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Cal. Comp. Cases April Advanced Postings 3/31/2010

Here’s the first advanced posting for the April 2010 issue of Cal. Comp. Cases. Lexis subscribers can link to the case below. City of Anaheim, PSI, Petitioner v. Workers' Compensation Appeals Board, James B. Ott, Respondents 75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 33 Cumulative...

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...

California EAMS: Medical Reports as Evidence

Last fall, we issued a blog discussing Rule 8 CCR §10629 which sets forth the perimeters for filing exhibits in EAMS for trial. The rule requires that all parties create and serve a list of the exhibits they plan to offer as evidence at trial, preferably at the mandatory settlement conference (MSC...

California EAMS: Medical Reports as Evidence

Last fall, we issued a blog discussing Rule 8 CCR §10629 which sets forth the perimeters for filing exhibits in EAMS for trial. The rule requires that all parties create and serve a list of the exhibits they plan to offer as evidence at trial, preferably at the mandatory settlement conference (MSC...

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: 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...

The Ambiguous Insurer: Cal. Comp. Cases November Advanced Postings (10/27/2011)

Featured Case of the Week: Insurer’s Ambiguous Acts Estopped It From Denying Insurance Coverage to Employer © Copyright 2011 LexisNexis. All rights reserved. Granite State Insurance Company/Chartis (formerly AIG), Petitioner v. Workers' Compensation Appeals Board, Rose International...

The Ambiguous Insurer: Cal. Comp. Cases November Advanced Postings (10/27/2011)

Featured Case of the Week: Insurer’s Ambiguous Acts Estopped It From Denying Insurance Coverage to Employer © Copyright 2011 LexisNexis. All rights reserved. Granite State Insurance Company/Chartis (formerly AIG), Petitioner v. Workers' Compensation Appeals Board, Rose International...

California: 25 Noteworthy Panel Decisions That You Should Know About

The following list contains our picks for the top "noteworthy" panel decisions issued by the California Workers' Compensation Appeals Board for 2011. Lexis.com subscribers can link to the panel decisions below. Reminder: Practitioners should check the subsequent history of a panel...

Severance Agreement Waiving Workers’ Comp Benefits Not Valid: Cal. Comp. Cases November Advanced Postings (11/10/2011)

Featured Case of the Week: Severance Agreement Waiving Workers' Comp Benefits Not Valid Sompo Japan Insurance Company of America (formerly known as Yasuda Fire & Marine Insurance Company, c/o Broadspire, a Crawford Co.), insurer for Canon Business Solutions, Inc., Petitioner v. Workers'...

Worker’s Pre-existing Diabetes Not to Blame for Post-Injury Amputation: Cal. Comp. Cases December Advanced Postings (11/23/2011)

Featured Case of the Week: Worker’s Pre-existing Diabetes Not to Blame for Post-Injury Amputation Bridgestone Firestone, Old Republic Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Ronald Fussell (aka Ronald Fussel) , Respondents , 2011 Cal. Wrk. Comp. LEXIS 179 ...

Herlick Handbook 31st Edition: Educating the California Workers’ Comp Community Since 1964

LexisNexis Announces New Editors-in-Chief: Richard Jacobsmeyer, Julius Young, Barry Bloom This 31st edition marks a transition in the history of Herlick, California Workers’ Compensation Handbook . Longtime author Stanford D. Herlick passed away in 2010, and the handbook is now co-edited by a...

California Court of Appeals Closes Apportionment Loophole

The Court of Appeal has closed what could have ended up being an enormous loophole in Labor Code § 4663 with a decision reversing a W.C.A.B. opinion on apportionment and then ordering publication after the decision was initially ordered unpublished. In State Compensation Insurance Fund v W.C.A.B...

Apportionment and Fibromyalgia: California Workers' Comp Case Roundup (12/8/2011)

CALIFORNIA COMPENSATION CASES Vol. 76 No. 11 November 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 © Copyright 2011 LexisNexis. All rights reserved. FEATURED CASE...

Cal. Comp. Cases January Advanced Postings (1/6/2012)

Here’s the first batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes. Roxanna Ortiz , Petitioner v. Workers' Compensation Appeals Board, One Source, PSI, adjusted by ESIS, Respondents , 2011 Cal. Wrk. Comp. LEXIS...

Comfortably Numb: The Impact of Prescription Pain Medications on the Proper Determination of Permanent Disability

It may be an unfortunate reality but narcotics are a common aspect of medical treatment within the workers’ compensation system. As pain is an extremely individual experience, it is difficult if not impossible to assess whether the medications prescribed are excessive, inadequate or appropriate...

California: By the Numbers

What was the impact of the adoption of an AMA-based permanent disability rating schedule in California? That was the question addressed in a significant new study by Frank Neuhauser, Executive Director of the UC Berkeley based Center for the Study of Social Insurance. My last post briefly covered...

California: So You Think You Know Who Has the Burden of Proof on Apportionment?

Prior to Senate Bill 899, the law was clear as to which party had the burden of proof on the apportionment issue. If defendant could not provide substantial evidence that there was either pre-existing PD or a progressive disease process, apportionment could not be found. In other words, it was unequivocally...

California: Obtaining Substantial Evidence From Vocational Rehabilitation Experts in Ogilvie Cases

At a seminar during the recent DWC 19th Annual Educational Conference in Oakland, we heard opinions about interpreting Ogilvie , rating permanent disability, and rebutting the 2005 Permanent Disability Rating Schedule. Although Ogilvie did not give us definitive instructions on how to rate permanent...

California: Obtaining Substantial Evidence From Vocational Rehabilitation Experts in Ogilvie Cases

At a seminar during the recent DWC 19th Annual Educational Conference in Oakland, we heard opinions about interpreting Ogilvie , rating permanent disability, and rebutting the 2005 Permanent Disability Rating Schedule. Although Ogilvie did not give us definitive instructions on how to rate permanent...

California: The Sticky Wicket That Is Home Health Care

Lexis.com subscribers can link to the cases and statutes cited below. An injured employee’s entitlement to home health care is oftentimes a hotly contested issue in the workers’ compensation arena. Home health care issues can vary in nature. Issues in these cases may involve the level of...

Permanent Total Disability Found "In Accordance With the Fact": Cal. Comp. Cases April Advanced Postings (4/5/2012)

Here’s the second 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. American Safety Insurance Company, insurer for San Benito...

California: How to Prove a LeBoeuf Rebuttal

New Clues on Applying an Ogilvie III Analysis in a DFEC Rebuttal Case In a recent panel decision of Dahl v. Contra Costa County (ADJ1310387) issued on May 18, 2012, the WCAB commissioners shed some light on how to apply an Ogilvie III analysis in a DFEC rebuttal case. Set forth below is the historical...

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition

Lexis.com subscribers can link to the cases cited below. The AMA Guides generally disfavors grip loss as a measurement for rating a whole person impairment (WPI). (See AMA Guides Fifth Edition, page 508.) However, a series of recent WCAB panel decisions indicate that there may be circumstances when...

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition

Lexis.com subscribers can link to the cases cited below. The AMA Guides generally disfavors grip loss as a measurement for rating a whole person impairment (WPI). (See AMA Guides Fifth Edition, page 508.) However, a series of recent WCAB panel decisions indicate that there may be circumstances when...