JURISDICTION AND SUBROGATION
In Clark v. Green Bay Packers, 2015 Cal. Wrk. Comp. P.D. LEXIS 180, the WCAB held that it had jurisdiction over, and that the Green Bay Packers were liable for, a professional football player's cumulative trauma injury even though the employment contract d...Read More
Would you like to be a California workers’ comp judge?
That was a question posed to me at a recent party by an acquaintance who has no experience with the workers’ comp field.
The answer is no. But it got me thinking.
It was a subject I recently discussed with ...Read More
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Medical marijuana is an oxymoron. While there may be (un)scientific “evidence” that the drug has some redeeming medicinal value, I think it’s more akin to alcohol. Then again, I swear by mom’s hot toddy to cure what ails ya.
The problem, especially for employers an...Read More
In Horton v. Oakland Raiders, 2014 Cal. Wrk. Comp. P.D. LEXIS 592, the WCAB held that a professional football player's claim for psychiatric injury was barred by LC 3208.3(d) because he did not have six months of actual work for the defendant, and that an alleged oral cont...Read More
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What is more critical to the workers' compensation process than judicial independence?
I hear criticism of judges periodically. Many times, the basis essentially comes down to the fact that the judge did not agree with the person who is complaining. It is natural for parties and...Read More
INJURYIn Hull v. County of Tulare, 2014 Cal. Wrk. Comp. P.D. LEXIS 235, the WCAB held that pursuant to Western Growers Insurance Co. v. WCAB (Austin) (1993) 58 CCC 323, the claims administrator was entirely liable for a claim.In Young v. WCAB (2014) C075047, the 3rd Di...Read More
THE BUSINESS OF INSURANCEIn Martinez v. Koga Colorscape & Maintenance, 2014 Cal. Wrk. Comp. P.D. LEXIS 173, the WCAB held that an insurer was not allowed argue that it did not provide coverage for an injury solely because the employer made material misrepresentations on its applicati...Read More
Why do we need QMEs? Or AMEs, for that matter? Why can’t the primary treating physician make a full review of the records, provide measurements and a list of subjective complaints following the evaluation, and then allow the attorneys or the DEU to plug those measurements into the AMA Guides a...Read More
More ripples on the surface in Tallahassee, which will come ashore across Florida. Sometimes the effects of a pebble dropped there will grow to a tidal wave as it moves outward. Other times, the effect of a boulder dropped there will create large ripples which, however, dissipate or diminish before ...Read More
In my recent post "Under Submission," I noted the choices that Insurance Commissioner Dave Jones faced as he considered setting the advisory "pure premium" workers' comp rate for 2013.Jones has now issued his order, recommending that insurers set the benchmark comp rate at $2.56 per ...Read More