A noncompetitive covenant regarding the sale of a company may only address the geographic location in which the company sold does business. However, the area where a business is 'carried on' is not limited to the locations of its buildings, plants and warehouses, nor the area in which it actually made sales. Here, a company that primarily does business in 4 counties is able to show that they are a California service and may enforce a covenant not to compete in any and all 58 counties in California.
A home health care provider which admitted having received a copy of the summons and complaint filed by the assignee of a State Compensation Insurance Fund debt was not entitled to have the default judgment against it vacated on the basis of improper service.
(1) the AMA Guides portion of the 2005 Schedule is rebuttable; (2) the AMA Guides portion of the 2005 Schedule is rebutted by showing that an impairment rating based on the AMA Guides would result in a permanent disability award that would be inequitable, disproportionate, and not a fair and accurate measure of the employees permanent disability; and (3) when an impairment rating based on the AMA Guides has been rebutted, the WCAB may make an impairment determination that considers medical opinions that are not based or are only partially based on the AMA Guides.
[Superceded] Section 4062.3 expressly prohibits ex parte communications with a panel qualified medical evaluator, with the only exception being for communications by the employee or deceased employee's dependent in connection with an examination, and in the event of unauthorized ex parte communication permits the aggrieved party to obtain a new evaluation from another panel qualified medical evaluator.
Section 4062.3 expressly prohibits ex parte communications with a panel QME, with no exception based on the initiator of the communication or for 'administrative' matters. Nevertheless, because a certain degree of informality in workers' compensation procedures has been recognized, not every conceivable ex parte communication permits a party to obtain a new evaluation from another panel QME.