Concludes That 100% Loss Of Future Earning Capacity Is A Factor To Consider When Calculating Permanent Disability

By David Bryan Leonard, Esq. The panel decision of Clark Baldridge v. Swinerton, Inc./Zurich (ADJ 636377), 2010 Cal. Wrk. Comp. P.D. LEXIS 271 , highlights the role of consistency in the judicial process by recognizing that while law may change, long standing principles remain. In Baldridge , a...

California: Ogilvie Reversed – Confusion Reigns

The 1st District Court of Appeal has issued its decision in the combined cases of Ogilvie v W.C.A.B./ City and County of SF v WCAB reversing the W.C.A.B. en banc decision but upholding the concept of a rebuttable schedule. In its decision the Court specifically finds the W.C.A.B. exceeded its authority...

California: Court Upholds W.C.A.B. Ruling Excluding Medical Legal TD From Labor Code § 4656 Window

The 3rd Appellate District has resolved a one of the issues that has been frequently discussed but almost never raised (at least in my experience) regarding payment of TTD during the period between 4/19/2004 and 12/31/2007 when the first payment of TD triggered a 2 year window for payment of TTD benefits...

California: Keys to Proving Apportionment: The Bullet Proof List

The apportionment statutes were massively revised by the 2004 workers’ compensation reform package. However, apportionment was one of the only areas of the workers’ compensation law that did not get hit by the most recent reform legislation of SB 863. Nevertheless, over the past year, the...

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...

California: SB 863 Tweaks the Medical Provider Network Paradigm

Historical Perspective : Medical Provider Networks (MPN) came into being as part of the 2004 Workers’ Compensation Reform package set forth in Senate Bill 899. MPNs allowed employers to retain greater control over the medical treatment (MT) provided to injured workers, by allowing employers...

Will California Rank No. 1 in Nation for Highest Workers’ Comp Premium Rates?

Two years ago California ranked third in the nation in terms of the highest workers’ comp premium rates. In a webinar on April 10, 2014, WCIRB observed that, given the rate activity in the state from 2012 to 2013 and most likely continuing into 2014, California could have the highest—or close...

California: WCJ Sounds Off on UR/IMR Process - Loynachan v. County of Los Angeles

In Loynachan v. County of Los Angeles , ADJ7144283, the WCJ held that the applicant, who was permanently totally disabled as a result of a 10/1/2009 industrial injury, was entitled to continue receiving 24 sessions of behavioral psychotherapy each year for his mild traumatic brain and cognitive injury...

California: The Cannon Case: Permanent Objective Medical Diagnosis

Throughout the years, since the enactment of SB 899, all of the guidebooks have directed physicians and attorneys to focus on permanent objective medical conditions in order to determine whether that condition is ratable under the AMA Guides . Some people interpret the AMA Guides to stand for the proposition...

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...