LexisNexis® Legal Newsroom
California: Is It the Defendant’s Job to Make Sure UR Has the Appropriate Treatment Records?

In McKinney v. Enterprise Rent-A-Car of San Francisco , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB reversed the WCJ’s finding that the defendant was liable for sanctions under Labor Code § 5813 for bad faith handling of requests for authorization (RFA) from the applicant’s treating...

Permanent Total Disability Award Upheld; Sub Rosa Videotape Disallowed on Procedural Grounds: Cal. Comp. Cases Advanced Postings (10/26/2016)

Here’s the latest batch of advanced postings for the November 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. Allegis Group, Aerotek Commercial...

California Workers' Comp Case Roundup (10/31/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 10 Oct 2016 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 CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All rights...

CWCI Study Highlights Differences Between Central Valley and Other California Workers’ Comp Claims

Oakland – A new California Workers’ Compensation Institute (CWCI) Regional Score Card finds that workers in California’s Central Valley have a distinctly different workers' comp claims experience than those from other regions in terms of notification and treatment lag times, mix...

California: Serious & Willful Misconduct: The Outlier Workers’ Compensation Issue

© Copyright 2016 LexisNexis. All rights reserved. (Publisher’s Note: Case citations link to Lexis Advance.) The majority of workers’ compensation trials these days seem to deal with injuries to the spine and how to accurately rate that impairment. But occasionally, an outlier issue...

Vocational Expert’s Opinion Did Not Rebut Scheduled Rating: Cal. Comp. Cases Advanced Postings (11/7/2016)

Here’s the latest batch of advanced postings for the Nov 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. Charles Edwards, Petitioner v. Workers'...

California: To Be or Not To Be Present: That Is The Question

When should a claim be dismissed for lack of appearance? In the case of Nunez v. Petrochem Insulation, Inc ., 2016 Cal. Wrk. Comp. P.D. LEXIS --, applicant alleged a CT injury ending in 2009. In April 2011 there was a “stipulation” signed in court that applicant did sustain injury, but...

California: Loss of Function Rating Prevailed Over Strict Anatomic Loss of Motion Rating

A recent case reflects how crucial it is for an evaluating or treating physician to point out all objective medical findings as a result of an industrial injury, and then there has to be a correlation between those objective medical findings and the ultimate WPI impairment rating. In Prell v. Cedar...

WCJ Erred in Not Applying Heart Presumption and Anti-Attribution Provisions: Cal. Comp. Cases Advanced Postings (11/9/2016)

Here’s the latest batch of advanced postings for the Nov 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. County of Riverside, PSI, Petitioner...

California Workers' Comp Case Roundup (12/6/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 11 Nov 2016 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 CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All rights...

California: The PQME Process and the Remote Medical-Legal Evaluation

What is the potential role of telemedicine when it comes to PQME evaluations? In Gonzales v. ABM Industries , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel, denying removal, affirmed the WCJ’s order instructing the Medical Director to replace the originally assigned qualified medical evaluator...

California: Do All Physicians Within the MPN Need to Be Specifically Designated?

How and when to make an argument By Brad Wixen, Esq. In Rivas v. North American Trailer , 2016 Cal. Wrk. Comp. P.D LEXIS 572 , Applicant sustained a clearly significant injury when a chain and hook struck him in the head, causing a loss of consciousness, skull fracture, five days of hospitalization...

California: Top 25 Noteworthy Panel Decisions (July through December 2016)

LexisNexis has selected some of the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2016. The list features a number of decisions addressing medical-legal issues such as assignment, selection and reporting...

California: Commonly Missed Regulations and Rules

Familiarity with the Labor Code and the WCAB/DWC regulations is a fundamental necessity for practicing workers’ compensation law in the State of California. Given this fact, it is surprising how many attorneys show up on the day of trial without knowing the applicable Labor Code section or regulation...

California Workers' Comp Case Roundup (1/20/2017)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 12 Dececember 2016 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 CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All...

California: When the “Date of Injury” Becomes a Moving Target

The California Labor Code distinguishes between two different types of industrial injuries, a specific injury and a cumulative trauma (CT) injury. This is not the case in other states where their law recognizes only specific injuries. However, there is great justification for allowing workers’...

CWCI Spotlights Workers’ Comp Claim Differences Between Bay Area and Other Regions

Oakland – A new California Workers’ Compensation Institute (CWCI) analysis finds that San Francisco Bay Area residents account for 17.5% of California job injury claims but only 15.4% of claim costs, and points to several reasons, including faster notifications and less delay in initial treatment...

CWCI Score Card Looks at Why San Diego Work Comp Claims Cost Less

Oakland – The California Workers' Compensation Institute (CWCI) has published its fifth Regional Score Card, providing detailed data on claims filed by workers from San Diego County for job injuries that occurred between 2005 and 2015. The Score Card, which features data from more than 154...

AMA Guides Are for Determining Whole Person Impairment, Not Apportionment

The AMA Guides under the California’s workers’ compensation system are for determining whole person impairment (WPI) and not apportionment under Labor Code §§ 4663 and 4664 In two separate cases, Caires v. Sharp Healthcare, 2014 Cal. Wrk. Comp. P.D. LEXIS 145 (WCAB panel decision...

California Workers' Comp Case Roundup (2/5/2017)

CALIFORNIA COMPENSATION CASES Vol. 82 No. 1 Jan 2017 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 CONTENTS OF THIS ISSUE © Copyright 2017 LexisNexis. All rights...

California Hearings and Electronic Testimony: The Cost of Convenience

In Simmons v. Just Wingin’ It, Inc., 2017 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s order requiring an out-of-state claims adjuster who administered the applicant’s temporary disability benefits in connection with his 9/22/2014 industrial right foot and ankle injury...

California: Negative Inference and Positive Presentation

Currying Judicial Discretion In Valdovinos v. Colormax Industries Inc., 2016 Cal. Wrk. Comp. P.D. LEXIS 676 , Applicant alleged primarily a continuous trauma injury based on some 30 years of employment because of exposure to chemicals. He suffered from diabetes and hypertension. (Note: Both of these...

California: Tricks of the Trade When Calculating Temporary Disability Rate

One of the primary benefits of California workers’ compensation is the payment of temporary disability (TD). Although not specifically defined in the California Labor Code, case law and customary usage has provided a sufficient perimeter for determining an injured workers’ temporary disability...

California Workers' Comp Case Roundup (3/10/2017)

CALIFORNIA COMPENSATION CASES Vol. 82 No. 2 Feb 2017 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 CONTENTS OF THIS ISSUE © Copyright 2017 LexisNexis. All rights...

California: SB 863: New Panel Decision on Psychiatric Disability for Violent Act

Rumors of the death of psychiatric permanent disability in post-1/1/2013 date of injury cases have been greatly exaggerated In Madson v. Michael J. Cavaletto Ranches, 2017 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s award of 39 percent permanent disability and instead awarded...