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California: The Right to Discovery vs. Privacy and Privilege

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative trauma to her arms & neck ending on January...

California: The Right to Discovery vs. Privacy and Privilege

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative trauma to her arms & neck ending on January...

California: Vocational Rehabilitation Experts

By Colleen S. Casey Copyright © 2012. All rights reserved. Reprinted with permission. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts. Parties continually struggle with how to best present...

California: Vocational Rehabilitation Experts

By Colleen S. Casey Copyright © 2012. All rights reserved. Reprinted with permission. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts. Parties continually struggle with how to best present...

Judge Properly Excluded Testimony of Undisclosed Witnesses at Trial: Cal. Comp. Cases April Advanced Postings (4/18/2012)

Here’s the fourth batch of advanced postings for the April 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Ace American Insurance Company (insurer for Waste Management...

California: Duty to Develop the Record vs. Mandate to Close Discovery

Lexis.com subscribers can link to the cases and statutes cited below . Judges are often forced to make a difficult choice. Should they exercise their duty to develop the record? Or should they follow the closure of discovery rule and proceed with the trial? In two recent panel decisions, the WCAB...

California: Discovery of Witness Statements

By Mark L. Kahn (Associate Chief Judge, Retired) Arbitrator/Mediator/Attorney - Altman, Lunche & Blitstein A review of the most recent cases on the subject of discovery of witness statements leads to the conclusion that witness statements taken by the attorney, at the attorney’s direction...

California: Discovery of Witness Statements

By Mark L. Kahn (Associate Chief Judge, Retired) Arbitrator/Mediator/Attorney - Altman, Lunche & Blitstein A review of the most recent cases on the subject of discovery of witness statements leads to the conclusion that witness statements taken by the attorney, at the attorney’s direction...

WCAB May Compel Applicant’s Evaluation by Vocational Expert: Cal. Comp. Cases May Advanced Postings (5/22/2013)

Here’s the fifth batch of advanced postings for the May 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Charles Holz, Petitioner v. Workers'...

California: Privilege Rules Clarified by Court of Appeal; Update on Stevens v. W.C.A.B.

The Court of Appeal has ordered publication of a decision which confirms the application of Evidence Code 915 to discovery and privilege issues before the W.C.A.B. The Court had initially ordered the decision, Regents v W.C.A.B. (Lappi) , to not be published, but with multiple requests for publication...

Deposition Procedures Not Required for Vocational Expert Interviews: Cal. Comp. Cases September Advanced Postings (8/29/2014)

Here’s the first batch of advanced postings for September 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. James Fetner, Petitioner v. Workers'...

California: Medical Lien Discovery Practice and In Camera Review

WCAB provides guidance on the discovery of corporate and financial documents and the right of privacy with respect to a medical lien In Garcia v. Arun Enterprises dba Subway , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel, granting the defendant’s petition for removal, reversed the WCJ’s...

Purchase of Accounts Receivable Not a Trade Secret: Cal. Comp. Cases December Advanced Postings (11/25/2014)

Here’s the second batch of advanced postings for December 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. Landmark Medical Management, Petitioner...

Physician Self-Referral Statute Doesn’t Apply to Inpatient Surgical Procedures (12/12/2014)

Here’s the third batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Warner Bros. Studio Facilities, Inc...

Defendant’s 39-Day Delay of $49K Settlement Payment Found Unreasonable: Cal. Comp. Cases February Advanced Postings (2/18/2015)

Here’s the fourth batch of advanced postings for February 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. Ace American Insurance Company (administered...

Settlement Not Binding When CMS Never Approved Medicare Set-Aside: Cal. Comp. Cases October Advanced Postings (9/24/2015)

Here’s the latest batch of advanced postings for the October 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Calvin Collins, Petitioner v...

California: Due Diligence Is the Key

I. How NOT to Request That the Record Be Developed In the Noteworthy Panel Decision (NPD) of Quintero v. PBC Holding Corporation dba Commercial Cleaning Systems , 2015 Cal. Wrk. Comp. P.D. LEXIS 610 [ 2015 Cal. Wrk. Comp. P.D. LEXIS 610 ], applicant, Ms. Quintero, was extremely disappointed after...

California: The Use of a Special Master in Complex Discovery Disputes

In Von Ritzhoff v. Ogden Entertainment Food Services , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s order appointing the applicant’s attorney as the special master assigned to monitor the depositions in the applicant’s workers’ compensation case. While the...