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California: Procedure for Obtaining a QME Panel in a Different Specialty in a Disputed Case
BOARD PANEL OPINION PROVIDES A SUCCINCT EXPLANATION By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board The process...
California Compensation Cases April 2024
CALIFORNIA COMPENSATION CASES VOL. 89, NO. 4 APRIL 2024 A REPORT OF EN BANC AND SIGNIFICANT PANEL DECISIONS OF THE WCAB AND SELECTED COURT OPINIONS OF RELATED INTEREST, WITH A DIGEST OF WCAB ...
California: Shipley Doctrine Lives, Continues to Safeguard Due Process Rights of Litigants Before the WCAB
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Several months ago, an article in LexisNexis Workers’ Compensat...
California: ERISA and Federal Preemption Claims vis-à-vis Workers’ Compensation State Requirements
By William Tappin, Esq., Law Offices of Tappin & Associates, Sierra Madre, CA There has been a lot of confusion with respect to whether ERISA preempts state laws regarding numerous programs, in...
Larson’s Workers’ Compensation Law Case Spotlights (Spring 2024)
By Thomas A. Robinson, co-author, Larson’s Workers’ Compensation Law Editorial Note: All section references below are to Larson’s Workers’ Compensation Law, unless otherwise indicated. ...
California Compensation Cases March 2024
CALIFORNIA COMPENSATION CASES VOL. 89, NO. 3 MARCH 2024 A REPORT OF EN BANC AND SIGNIFICANT PANEL DECISIONS OF THE WCAB AND SELECTED COURT OPINIONS OF RELATED INTEREST, WITH A DIGEST OF WCAB ...
California: A Successful Flight with Kite Ain’t What it Used to Be
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board It has been over a decade since the 2nd DCA (District Court of Appeal) denied writ in the case of AT...
California: Incompetency and Proceedings Before the WCAB
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Among the varied duties of the Workers’ Compensation Appeals Bo...
Analyzing the Pandemic’s Big Shift in Working from Home: Productivity, Innovation, Working Arrangements, Pay
By Christopher Mahon, LexisNexis Insights Contributing Author In 1965, less than 0.5% of American workers worked from home. Due to technological innovation in the late twentieth century, that 0...
California: Defendant’s Liability for Post-Award Compensable Consequence Injuries
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Even carefully crafted stipulations that purport to limit an empl...
California: Is the Good Faith Personnel Action Defense to a Claim of Psychiatric Injury Illusory?
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Claims of work-related psychiatric injuries have a fraught histor...
CWCI Study Examines Cumulative Trauma and Litigated Claims in California Workers’ Comp
Oakland - A new California Workers’ Compensation Institute (CWCI) study shows that almost half of all litigated claims in the LA Basin are cumulative trauma (CT) claims that involve physical or...
California: Noteworthy Independent Medical Review (IMR) Decisions (February 2024)
LexisNexis has selected some recently issued noteworthy IMR decisions that illustrate the criteria that must be met to obtain authorization for a variety of different medical treatment modalities...
California Compensation Cases February 2024
CALIFORNIA COMPENSATION CASES VOL. 89, NO. 2 FEBRUARY 2024 A REPORT OF EN BANC AND SIGNIFICANT PANEL DECISIONS OF THE WCAB AND SELECTED COURT OPINIONS OF RELATED INTEREST, WITH A DIGEST OF WC...
California: Is Shipley on Life Support? The Implications of Zurich
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board In the 1785 poem, To a Mouse, Robert Burns observed that the best...