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Green v. City of Los Angeles: Refresh of Apportionment

Rejection of the Black Box Approach By Charles Edward Clark, Esq. 1 INTRODUCTION In the years since E.L. Yeager Construction v. Workers' Comp. Appeals Bd. (Gatten) (2006) 145 Cal.App.4th 922 [ 71 Cal.Comp.Cases 1687 ], apportionment analysis has been plagued by the “black box”...

California Workers' Comp Case Roundup (6/14/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 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 2014 LexisNexis. All rights...

New Jersey: State High Court Says Telecommuter's Death Was Not Causally Related to Her Work

The Supreme Court of New Jersey reversed an award of workers' compensation death benefits to the surviving spouse of an employee who died as a result of an embolism she suffered after working through the night on a work-related project at her home. The deceased employee, who had a telecommuting agreement...

The Perpetual Additur: A Short Survey of Delaware IAB Decisions Seeking Additional Body Parts

I almost titled this post “Two out of Three Ain’t Bad” after one of my all-time favorite songs by Meat Loaf. What is it about work comp and what I would call the “perpetual additur”? That vexing habit of the injured worker and the claimant bar (and the treating docs) to...

Christina’s World…… and the Ever-Generous Delaware Causation Threshold

Today’s case du jour is inspired by Fred Freibott’s daughter Christina. She was Ivy League (field hockey) Player of the Week last week and has now been profiled in Sports Illustrated. Not only is she a hockey player par excellence, she is pre-med at Columbia. Fred has much to be proud of...

Illinois: Where Trier of Fact Believes Employer’s Non-Pretextual Reason for Discharge, Employee Fails to Carry His or Her Burden of Proof

The Supreme Court of Illinois held that in a retaliatory discharge action, the burden of proof is on the discharged employee to show that the employment was terminated and that the termination was in retaliation for the employee’s actions, that if an employer provides a reason for the employee’s...

Pennsylvania: Claimant Fails to Show Psychic Injury Resulted From Abnormal Conditions

In Pennsylvania, a claimant seeking benefits for a psychic injury must meet a higher standard for causation by proving that (a) he or she suffered a psychic injury; and (b) his or her psychic injury was more than a subjective reaction to normal working conditions. With that rule in mind, a divided state...

California: Rolda Reloaded: A Creative Approach to the Dual Causation Elements of the Rolda Multi-Level Analysis

In 2001, the WCAB issued its en banc decision in Rolda v. Pitney Bowes, Inc. (2001) 66 Cal. Comp. Cases 241 . Labor Code §3208.3 provides that in order for a psychiatric injury to be compensable, certain conditions must be satisfied. Labor Code §3208.3 also contains a number of exemptions and...

Recent Developments Regarding the Scope and Application of the Zone of Special Danger Doctrine

By Mark A. Reinhalter, Counsel for Longshore, Office of the Solicitor, U.S. Department of Labor, Washington, D.C. More than ten years of engagement in Iraq and Afghanistan have produced considerable litigation under the Defense Base Act, 42 U.S.C.S. §§ 1651 -1654 (DBA), an extension of the...

Vermont Workers’ Compensation Update: January to March 2015

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Mercier of Williamstown, VT, has joined the staff at the Department as a Workers’ Compensation Specialist II. Ms. Mercier has an Associates of Science as a...

Compound Medications Not Found Reasonable and Necessary Under ACOEM Guidelines, MTUS: Cal. Comp. Cases April Advanced Postings (4/15/2015)

Here’s the fourth batch of advanced postings for April 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Frontline Medical Associates, Inc.,...

California Workers’ Comp Case Roundup (6/10/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 5 May 2015 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 2015 LexisNexis. All rights...

California: Top 25 Noteworthy Panel Decisions (January-June 2015)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2015. The list features a number of split-panel decisions, including bonus cases addressing the validity of untimely independent...

California Workers' Comp Case Roundup (7/3/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 6 June 2015 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 2015 LexisNexis. All rights...

Kentucky: ALJ’s Findings that Fatal Heart Attack Was Not Causally Linked to Employment Found Erroneous

Where uncontradicted evidence indicated that the deceased service center manager had been under extreme stress—on the day prior to the manager’s fatal heart attack he had been advised by an EPA representative that the service center’s gas tanks were not in compliance and would have...

California Workers’ Compensation: 2015 Year in Review

By Julius Young, Esq., Richard M. Jacobsmeyer, Esq., Barry D. Bloom, Co-Editors-in-Chief, Herlick, California Workers' Compensation Handbook This 2016 edition is the 35th edition of Herlick, California Workers’ Comp Handbook (hereinafter “Herlick”). The latest Herlick Handbook...

Have Yourself a Merry Little Waiver: Referral of Medical Treatment for UR Concedes Causation in Delaware

It is very fitting to feature a case involving UPS this time of year. I stumbled upon Paul Schneider v United Parcel Service , IAB#1283119 (12/1/15) and what makes this case a bit of a “re-gifting” is that it contains what most would think is a well-known and well established proposition...

California: Top 25 Noteworthy Panel Decisions (July–December 2015)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2015. The list features a number of decisions addressing the assignment and reporting of panel qualified medical evaluators...

Illinois: Claimant’s Self-Treatment of Foot Blister Does Not Break Chain of Causation

A claimant’s self-treatment in the form of lancing a blister on his foot with a sterilized needle was not an independent intervening act that would break the chain of causation between the work-related blister and a subsequent infection, held an Illinois appellate court, reversing a finding by...

Applicant’s Two Injuries Combined Met Requisite 51 Percent Causation Standard for Compensable Psychiatric Injury: Cal. Comp. Cases May Advanced Postings (5/10/2016)

Here’s the latest batch of advanced postings for the May 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. State of California, Department...

Massachusetts: Judge Has Broad Discretion in Weighing Causation Evidence

The Massachusetts Industrial Accident Reviewing Board erred when it reversed an administrative judge’s decision that awarded benefits for a claimant’s left shoulder injury. The Board found that the judge had mischaracterized the findings of an impartial medical examiner (IME), who expressed...

Unresolved Lien Claims to Be Heard at Lien Trial Regardless of Whether Lien Was Listed on Declaration of Readiness: Cal. Comp. Cases June Advanced Postings (5/26/2016)

Here’s the latest batch of advanced postings for the June 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. David Payne, M.D., Petitioner v...

New York: Medical Testimony as to Possible Causes of Heart Attack Did Not Meet Evidentiary Standard

The New York Workers’ Compensation Board erred when it found that a corrections officer's work activities were causally connected to his myocardial infarction where the employer’s medical expert opined that the infarction was not caused by work-related physical activity, but instead was...

Request for Additional Information Extended Time to Issue Utilization Review Determination: Cal. Comp. Cases June Advanced Postings (6/15/2016)

Here’s the latest batch of advanced postings for the June 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. Rachel Wells, Petitioner v. Workers'...

Missouri: Split Supreme Court Awards Bills on Hypertensive Event

The Missouri Supreme Court reversed a denial of benefits in a divided 4-3 opinion and found there was sufficient evidence in an expert’s written report to find medical causation, despite the fact the ALJ, the Commission, and the Court of Appeals found the specific opinion about causation to be...