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California: Judicial Factors of Consideration in Assessing Substantial Causation of Injury From Good Faith Personnel Actions

David Bryan Leonard, Esq. In San Francisco Unified School District v. W.C.A.B. (2010) 190 Cal. App. 4th 1, [ 117 Cal. Rptr. 3d 824, 2010 Cal. App. LEXIS 1943 ] , the Court concluded that all injurious factors, industrial and non-industrial, must be considered by the Court when determining whether...

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...

Many Work-related Disabilities Go Uncompensated: Compromising "The Great Compromise"

By John Stahl, Esq. Evidence that many workers’ compensation claimants have not received payments under “The Great Compromise” – the bargain that traded the right to sue employers regarding employment-related harm for the right to timely and appropriate benefits – has...

A Call For Workers' Compensation Reform - Compromising The Great Compromise: Many Work-Related Disabilities Are Uncompensated

By John Stahl, Esq. Evidence that many workers’ compensation claimants have not received payments under “The Great Compromise” – the bargain that traded the right to sue employers regarding employment-related harm for the right to timely and appropriate benefits – has...

California: Causation of Injury v. Causation of Disability

Lexis.com subscribers can link to the cases cited below . The issue of causation has been a central theme in many recent cases. However, given that there are two types of legal causation in the world of workers’ compensation, it’s easy for people to get confused. 1. Causation of Injury...