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Cal. Comp. Cases March Advanced Postings (3/15/2011)

Here’s the second batch of advanced postings for the March 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and summaries. Francisco Costa , Petitioner v. Workers' Compensation Appeals Board, Ralph's Grocery Company,...

Cal. Comp. Cases April Advanced Postings (4/6/2011)

Here’s the second batch of advanced postings for the April 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. County of Los Angeles, PSI, adjusted by Tristar Irvine, Petitioner v. Workers' Compensation Appeals Board...

California Court of Appeals Closes Apportionment Loophole

The Court of Appeal has closed what could have ended up being an enormous loophole in Labor Code § 4663 with a decision reversing a W.C.A.B. opinion on apportionment and then ordering publication after the decision was initially ordered unpublished. In State Compensation Insurance Fund v W.C.A.B...

Apportionment and Fibromyalgia: California Workers' Comp Case Roundup (12/8/2011)

CALIFORNIA COMPENSATION CASES Vol. 76 No. 11 November 2011 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review © Copyright 2011 LexisNexis. All rights reserved. FEATURED CASE...

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...