Oct 30 - Nov 1
Comp Laude® Awards and Gala
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Case Law Library
Koscki v. Herbert
[Unpublished] It is reasonably probable that the claimant could have have cured the defect in her complaint through amendment.
WCC 32662007 CA
Koscki v. Herbert
[Unpublished] Claim barred by the exclusivity provision of the Workers' Compensation Act, because injury occurred within course and scope of employment while employer was actively insured.
WCC 36312010 CA
Kosowski v. WCAB
Employer may credit amounts independently earned by employee during leave against disability liabilities.
170 Cal.App.3d 632, 50 CCC 427
WCC 24591985 CA
Koszdin v. SCIF
A trial court did not have jurisdiction over a suit seeking unpaid interest on Workers' Compensation Appeals Board attorney fee awards because the board did not specify that the awards should include interest, an appellate court ruled.
WCC 36472010 CA
Kowalski v. Shell Oil Co.
Since there was substantial evidence to support the jury's finding that Kowalski was not Shell's special employee, the trial court erred in granting the judgment notwithstanding the verdict. Therefore, that judgment is reversed and the trial court is directed to enter judgment for plaintiff.
23 Cal.3d 168
WCC 39361979 CA
Krause v. WCAB
The 5th District Court of Appeal denied an applicant's petition for a writ of review that attempted to continue treatment outside of an insurer's medical provider network.
WCC 36512010 CA
Kreigsman v. WCAB
Lien claimant denied due process by lien reduction with no opportunity to argue for full amount due to scheduling conflict.
58 CCC 244
WCC 27761993 CA
Kroger Co. v. WCAB (Rodriguez)
A Declaration of Readiness to Proceed does not need to be filed along with a notice of appeal challenging a vocational rehabilitation award for the appeal to be effective.
WCC 39472012 CA
Kroger Co. v. WCAB (Velasquez)
An employer's failure to file a declaration of readiness to proceed along with its notice of appeal of an administrative ruling did not invalidate its timely filed appeal to the Workers' Compensation Appeals Board.
WCC 39022012 CA
Kunz vs. Patterson Floor Coverings
Failure to make specific objection does not waive it; OFMS applies to services prescibed by DR at outpatient center; Outpatient fees must be reasonble.
67 Cal.Comp.Cases 1588
WCC 28982002 CA
Today's Round Up
NV - WCS Schedules Basic Orientation Training
The Nevada Workers’ Compensation Section is holding basic orientation training sessions on Oct. 25.
The classes cover basic regulatory processes for the state’s workers’ compensation system, including a description of the forms needed when a workplace injury or occupational disease occurs.
Training will be held at the agency’s office, 1301 N. Green Valley Parkway, Suite 200, in Henderson. Training will be available via video conference at the Division of Industrial Relations building, 400 W. King St., in Carson City.
The first class is at 9:30 a.m. and the second is .
CA - DWC Posts Draft Benefit Notice Rules to Forum
0 min read
The California Division of Workers’ Compensation posted proposed revisions to rules pertaining to notice requirements for denied claims to its online forum for public comment.
Senate Bill 1160 requires the DWC to adopt rules by Jan. 1, 2018, to provide workers with notice that they can access medical treatment outside the work comp system when a claim is denied. The proposed revision will add to benefit notices a statement saying, “Although your claim has been denied, if you believe that you still need medical treatment for your injury or illness, you have the right to obtain trea.
CA - Anne Schmitz Named WCAB Secretary
0 min read
The Workers’ Compensation Appeals Board named Anne Schmitz as its secretary, effective immediately.
Schmitz, a deputy commissioner, served as acting secretary since Aug. 31. She is taking over the position on a permanent basis to replace Richard Newman, secretary and deputy commissioner, who is retiring.
Schmitz joined the Department of Industrial Relations as an attorney in 2010.
Newman joined the WCAB in 2016 after Rick Dietrich retired. Before taking over as secretary, Newman had served as chief judge of the Division of Workers’ Compensation since September 2011.
CA - CAAA Takes Swing at Governor Over Veto of Apportionment Bill
CA - Court Affirms Dismissal of Disbarred Work Comp Attorney's Distress Claim
CA - Number of QMEs Falls as Panel Requests Increase
CA - Limited Injunction to Apply Only to Liens Not Listed on DWC Website
CA - Four Deputies at Las Vegas Shooting File Comp Claims
NY - Activists Protest Proposed WCB Changes to Impairment Rating Method
CA - Judge Postpones Sentencing of Drobot Jr. Until February
CA - QME Report Examines Impact of Suspended Providers, Med-Legal Agents
CA - 2nd DCA Won't Revive Actress' Civil Claims for On-Set Accident
CA - Court Revives Worker's Discrimination Claim
Oct 30 – Nov 1, 2017
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