By Robert G. Rassp, author of The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation (LexisNexis) Disclaimer: The material and any opinions contained in this treatise are...
Oakland, CA – Private self-insured claim volume in the California workers' compensation system fell 9.5% in 2023, producing the biggest year-to-year decline in private self-insured claim frequency...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board No matter the source of your media consumption, it seems that the topic...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Who doesn’t agree with the fact that “[w]e should not interpret or apply statutory language...
When do the exclusivity provisions of Labor Code section 3600 permit an action for law at damages? By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’...
Here’s the latest batch of advanced postings for the September 2015 issue of Cal. Comp. Cases.
Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.
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St. Helena Hospital v. WCAB (Jones), lexis.com, Lexis Advance
Injury AOE/COE—Substantial Evidence—WCAB’s Duty to Develop Record—WCAB, in split panel decision, rescinded WCJ’s finding that applicant licensed vocational nurse did not suffer compensable cumulative trauma to her knees, and held that there was insufficient evidence in record to determine whether applicant incurred cumulative trauma injury AOE/COE, when panel majority found that opinion of panel qualified medical evaluator David Osborne, M.D., on which WCJ relied, did not constitute substantial evidence to support WCJ’s take-nothing order because…
SA Recycling LLC v. WCAB (Melendez), lexis.com, Lexis Advance
Injury AOC/COE—Development of Record—WCAB, reversing WCJ’s finding of no injury AOE/COE, remanded for WCJ to further develop record by directing parties to obtain substantial medical evidence on issue of causation of applicant’s injury, when WCAB found that…
Post-Termination Claims—Exceptions—WCAB reversed WCJ and held that applicant’s claim was not barred by Labor Code § 3600(a)(10) as post-termination claim, when WCAB found that...
Navarro v. WCAB, lexis.com, Lexis Advance
Employment Relationships—Employees vs. Independent Contractors—Taxicab Drivers—WCAB, in split panel decision, affirmed WCJ’s finding that applicant was independent contractor, not employee of defendant, on date he sustained injuries to multiple body parts, based on factors in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal. 3d 341, 256 Cal. Rptr. 543, 769 P.2d 399, 54 Cal. Comp. Cases 80, when…