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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...

California: 3rd District Upholds Validity of IMR Process

The 3rd District Court of Appeals has issued its decision in Ramirez v W.C.A.B ., again upholding the constitutionality of the IMR process for review UR determinations and providing, perhaps, some addition nuggets for potential challenges on the W.C.A.B. decision in Dubon II ( Dubon v. World Restoration...

California Workers' Comp Case Roundup (4/11/2017)

CALIFORNIA COMPENSATION CASES Vol. 82 No. 3 Mar 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: Medicare Settlement Agreements: The Perils of Unanticipated Problems After Settlement

What exactly is the role of the WCAB, not to mention the parties to the C&R, in addressing unanticipated problems that come up with an MSA after settlement? In Muniz Villalpando v. Doherty Brothers , 2017 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion, rescinded the WCJ’s...

California: Revisiting Navarro: When Is A New Panel QME Required?

From the limited information in the record in Hasley v. Frito-Lay, Inc., 2017 Cal. Wrk. Comp. P.D. LEXIS --, it appears that applicant, pro per, sustained injury to one or both of her hands. She did not initially file a claim form but instead filed an application. That application apparently listed a...

California: 3rd District Rules Apportionment to Genetic Factors Permissible

The Court of Appeals in the 3rd District has issued a blockbuster opinion on apportionment in City of Jackson v W.C.A.B. (Rice) regarding the requirements for substantial medical evidence in worker’ compensation cases. In reversing the W.C.A.B., the Court laid out its analysis of why a QME’s...

California: Top 25 Noteworthy Panel Decisions (January through June 2017)

LexisNexis has selected some of the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2017. The list features a number of decisions addressing the issue of an employer’s right to credit against...

California: Exceptional Psyche Cases: Making the Right Decision at the Crossroads

Under Labor Code Section 4660.1(c)(1), psychiatric impairment that is the consequence of a physical injury is no longer generally compensable. Yet, no one disputes that injuries do produce significant psychiatric impairment. In any given case, if this is not added into the picture, it may result in an...

Hikida: A Seismic Change in Medical Treatment and Apportionment of Permanent Disability

The dilemma of determining apportionment of permanent disability arising directly from employer furnished medical treatment necessitated by both preexisting industrial and nonindustrial causes and conditions. In a decision certified for publication, the Court of Appeal in Hikida v Workers’ Comp...

California Workers’ Comp Case Roundup: 8/11/2017

CALIFORNIA COMPENSATION CASES Vol. 82 No. 7 July 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...