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The Rassp Report

The Rassp Report, a law blog Robert G. Rassp, Esq. Author, " Lawyer's Guide to the AMA Guides and California Workers' Compensation ," 2012 © Lexis Nexis/Matthew Bender & Co. Chairman of the Board of Directors, Friends Research Institute: www.friendsresearch.org Read...

California: Supreme Court Decides Start Date for Life Pension COLA Calculations

The California Supreme Court has issued its decision in Baker v W.C.A.B. (XYZZX) (previously Duncan v W.C.A.B.) finally determining the question pending since 1/1/03 with the passage of AB 749 and the amendment to Labor Code § 4659 providing for increases in the payments for life pensions as follows...

Cal. Comp. Cases August Advanced Postings (8/18/2011)

Here’s the third batch of advanced postings for the August 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. City of Santa Clara, PSI, Petitioner v. Workers' Compensation Appeals...

CWCI Finds Average TD Payments In California Workers’ Comp Are Up as TD Duration Increases

New CWCI data on temporary disability (TD) claim experience in California workers’ compensation since the enactment of 2004 reforms (SB 899) shows that average TD benefit payments and paid TD days have been increasing in recent years, with average TD paid 12 months after the initial payment on...

California EAMS: Proposed Changes to the WCAB Rules of Practice and Procedure - Dealing With Lien Claims

Lien claim procedures have always been a hot topic for workers’ compensation practitioners. Back in March, we issued a blog discussing the revisions to lien claim procedures in this new era of EAMS. Several regulations were discussed, including 8 CCR §10210 [y] and §10770 which set forth...

California: Depositions, Anyone?

By Robert G. Rassp, Esq. Recently, a defense attorney took the deposition of an Applicant who had filed two claims – an admitted specific injury and a denied cumulative trauma case. The deposition itself went smoothly (no one overtly lied about anything) but at the end of the deposition, the...

Cal. Comp. Cases September Advanced Postings (9/22/2011)

Here’s the fourth batch of advanced postings for the September 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Miguel Flores , Petitioner v. Workers' Compensation Appeals Board...

Cal. Comp. Cases September Advanced Postings (9/22/2011)

Here’s the fourth batch of advanced postings for the September 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Miguel Flores , Petitioner v. Workers' Compensation Appeals Board...

California: W.C.A.B. Provides Guidance on AME/QME Request Process Timing Issues

If there was ever a question the medical legal process in workers’ compensation has become concerned with tactical minutia rather than dealing with substantive issues in the day to day comp practice, the W.C.A.B.’s en banc opinion in Tsegay Messele v. Pitco Foods, Inc.; California Insurance...

California: W.C.A.B. Provides Guidance on AME/QME Request Process Timing Issues

If there was ever a question the medical legal process in workers’ compensation has become concerned with tactical minutia rather than dealing with substantive issues in the day to day comp practice, the W.C.A.B.’s en banc opinion in Tsegay Messele v. Pitco Foods, Inc.; California Insurance...

Cal. Comp. Cases October Advanced Postings (9/29/2011)

Here’s the first batch of advanced postings for the October 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Charter Oak Unified School District, PSI, York Insurance Services Group...

Cal. Comp. Cases October Advanced Postings (9/29/2011)

Here’s the first batch of advanced postings for the October 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Charter Oak Unified School District, PSI, York Insurance Services Group...

Calif. WCAB Jurisdiction vs. Alternative Dispute Resolution: Cal. Comp. Cases October Advanced Postings (10/6/2011)

Featured Case of the Week: Calif. WCAB Jurisdiction vs. Alternative Dispute Resolution In TIG Insurance Company, insurer for Stumbaugh & Associates, Inc., Petitioner v. Workers' Compensation Appeals Board, State Compensation Insurance Fund (Judy La Touf, aka Jody Latouf), Respondents , 2011...

Calif. WCAB Jurisdiction vs. Alternative Dispute Resolution: Cal. Comp. Cases October Advanced Postings (10/6/2011)

Featured Case of the Week: Calif. WCAB Jurisdiction vs. Alternative Dispute Resolution In TIG Insurance Company, insurer for Stumbaugh & Associates, Inc., Petitioner v. Workers' Compensation Appeals Board, State Compensation Insurance Fund (Judy La Touf, aka Jody Latouf), Respondents , 2011...

The Thin Line Between Horseplay and the Initial Physical Aggressor Defense

A recent California case with a wild factual scenario provides guidance on the important factual distinctions between horseplay and the initial physical aggressor defense California Labor Code Section 3600 sets forth a number of conditions that must be met before an employer has liability for an injury...

The Thin Line Between Horseplay and the Initial Physical Aggressor Defense

A recent California case with a wild factual scenario provides guidance on the important factual distinctions between horseplay and the initial physical aggressor defense California Labor Code Section 3600 sets forth a number of conditions that must be met before an employer has liability for an injury...

California: The PQME Process Runs Amok - A Tragic-Comedy

By Robert G. Rassp, Esq. This story is true. The names were changed to protect the guilty. This story is a great example of what is wrong with the panel QME process under Labor Code sections 4062.1 and 4062.2. There are many cases where claims administrators are paying for medical reports and deposition...

California: The PQME Process Runs Amok - A Tragic-Comedy

By Robert G. Rassp, Esq. This story is true. The names were changed to protect the guilty. This story is a great example of what is wrong with the panel QME process under Labor Code sections 4062.1 and 4062.2. There are many cases where claims administrators are paying for medical reports and deposition...

California: W.C.A.B. Limits Application of Messele Decision

After seeking input on its Notice of Intent to limit application of the Messele decision prospectively, and getting none, the W.C.A.B. has confirmed its decision to limit the application of its holding. The W.C.A.B. has, in a decision which issued yesterday as follows: To cases where a QME panel...

California: Follow the Rules When Petitioning for Reconsideration

Lexis.com subscribers can link to the cases and rules cited below. A petition for reconsideration is an extremely valuable tool for ensuring that a workers’ compensation administrative law judge (WCJ) has made the correct determination during the course of a workers’ compensation proceeding...

California: The Right to Select the Specialty of the Panel QME: Whose Choice Is It Anyways?

Lexis.com subscribers can link to the citations below. Prior to the passage of Senate Bill 899, both sides maintained the right to select their own QME. Inherent in the use of “battling QME’s” was also the right to decide what type of specialist a party would utilize. Where a back...