Oct 30 - Nov 1
Comp Laude® Awards and Gala
Manchester Grand Hyatt San Diego
Case Law Library
California Nurse Life Care Planning v. WCAB
A lien claimant is not entitled to a reimbursement for a $24,424 life care plan because it was unrelated to the relevant workers' compensation claim.
WCC 34612008 CA
California v. Industrial Accident Commission and Gust Erickson
The question here is not what the Legislature might have done with respect to providing for retrospective application of the portions of section 5500.5, which are here involved, but what it did do. It used no language showing that it intended retrospective effect and, therefore, under the rules carefully stated and followed in the Aetna case, no such effect will be given under the guise of construction.
48 Cal. 2d 355
WCC 33591957 CA
CALSTAR v. SCIF
The defendants' demurrers are sustained, as the trial court lacks subject matter jurisdiction.
WCC 37622011 CA
Camper v. WCAB
45-day time limit is jurisdictional and commences on filing therefore no extension under Code Civ. Proc. 1013.
3 Cal.4th 679, 57 CCC 644
WCC 27061992 CA
Campos v. WCAB
An incident in which a tree cutter was struck by a falling tree trunk while suspended about 40 feet in the air constitutes a 'sudden and extraordinary employment condition' that allows compensation for a psychiatric injury.
WCC 36432010 CA
Cantrell v. WCAB (Wal-Mart Stores)
[Unpublished] The WCAB did not make a finding whether a drug testing policy itself discriminated against employee for sustaining an industrial injury and if so, whether employer demonstrated that its conduct was necessary and directly linked to the realities of doing business. Under 132a, the WCAB was required to make this inquiry.
WCC 35452009 CA
Today's Round Up
NY - Activists Protest Proposed WCB Changes to Impairment Rating Method
0 min read
Groups of workers' advocates have continued to pressure the state Workers' Compensation Board to not adopt rules that would change how impairment ratings are decided — a move, they say, that would reduce benefits.
The Albany Times-Union reported Wednesday that activists in Buffalo, Brooklyn, Hauppauge and Long Island were set to submit "thousands of petitions" to their local Workers' Compensation Board offices, as well as to the board's headquarters in Menands.
The New York Committee for Occupational Safety and Health has come o.
CA - Governor Appoints Parisotto as AD
0 min read
Gov. Jerry Brown appointed George Parisotto as administrative director of the Division of Workers’ Compensation.
Parisotto served as acting administrative director since February 2016, when Destie Overpeck left the agency for a position with the State Bar of California.
He joined the DWC in 1998 and has held positions including acting chief counsel and industrial relations counsel during his tenure.
Prior to joining the DWC, Parisotto was a workers’ compensation claims examiner for the U.S. Department of Labor’s Energy Employees Occupational I.
NV - Insurance Division Schedules Hearing on Proposed TPA Rules
0 min read
The Nevada Division of Insurance will hold a hearing Oct. 25 on proposed rules relating to financial statements filed by third-party administrators.
Nevada law requires newly formed businesses to file a balance sheet with estimated income and expenses for the first year, and evidence that the third-party administrator can pay its obligations as they become due.
The proposed rules would require businesses to file a financial statement that has been reviewed by an independent certified public accountant.
The requirement that each application for a certificate of registration as an administrat.
CA - CAAA Takes Swing at Governor Over Veto of Apportionment Bill
CA - DWC Suspends 3 More Providers From Comp System
CA - Supreme Court Won't Disturb Decisions on Skin Condition, Travel Injury
CA - Court Affirms Dismissal of Disbarred Work Comp Attorney's Distress Claim
CA - Four Deputies at Las Vegas Shooting File Comp Claims
FL - Ex-JCC Castiello Says Nominating Commission Followed Improper Rules
NATL. - Research Links Job Stress With Work Injuries
CA - Governor Vetoes Bill Requiring Small Business Rep on State Fund Board
CA - Judge Postpones Sentencing of Drobot Jr. Until February
CA - San Diego Sheriff's Deputy Pleads Not Guilty to Fraud Charges
Oct 30 – Nov 1, 2017
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