This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Argentina Kearney has joined the Department of Labor staff as a Workers’ Compensation Specialist II starting May 16, 2016. Ms...
CALIFORNIA COMPENSATION CASES Vol. 81 No. 6 June 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...
LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2016. The list features a number of decisions addressing utilization review time deadlines...
Emphasizing that with regard to expert medical testimony, one should not conflate the qualifications of the expert with the persuasiveness of the expert’s testimony, the Supreme Court of Pennsylvania reversed a decision by the state’s Commonwealth Court...
American Medical Association Releases National Survey for Preventing Opioid Abuse . American Medical Association Supports Telemedicine Bill . CA: CWCI Study Examines 2015 Independent Medical Review Outcomes . CA: High Court Won’t Hear Stevens IMR Constitutionality...
Lyft Settles Calif. Lawsuit for $12.5M, Drivers Still Not Classified as Employees . Price Wars Between Insurers and Drug Companies Impact Patients’ Healthcare . AMA Recommends Changes to CDC’s Proposed Opioid Prescription Policy . AK: WCD Posts...
One of the most famous and graphically intense workers’ compensation cases of all time is the 1959 case of SCIF v. IAC (Wallin) (1959) 176 Cal.App.2d 10, 1 Cal.Rptr. 73, 24 Cal Comp Cases 302 [ 24 CCC 302 ]. On 2/15/1957, Mr. Wallin, a carpenter, suffered an industrial...
LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2015. The list features a number of decisions addressing the assignment and reporting...
By Jennifer C. Jordan, Esq., General Counsel, MEDVAL LLC A Medicare set-aside (MSA) is sometimes like an exercise in accident reconstruction. And when the MSA gets ugly, as they frequently do, it is typically because of some factor other than the industrial accident...
Here’s the latest batch of advanced postings for August 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. ...
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...
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...
By Yelena Zaslavskaya, Senior Attorney for Longshore, Office of Administrative Law Judges, U.S. Department of Labor, Washington, D.C. This paper highlights some of the considerations relevant to the determination of the probative value and relative evidentiary...
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...
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...