Industry Insights
California Case Law Update | 12/09/2014 | ||
Source: WCC Staff | |||
State: NA | Segment: Top | 0 | |||
NEW! Hamp v. Harrison, Patterson, O'Connor & Kinkead, D064453, (10/30/2014): The 4th District Court of Appeal ruled that an injured worker's malpractice claim against his former attorneys failed as a matter of law. NEW! Cordova v. BNSF Railway, E056223, (11/06/14): A...Read More | |||
Communication of UR Decision Must be Timely to Go to IMR | 11/25/2014 | ||
State: NA | Segment: Top | 0 | |||
The rains are a ‘coming. The cold is setting in. Turkey day is almost upon us, which, of course, means that we can expect a flood of “Black Friday” related injuries and Christmas decorations starting November 28. But, before we look too far ahead, there’s this Monday, and ...Read More | |||
Cross-Examining Shrinks: Leckart's 3rd Rule | 11/12/2014 | ||
State: NA | Segment: Top | 0 | |||
In September, my monthly newsletter was devoted to cross-examining psychologists and psychiatrists and stated Leckart’s First Rule: Never ask the doctor about the patient, confine your questions to the doctor’s report. As I pointed out, by doing so, no new information can be introduce...Read More | |||
California Case Law Update | 10/31/2014 | ||
By: WCC Staff | |||
State: CA | Segment: Top | 0 | |||
NEW! San Francisco State University v. WCAB (Jones), A141793, (10/22/2014): The California 1st District Court of Appeal has declined a request to publish a September ruling which found that an injured worker was not entitled to a fee award based on amendments to the Labor Code from the passage of...Read More | |||
Crocodile Wrestling | 10/20/2014 | ||
State: NA | Segment: Top | 0 | |||
At a recent workers’ comp conference in Southern California, Workers' Compensation Appeals Board Commissioner Kathy Zalewski noted that the WCAB commissioners had been doing a bit of “crocodile wrestling” over Dubon. I’ve seen crocodile wrestling in Thailand, a...Read More | |||
Case Law Update: Unexplained Fall | 10/01/2014 | ||
By: Teague Campbell | |||
State: NC | Segment: Top | 0 | |||
Norlina Philbeck worked as a field interviewer in social sciences research for the University of Michigan. As a part of her job, Philbeck was required to travel from her home in North Carolina to various places along the East Coast to interview potential participants for research studies. On Aug....Read More | |||
Court Rules FedEx Discharged Worker in Retaliation for Not Providing Notice | 09/30/2014 | ||
By: Eugene Keefe | |||
State: NA | Segment: Top | 0 | |||
We feel sure this ruling will be appealed to the 7th Circuit Court of Appeals. In our view, it won’t stop at the district court level and we will have to await the appellate outcome to be sure where it will all go. However, we are certain this ruling “endangers” or calls into qu...Read More | |||
Calling a Dog's Tail a Leg Does not Make it a Leg | 09/17/2014 | ||
By: Julie Ferguson | |||
State: NA | Segment: Top | 0 | |||
Through the years, we've devoted a few dozen posts about the issue of FedEx and its drivers. Here's the issue in a nutshell: FedEx thinks its ground drivers are independent contractors and the drivers generally disagree. For the 11 years we've been blogging, this issue has bee...Read More | |||
Cross-Examining Shrinks; Leckart's 1st Rule | 09/16/2014 | ||
By: Dr. Bruce Leckart | |||
State: NA | Segment: Top | 0 | |||
There are many times when plaintiff and applicant attorneys, as well as defense attorneys, believe that a psychologist or a psychiatrist has severely under- or over-estimated a claimant’s psychopathology and/or psychiatric disability. For the past six years I have been assisting attorneys i...Read More | |||
Court Holds Exclusive Remedy Facially Unconstitutional | 08/20/2014 | ||
By: David Langham | |||
State: NA | Segment: Top | 0 | |||
For some reason, I have found myself thinking of great comedians this week (veiled reference to the loss of one of America's greatest last Sunday). I am always a fan of those that make me laugh. One that came to mind yesterday afternoon is Jim Carrey and his portrayal of the Grinch in Ron How...Read More | |||