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California: Paradigm Shift?

The workers' comp community is abuzz with rumors about the impending comprehensive comp reform bill. I've not yet seen the bill (which could still be revised before it is introduced in print in the next week or so). But based on the summary in Workcompcentral.com that ran yesterday, if...

No Basis for Apportionment When VR Expert’s Opinion Unrebutted: Cal. Comp. Cases August Advanced Postings (8/22/2012)

Here’s the fourth batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Giroux Glass Inc., Indemnity Insurance Company of North...

California Workers’ Compensation Reform SB 863 Analysis: Permanent Disability Provisions

***WARNING: The following analysis is based on the 8/24/2012 and 8/27/2012 versions of SB 863. On 8/31/2012, the Legislature passed SB 863. Be sure to check the final version of SB 863 posted on the Legislature website.*** ***NOTE: Robert G. Rassp has written a 14-page article analyzing the 8/30/2012...

California Workers’ Compensation Reform SB 863 Analysis: Permanent Disability Provisions

***WARNING: The following analysis is based on the 8/24/2012 and 8/27/2012 versions of SB 863. On 8/31/2012, the Legislature passed SB 863. Be sure to check the final version of SB 863 posted on the Legislature website.*** ***NOTE: Robert G. Rassp has written a 14-page article analyzing the 8/30/2012...

California: Labor Code Section 4658d Not Applicable Where Employee Does Not Miss Time From Work

The 1st Appellate District has resolved one of the continuing controversial issues surrounding Labor Code § 4658 d (the 15% adjustment to PD created in SB 899) in its published decision in City of Sebastopol v W.C.A.B. (Braga) and in doing so resolved conflicting W.C.A.B. panel decisions to provide...

SB 863 and Permanent Disability: A Practitioner's Survival Guide to California Workers' Compensation Reform

HOT OFF THE PRESS! A new LexisNexis Emerging Issues Analysis article… Robert G. Rassp on SB 863 and Permanent Disability: A Practitioner's Survival Guide to California Workers' Compensation Reform, 2012 Emerging Issues 6614. Mr. Rassp, known for his incisive analysis and thought-provoking...

SB 863 and Permanent Disability: A Practitioner's Survival Guide to California Workers' Compensation Reform

HOT OFF THE PRESS! A new LexisNexis Emerging Issues Analysis article… Robert G. Rassp on SB 863 and Permanent Disability: A Practitioner's Survival Guide to California Workers' Compensation Reform, 2012 Emerging Issues 6614. Mr. Rassp, known for his incisive analysis and thought...

California: Legislature Passes SB 863

The State Legislature passed and forwarded to Governor Brown a historic workers’ compensation benefit increase and reform package on Friday, August 31, 2012 Presumably signing by the Governor is a certainty as the Governor’s office was reportedly closely following SB 863, strongly supported...

Pepsi or Coke? The Latest on COLA in California

When a workers’ compensation practitioner talks about the appropriate COLA, he is usually not discussing his favorite soft drink! Rather, Labor Code Section 4659 (c) indicates that certain awards of permanent disability shall be increased annually by something called the State Average Weekly Wage...

California DIR Officials Outline Goals and Tasks for Implementing SB 863 Workers’ Comp Reforms

By David Bryan Leonard, Esq., Special to the LexisNexis Workers’ Compensation Law Community The 2012 California Workers’ Compensation and Risk Conference opened September 19, 2012 at the St. Regis Resort, Dana Point with an update from the DIR/DWC/WCAB entitled “What’s on the...

California Workers' Compensation Cases Roundup (10/5/2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 9 September 2012 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 2012 LexisNexis. All rights...

California: SB 863 Checklist and Reference Guide

SB 863 CHECKLIST & REFERENCE GUIDE By Robert G. Rassp, Esq. © Copyright 2012 LexisNexis. All rights reserved. This SB 863 Checklist & Reference Guide is excerpted from The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation , 2013 Edition (available...

California: SB 863 Checklist and Reference Guide

SB 863 CHECKLIST & REFERENCE GUIDE By Robert G. Rassp, Esq. © Copyright 2012 LexisNexis. All rights reserved. This SB 863 Checklist & Reference Guide is excerpted from The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation , 2013 Edition (available February...

California WCMSA: Separate Settlements for Each Claim - The Benson Case

By Robert G. Rassp, Esq. Appellate review of California Labor Code Sections 4663 and 4664 on apportionment has mandated that physicians provide in their conclusions with reasonable medical probability approximately what percentage of permanent disability or impairment is directly caused by each industrial...

California WCMSA: Separate Settlements for Each Claim - The Benson Case

By Robert G. Rassp, Esq. Appellate review of California Labor Code Sections 4663 and 4664 on apportionment has mandated that physicians provide in their conclusions with reasonable medical probability approximately what percentage of permanent disability or impairment is directly caused by each industrial...

California Labor Code Section 139.48 – The Return To Work Fund: What We Know and What We Don’t Know

By Robert G. Rassp, Esq. DISCLAIMER: This article was written before regulations have been proposed to implement the Return To Work Fund. You are encouraged to pay close attention to all rules and regulations promulgated by the DIR and WCAB to implement the $120,000,000 Return To Work Fund. As...

California Labor Code Section 139.48 – The Return To Work Fund: What We Know and What We Don’t Know

By Robert G. Rassp, Esq. DISCLAIMER: This article was written before regulations have been proposed to implement the Return To Work Fund. You are encouraged to pay close attention to all rules and regulations promulgated by the DIR and WCAB to implement the $120,000,000 Return To Work Fund. As part...

AME’s Opinion Failed to Support Apportionment: Cal. Comp. Cases December Advanced Postings (12/5/2012)

Here’s the second batch of advanced postings for the December 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. Best Buy Company, Inc., Ace American Insurance Company...

Departure From Strict AMA Guides Rating Justified for Ankle Injury: Cal. Comp. Cases December Advanced Postings (12/24/2012)

Here’s the fourth batch of advanced postings for the December 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. Western Towing (Total H. R. Solutions, dba Western...

The Unreliable Vocational Expert: Cal. Comp. Cases January Advanced Postings (1/16/2013)

Here’s the third batch of advanced postings for the January 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Guillermo Hernandez, Petitioner v. Workers' Compensation...

The Unreliable Vocational Expert: Cal. Comp. Cases January Advanced Postings (1/16/2013)

Here’s the third batch of advanced postings for the January 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Guillermo Hernandez, Petitioner v. Workers' Compensation...

California: Keys to Proving Apportionment: The Bullet Proof List

The apportionment statutes were massively revised by the 2004 workers’ compensation reform package. However, apportionment was one of the only areas of the workers’ compensation law that did not get hit by the most recent reform legislation of SB 863. Nevertheless, over the past year, the...

Lien Claim Not Time Barred When Defendant Acknowledged Notice of Lien: Cal. Comp. Cases March Advanced Postings (3/19/2013)

Here’s the fourth batch of advanced postings for the March 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. County of San Bernardino, Petitioner...

California: Calculating the Attorney’s Fee

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Several recent panel decisions have dealt with the issue of calculation of attorney’s fees. In some cases, the WCAB has awarded higher fees than the WCJ. In other cases, the WCAB has drastically...

California: Apportionment, Conclusive Presumptions and Labor Code Section 4662 (Part 1 of 2)

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Editor’s Note: The following is Part One of a two-part article. Are there any circumstances under which apportionment will reduce a 100% PD finding under LC § 4662 [ 4662 ]? In...