LexisNexis® Legal Newsroom
California: What Decisions Rule and When Do They Rule?

In last month’s blog, we set forth a chronology of the significant case law on permanent disability determinations. The list has been updated and set forth again below: Chronology of Significant PD Rating Cases: 12.7.06 Costa v. Hardy Diagnostic, (Costa I) (2006...

California: What Decisions Rule and When Do They Rule?

In last month’s blog, we set forth a chronology of the significant case law on permanent disability determinations. The list has been updated and set forth again below: Chronology of Significant PD Rating Cases: 12.7.06 Costa v. Hardy Diagnostic, (Costa I) (2006) 71 CCC...

California Workers' Comp Case Roundup (9/6/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 8 August 2013 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 2013 LexisNexis. All rights...

California: WCAB Clarifies It Hasn’t Endorsed Use of AMA Guides Sixth Edition

The California WCAB, on its own motion, rescinded its prior order in Frazier v. State of California [ 2013 Cal. Wrk. Comp. P.D. LEXIS 365 (lexis.com), 2013 Cal. Wrk. Comp. P.D. LEXIS 365 (Lexis Advance)] affirming the WCJ’s findings and award, and returned the matter to the WCJ for new decision...

Vicodin Overdose, "Ogilboeuf", Same Sex Domestic Partner: Cal. Comp. Cases December Advanced Postings (12/22/2013)

Here’s the latest batch of advanced postings for the December 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. City of Foster City, The Cities...

Are Chronic Pain Syndromes and Drug Dependency Ratable Under the AMA Guides? If So, How?

By Robert G. Rassp, Esq. © Copyright 2014. Excerpted from The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation , 2014 Edition (LexisNexis). Reminder to Calif. Workers' Compensation Judges: You have access to this publication on Lexis Advance. References...

WCAB’s Role in Distribution of 3rd Party Settlement Proceeds: Cal. Comp. Cases March Advanced Postings (3/11/2014)

Here’s the third batch of advanced postings for the March 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. Albert Carrabello, Petitioner v....

Applicant Rebuts 16 Percent Scheduled Rating to Obtain Permanent Total Disability: Cal. Comp. Cases December Advanced Postings (12/16/2014)

Here’s the fourth 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. Sutter Medical Foundation, PSI, adjusted...

Rebutting the DFEC Adjustment Factor: Ogilvie Revisited: Contra Costa County v. WCAB (Dahl)

By Robert G. Rassp, Esq. In order to understand Contra Costa County v. Workers’ Comp. Appeals Bd. (Dahl) , 240 Cal.App.4th 746 , 80 Cal. Comp. Cases – [ 240 Cal.App.4th 746 ], it is important to first understand the facts of the case. [Publisher’s Note: Citations link to lexis...

California Workers' Comp Case Roundup (10/28/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 10 October 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...

Illinois: Claimant Need Not Submit AMA Rating Report in Order to Qualify for PD

The Appellate Court of Illinois, Workers’ Compensation Commission Division, held that section 8.1b of the Illinois Workers’ Compensation Act [820 Ill. Comp. Stat. 305/8.1b (2012)], does not require an injured worker to submit an “AMA rating report” for the purpose of determining...

California: Two Different Paths to Establishing Permanent and Total Disability

In Anaya v. Bay Area Carbide , 2016 Cal. Wrk. Comp. P.D. LEXIS --, a split WCAB panel affirmed the WCJ’s finding that the applicant, who suffered an industrial injury to his lungs, respiratory system, psyche, and in form of diabetes while employed as a tool handler from 7/8/2009 through 7/8/2010...

Vocational Expert’s Opinion Did Not Rebut Scheduled Rating: Cal. Comp. Cases Advanced Postings (11/7/2016)

Here’s the latest batch of advanced postings for the Nov 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. Charles Edwards, Petitioner v. Workers'...

California: Loss of Function Rating Prevailed Over Strict Anatomic Loss of Motion Rating

A recent case reflects how crucial it is for an evaluating or treating physician to point out all objective medical findings as a result of an industrial injury, and then there has to be a correlation between those objective medical findings and the ultimate WPI impairment rating. In Prell v. Cedar...

South Carolina: Injured Employee Entitled to PTD Benefits For Significant Impairment to Back in Spite of Return to Work

Evidence that an injured employee has returned to work in some capacity, standing alone, does not rebut the presumption of total disability where the uncontradicted medical evidence indicates the employee sustained loss of use to his back that exceeded 50 percent, held a divided Supreme Court of South...