In spite of the deference afforded West Virginia's Workers' Compensation Board of Review when it comes to fact-finding, the state's Supreme Court, in a memorandum decision, reversed the Board's decision that awarded benefits for a worker's bilateral...
In another decision dealing with New York's Form RB-89 (Application for Board Review), a state appellate court found the Board had abused its discretion in denying a carrier's Application for Board Review on the basis that the carrier had failed, within...
Acknowledging that the New York Workers’ Compensation Board had broad discretion in setting rules regarding the content and formatting of an application for Board review (form RB-89), a state appellate court nevertheless held the rules, as written, failed to provide...
The question of timely notice to the employer was not a jurisdictional question subject to de novo review, held the Supreme Court of South Carolina. Accordingly, where the Court of Appeals employed the de novo standard, instead of the substantial evidence standard...
Noting that the Board was free to reject the medical opinion offered by the claimant’s expert and credit one rendered by an independent medical examiner, a New York appellate court held that the Board was not, however, free to misread the record in doing...
The Supreme Court of Ohio, reversing the Eighth District Court of Appeals, held the state’s “consent provision” [see Ohio Rev. Code § 4123.512(D)], which allows an employee to dismiss an employer-initiated appeal only with the consent of the employer, is constitutional...
In a deeply divided decision, the Supreme Court of Minnesota reversed a decision of the state’s Workers’ Compensation Court of Appeals (WCCA), finding that the WCCA had inappropriately substituted its judgment for that of the compensation judge. The employee, a...
William Dorsey, Administrative Law Judge [fn1], Scott Hardy, Attorney Advisor, OALJ San Francisco A ttorney’s fees and costs often are available under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.S. § 901 et seq.) to lawyers who successfully...
Where delivery of an envelope containing claimant’s notice of appeal was refused by the U.S. Postal Service because of insufficient postage and the envelope was returned to claimant who then re-mailed the envelope and its contents to the Commission—this...
CALIFORNIA COMPENSATION CASES Vol. 80 No. 9 September 2015 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 ©...
In McAtee v. Briggs & Pearson Construction , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s decision denying the applicant’s appeal of an Administrative Director’s independent medical review (IMR) determination that Duragesic...
No material mistake of fact exists when IMR reviewer fails to list the actual reports and records reviewed by the IMR physician In Hacker v. County of San Bernardino-Public Health Department , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion...
Here’s the fourth batch of advanced postings for March 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. ...
The W.C.A.B. has issued another “Significant Panel Decision*” addressing another procedural issue under SB 863. In Torres v. Contra Costa Schools Insurance Group, SCIF , the W.C.A.B. has addressed the procedural status of an appeal of an IMR decision...
Workers’ Compensation Judges are starting to see appeals of IMR decisions where the parties are raising very interesting arguments at conferences and trials. We expect to see quite a few noteworthy panel decisions in the coming months outlining what the WCAB...