Industry Insights
| Apportionment Decisions | 12/02/2006 | ||
| State: CA | Segment: | 0 | |||
| By Jake Jacobsmeyer Two decisions were announced on the application of Labor Code sections 4663 and 4664. The 6th Appellate District has now weighed in on yet another couple of cases involving the application of Labor Code Sections 4663 and 4664 and the calculation of apport...Read More | |||
| AMA Brachial Plexus Impairments vs. Thoracic Outlet Syndrome | 12/02/2006 | ||
| State: CA | Segment: | 0 | |||
| By Luis Perez-Cordero and Craig Andrew Lange Q: Without objective clinical findings or symptoms, can a diagnosis of thoracic outlet syndrome, based on one ancillary test, be the only support for an impairment rating using Table 16-14? Peripheral Nerve Disorders: Brachia...Read More | |||
| Apportionment: Science or Science Fiction? | 11/04/2006 | ||
| State: CA | Segment: | 0 | |||
| By Marjory Harris In the first article in a series of editorials on "Workers' Compensation Disabled: What Went Wrong on the Road to Reform?" we explore the legal and scientific underpinnings to the current concept of apportionment of permanent disability. We look at common logical fal...Read More | |||
| After the Dust Settles: Liability vs. Immunity in the 9/11 Clean Up | 11/04/2006 | ||
| State: CA | Segment: | 0 | |||
| By Jon Coppelman Five years after the fall of the World Trade Center towers, there are lingering issues concerning the health of the rescuers. Over 40,000 workers rushed to the site in the immediate aftermath, and then sifted debris in the following weeks. It now appears that many of thes...Read More | |||
| ACOEM Application to Pre-SB 899 Treatment Upheld | 10/21/2006 | ||
| State: CA | Segment: | 0 | |||
| By Jake Jacobsmeyer The California Supreme Court denied the requests for hearing and/or for depublication of the Court of Appeal decision in Sierra Pacific v. WCAB (Chatham), 71 Cal. Comp. Cas 714, dealing with the application of the American College of Occupational and Environment...Read More | |||
| AB 1368 and the Attack on Substantial Evidence | 10/07/2006 | ||
| State: CA | Segment: | 0 | |||
| By David J. DePaolo California Gov. Arnold Schwarzenegger signed in to law last week AB 1368. That bill amended one of the apportionment statutes, Labor Code section 4663, to exempt designated public safety employees from apportionment due to pre-existing disability arising out of various...Read More | |||
| Appellate Court Modifies Burden of Proof Under Labor Code Sec. 4664 | 09/23/2006 | ||
| State: CA | Segment: | 0 | |||
| By Jake Jacobsmeyer The 3rd Appellate District issued a new opinion in a case providing additional judicial interpretation to another aspect of Labor Code Section 4664. In Kopping v. WCAB, the court has given us further clarification of how the presumption for prior awards of perma...Read More | |||
| A New LC 4658 Question: Does 15% Increase/Decrease Apply? | 09/09/2006 | ||
| State: CA | Segment: | 0 | Popular with Legal | |||
| A thread on the WorkCompCentral Forums (www.workcompforums.com) addressed an issue that the editors felt was of importance to the workers' compensation community. It is republished here, edited for grammar, spelling, with identities redacted. The ...Read More | |||
| Appeals Court Slams Door to Potential Floodgate of Psychiatric Claims | 09/09/2006 | ||
| State: CA | Segment: | 0 | |||
| By Jake Jacobsmeyer The 1st District Court of Appeal firmly shut the door on an effort to drive an enormous hole in the requirement for predominate causation of psychiatric injuries as required in Labor Code Section 3208.3. In reversing the WCAB's decision in Sonoma State v. WCAB...Read More | |||
| A Brief History of Workers' Compensation | 08/12/2006 | ||
| State: CA | Segment: | 0 | |||
| By David DePaolo, Esq Workers' compensation had humble beginnings and a very limited purpose. The system has grown in to the world's largest privatized social benefit program, through which nearly $100 billion a year in economic activity passes. From a simple concept - that injured worker...Read More | |||
