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CA: WCAB Rejects Limitation of Deposition Questions When Applicant Claimed Psychiatric Injury

Quintella Eutsey v. City & County of San Francisco, PSI Discovery—Depositions—Psychiatric Injuries—WCAB, granting defendant ' s petition for removal, held that WCJ ' s order denying defendant ' s petition to compel deposition testimony impermissibly curtailed defendant...

CA: Employer's Management Representative Allowed to Attend Injured Worker's Deposition

Amador Padilla v. Los Angeles Metropolitan Transportation Authority, PSI Discovery--Depositions--Employer Representatives--WCAB, in a majority opinion, granted defendant's petition for removal from WCJ's order limiting type of employer representative allowed to attend deposition of applicant...

California: Presiding Judge Clarke of Salinas WCAB Issues Guidelines—Appropriate Reimbursable Amounts for Deposition Attorneys Fees

California: Presiding Judge Thomas Clarke of the Salinas WCAB Has Issued Guidelines Regarding Appropriate Reimbursable Amounts for Deposition Attorneys Fees Under Labor Code §5710 Effective December 13, 2010 Every few years, the presiding judge of the Salinas WCAB issues new voluntary guidelines...

MA: DIA Changes Fee Schedule For IMEs

Boston, MA (CompNewsNetwork) - On July 1, 2011, the Department of Industrial Accidents will institute in a new contract with its Impartial Medical Examiners pursuant to M.G.L. c. 152, §11A. Within that new contract the fees for conducting the deposition of an Impartial Examiner will be increased...

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...

Larson’s Spotlight on Recent Cases: Survivors of Deceased Employee Allowed to Bring Tort Action Against Uninsured Employer

Larson's Spotlight on Tort Action Against Uninsured Employer, Illegal Aliens, Benefits for Old Workers, and Non-Dependent Spouse. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has...

Defendant Gets to Select Interpreters for Depositions It Notices: Cal. Comp. Cases August Advanced Postings (8/9/2014)

Here’s the second batch of advanced postings for August 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Flavio Solano, Petitioner v. Workers'...

Does Violation of the QME Regulations Make a Report Inadmissible?

When policy, practice, and punishment collide and the art of discretion By Brad Wixen, Esq. In the case of Chaides v. The Kroger Company , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the Panel Qualified Medical Evaluator (QME) on the case evaluated the applicant several times and issued many supplemental...

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...