LexisNexis® Legal Newsroom
CA: WCAB Enforces Form Requirements for Offer of Regular, Modified or Alternative Work

Monica Mansfield v. County of Los Angeles Permanent Disability—Offers of Regular, Modified, or Alternative Work—WCAB upheld WCJ's finding that that defendant was not entitled to a 15 percent decrease under Labor Code § 4658(d)(3)(A) in permanent disability indemnity awarded to...

CA: Range of Evidence Finding Inappropriate in Applying DRE Determinations Under AMA Guides

Randolph Adair v. Southern California Edison, PSI Permanent Disability—Rating—AMA Guides —WCAB rescinded WCJ ' s finding that applicant/armed nuclear security person’s 1/20/2007 spine, neck and right leg injuries caused 46 percent permanent disability based on "range...

Cal. Comp. Cases May Advanced Postings (5/6/2010)

Here's the second batch of advanced postings for the May 2010 issue of Cal. Comp. Cases. Lexis.com users can link to the case summaries. Wesley Harvick, Petitioner v. Workers' Compensation Appeals Board, State of California, Department of Corrections and Rehabilitation, State Compensation...

CA: WCAB Issues En Banc on WPI and Formal PD Rating Instructions

Blackledge v. Bank of America (en banc, 6/3/2010) The Appeals Board held that, in the context of determining whole person impairments (WPI) and issuing formal permanent disability rating instructions, the respective roles of the physician, WCJ, and rater are as follows: (1) the physician assesses...

California WCAB Issues En Banc Guidelines on Rating Protocols

The W.C.A.B., undoubtedly seeking to provide some order to the process of developing the record on the issue of Permanent Disability Rating in the Almaraz/Guzman II/Ogilvie world has issued an en banc decision providing guidance to the Trial Level judges, Disability evaluation specialist, physician and...

The Ogilvie Burden

The Ogilvie opinion held in significant part that the Permanent Disability Rating Schedule (PDRS) is rebuttable and, more specifically, the Diminished Future Earnings Capacity modifier (DFEC) is rebuttable. Thus, an injured worker may be allowed to show that his or her permanent disability award should...

Can a Risk Factor Become Causative in California?

This article is guaranteed to give you a headache or at least make your head spin. Now, the only risk factor for head spinning I have is a propensity to write these articles when I am bored and I do not want to do real work. So what is causing your headache? Reading this article? Too little sleep last...

Cal. Comp. Cases August 2010 Advanced Postings (8/25/2010)

Here's the fourth batch of advanced postings for the August 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and full case summaries. © Copyright 2010 LexisNexis. All rights reserved. Contra Costa County Fire Protection...

Between a Rock and a Hard Place: Permanent Total Disability Under California Labor Code Section 4662

By Robert G. Rassp, Esq. Once in a while, the powers that be allow us to be “applicant oriented” in our articles and this is one of them. We try to be neutral in most of our articles and books but sometimes the intoxicating effect of writing gets the most of us. Warning to applicant’s...

California Workers' Compensation Case Roundup (7/9/2011)

CALIFORNIA COMPENSATION CASES Vol. 76 No. 6 June 2011 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 2011 LexisNexis. All rights...

Cal. Comp. Cases August Advanced Postings (8/18/2011)

Here’s the third batch of advanced postings for the August 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. City of Santa Clara, PSI, Petitioner v. Workers' Compensation Appeals...