by (July 6, 2023)
In the age of remote hearings and electronic communications, it has become common for parties to informally communicate with each other via email. However, this ease of communication has led to significant pitfalls that can…
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by (July 6, 2023)
One of the most frequently-asked questions when defendants wish to settle a case is whether the Supplemental Job Displacement Benefit (SJDB) voucher is owed. In many cases, the issue is straightforward and can be answered…
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by (July 6, 2023)
One of the most effective tools at a defendant’s disposal is the ISO ClaimSearch, which can shed significant light on whether an applicant has preexisting dates of injury from workers’ compensation claims or personal injury…
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by (June 26, 2023)
Vocational rehabilitation experts may no longer simply ignore physicians’ valid medical apportionment findings and substitute it with “vocational apportionment,” the Workers’ Compensation Appeals Board ruled in a new en banc decision. The WCAB determined in…
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by (June 20, 2023)
An applicant failed to prove that a defendant neglected or refused to provide medical care, and must continue treating within the defendant’s medical provider network (MPN), according to a new panel decision from the Workers’…
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by (June 7, 2023)
A new panel decision from the Workers’ Compensation Appeals Board affirmed a decision to reduce an applicant’s attorney’s LC 5710 fees for work performed in response to a deposition of the applicant. The board affirmed…
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by (May 30, 2023)
When defending against an applicant with a prior award under an older permanent disability rating schedule, practitioners should take a few extra steps to ensure that they get Benson apportionment to the prior award. Although…
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by (May 25, 2023)
The 2nd District Court of Appeal has now completed oral arguments and is considering final briefing in the dispute over whether the Workers’ Compensation Appeals Board’s “grant for study” process is constitutional or not. The…
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by (May 10, 2023)
A key California Assembly Committee approved a bill that would provide additional temporary disability (TD) for improperly-denied medical treatment, but the bill still has a long way to go before it would become law. Lawmakers…
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by (April 27, 2023)
After a brief timeout, out-of-state NFL teams have returned to defending injury claims at the California WCAB. In 2013, the Legislature specifically amended Labor Code 3600.5 to take non-California injury claims out of California courts…
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