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Workers' Compensation News


Jacobsmeyer: Appellate Court Rejects PTD 'In Accordance With the Fact' 10/05/2018
By: Jake Jacobsmeyer
State: CA | Segment: Top | 276 | 0
The 3rd District Court of Appeal has issued a stunning decision rejecting the Workers' Compensation Appeals Board's reliance on an award by a judge of permanent total disability based on Labor Code 4662(b)’s language of disability "in accordance with the fact.” ...Read More

Jacobsmeyer: Supreme Court Cites Exclusive Remedy in King Decision 09/04/2018
By: Jake Jacobsmeyer
State: CA | Segment: Top | 435 | 0
In one of the most anticipated appellate decisions of 2018, the California Supreme Court has reversed the Court of Appeal decision in King v. CompPartners. ...Read More

Jacobsmeyer: Sanity Prevails at 4th DCA 03/20/2018
By: Richard M. Jacobsmeyer
State: CA | Segment: Top | 608 | 0
The 4th District of the Court of Appeals has reversed a puzzling Workers' Compensation Appeals Board decision that had awarded total temporary disability benefits beyond five years from the date of injury, ignoring the plain language of Labor Code 4656(c)(2). ...Read More

Johnson: SIF Premium Assessment Increase 12/18/2017
By: Arthur L. Johnson
State: CA | Segment: Top | 1089 | 0 | Popular with Legal
In my opinion, there are three reasons for the increases in California's Subsequent Injuries Benefits Trust Fund costs: SB 899 and the Escobedo case. SB 899 and the ...Read More

Jordan: Another Michigan Spine Case 10/18/2017
By: Jennifer Jordan
State: MI | Segment: Top | 721 | 0
An opinion out of the U.S. District Court for the Eastern District of Michigan reported on Oct. 13 shows that the Michigan Spine and Brain Institute is at it again. ...Read More

Jordan: CIGA Entitled to Judicial Declaration of Unlawful CMS Interpretation of MSP 05/11/2017
By: Jennifer Jordan
State: NA | Segment: Top | 1572 | 0 | Popular with Insurance
On May 3, the U.S. District Court for the Central District of California issued its order with regard to CIGA’s entitlement to relief following the court’s award of partial summary judgment in January. ...Read More

Jordan: Evidence of Medicare Advantage Organization Not Acting in Medicare's Best Interests 05/08/2017
Source: Jennifer Jordan
State: NA | Segment: Top | 1124 | 0
For the past year or so, we have watched courts treat Medicare Advantage Organizations (MAOs) as if they were on equal footing as the federal government acting in the best interest of the Medicare Trust Funds.  ...Read More

Jacobsmeyer: 3rd District Rules Apportionment to Genetic Factors Permissible 04/28/2017
By: Jake Jacobsmeyer
State: CA | Segment: Top | 2073 | 0 | Popular with Legal
The Court of Appeals in the 3rd District has issued a blockbuster opinion on apportionment in City of Jackson v WCAB (Rice) regarding the requirements for substantial medical evidence in worker&rsq...Read More

Jacobsmeyer: 3rd District Upholds Validity of IMR Process 03/30/2017
By: Jake Jacobsmeyer
State: CA | Segment: Top | 1158 | 0
The 3rd District Court of Appeals has issue its decision in Ramirez v. WCAB, again upholding the constitutionality of the IMR process for review of UR determinations and providing, perhaps, some a...Read More
Jacobsmeyer: Late IMR Is Valid IMR 06/27/2016
State: CA | Segment: Top | 1072 | 0
The 2nd Appellate District has issued the first of what should prove to be several appellate decisions on the timeliness of independent medical review decisions and the assertion by a Workers' Compensation Appeals Board panel decision that IMR timelines were mandatory, and late...Read More
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