LexisNexis® Legal Newsroom
Medical Evidence Alone of Inability to Compete in Open Labor Market Could Not Rebut Permanent Disability Rating: Cal. Comp. Cases October Advanced Postings (10/10/2014)

Here’s the third batch of advanced postings for the October 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. Sonia Morris , Petitioner v. Workers'...

California: Apportionment Precluded Under Anti-Attribution Provisions of Labor Code 4663(e)

In Zuniga v. County of Los Angeles , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a split WCAB panel held that an applicant deputy sheriff was entitled to two periods of Labor Code § 4850 and temporary disability benefits (one for industrial injury to his knees, spine, cardiovascular system, and in the form...

PD Payable Retroactively 14 Days After Last Payment of 4850 Benefits: Cal. Comp. Cases November Advanced Postings (11/12/2014)

Here are the third and fourth batches of advanced postings for the November 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. County of Riverside, PSI...

California: Top 25 Noteworthy Panel Decisions (July–December 2014)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2014. You’ll find many helpful cases in this list, including a recent decision on reasonable attorney’s fees ,...

New Period of Cumulative Trauma Resulted in 100 Percent Permanent Disability: Cal. Comp. Cases February Advanced Postings (1/27/2015)

Here’s the first batch of advanced postings for February 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. Travelers Indemnity Company, insurer...

A is for Apportionment: How It Can Make or Break Your Case

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. It’s been a full decade since the 2004 enactment of SB899 turned California Labor...

Idaho: Continued Pain Does Not Contradict Finding That Worker Reached Maximum Medical Improvement

An injured worker’s contention that she still suffered significant pain was not sufficient to contradict the Commission’s finding that the worker had nevertheless reached a point of maximum medical improvement, held an Idaho court. In fact, the worker’s evidence that she was not improving...

California: How Physicians Can Provide the Most Accurate WPI Rating Under the AMA Guides

In Ramirez v. Space Lok, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS 9 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 9 (Lexis Advance), the WCAB rescinded the WCJ’s finding that the applicant, a machine operator, incurred 36 percent permanent disability as a result of a 7/23/2012 industrial injury to...

Vermont: Physician’s Use of AMA Guides’ DRE Method—Rather Than ROM Method—for Determining Impairment Did Not Support Reformation of Settlement Agreement

Where settlement in 2002 (via Vermont’s Form 22) of the PPD segment of a workers’ compensation claim was based upon a physician’s use of the AMA Guides’ Diagnosis Related Estimate (“DRE”) and, six years later, two different physicians indicated that it would have been...

Sole Reliance on Applicant’s Lay Testimony on Medical Issue Was Erroneous: Cal. Comp. Cases April Advanced Postings (4/2/2015)

Here are the first and second batches of advanced postings for the April 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. Lynda Myers , Petitioner...

New York: To Support Apportionment, Prior Condition Must Be Disabling, Not Just Symptomatic

A New York appellate court held it was error to apportion an injured worker’s permanent disability based on medical testimony that 10 percent of the impairment was due to a 2009 work-related injury and that the rest was due to a 1981 work-related injury where the worker returned to work after the...

Opinion of Treating Physician Found More Persuasive Than QME’s: Cal. Comp. Cases April Advanced Postings (4/8/2015)

Here’s the third batch of advanced postings for April 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. Tina Solano, Petitioner v. Workers'...

Missouri: Commission Reverses Denial of a PPD Claim That Lacked a Rating

The Commission issued a shocking new decision that the Missouri comp statute does not require a worker’s expert to provide a rating of disability in order to receive permanent disability benefits. The Commission awarded partial benefits of 18 weeks against the Fund, reversing a denial by the ALJ...

Applicant’s Impairments Added Rather Than Using Combined Values Chart: Cal. Comp. Cases May Advanced Postings (4/28/2015)

Here’s the second batch of advanced postings for the May 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. Los Angeles County Metropolitan Transportation...

California: Top 25 Noteworthy Panel Decisions (January-June 2015)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2015. The list features a number of split-panel decisions, including bonus cases addressing the validity of untimely independent...

Combined Psychiatric Effects of Three Injuries Found Inextricably Intertwined: Cal. Comp. Cases July Advanced Postings (7/1/2015)

Here’s the second batch of advanced postings for July 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. Northrop Grumman Systems Corporation,...

California: When to Hold Them and When to Fold Them? Apportionment In Ortho, Psyche, And Internal Cases

This article is a favor to the WCAB commissioners and is a call out to parties and trial judges to develop the record before a case gets to the appellate level. How many times have you been confronted with an “ortho, psyche, and internal” case in which either the psychiatrist or internist...

California: Defendant Bound by a Stipulation Due to Unilateral Mistake

WCAB affirms $11,000 windfall for in pro per applicant In Garcia v. Oxnard School District , 2015 Cal. Wrk. Comp. P.D. LEXIS 492 [ 2015 Cal. Wrk. Comp. P.D. LEXIS 492 ], the WCAB, affirming the WCJ’s stipulated award, held that the defendant was bound by a stipulation that the applicant was...

Missouri: Wife Loses Dependency Benefits Due to Bigamy Defense

The case involves a fight between a worker's father and the worker's spouse over nearly $100,000. Ard, dec. v Jim Plunkett Inc. 2015 MO WCLR Lexis 101 (lexis.com), 2015 MO WCLR Lexis 101 (Lexis Advance) (Oct 22, 2015). The worker broke multiple bones in Oct. 2010 in Kansas City when he moved...

Vocational Expert Opinion Did Not Support 100 Percent Permanent Disability: Cal. Comp. Cases March Advanced Postings (3/9/2016)

Here’s the latest batch of advanced postings for the March 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. Joe Navarro, Petitioner v. Workers'...

California Workers’ Compensation Case Roundup (3/31/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 3 March 2016 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 2016 LexisNexis. All rights...

Application for SIBTF Benefits Barred by Statute of Limitations: Cal. Comp. Cases April Advanced Postings (4/6/2016)

Here’s the latest batch of advanced postings for the April 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. Deanna Pimes (aka Deanna Pimes...

California Workers’ Comp Case Roundup (4/29/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 4 April 2016 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 2016 LexisNexis. All rights...

Two Injuries Found Inextricably Intertwined: Cal. Comp. Cases Advanced Postings (8/31/2016)

Here’s the latest batch of advanced postings for the September 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. Flowserve Corporation, Travelers...

Conviction for Felony Is Required to Bar Psychiatric Injury Claim: Cal. Comp. Cases Advanced Postings (9/8/2016)

Here’s the latest batch of advanced postings for the September 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. Ease Entertainment Services,...