Workers’ Compensation
Ca. Workers' Comp. Quarterly 2019, Vol. 32, No. 2
Content
- 2019 Steve Jimenez Memorial Special Recognition Awards
- Adding Versus Combining Ratings: An Update on the Kite Line of Cases and Rebuttal of the Combined Values Chart
- Approaches to Care for Catastrophic Cases
- "Impermissible Factors" in Apportionment: a History of the Current Legal and Legislative Debate
- Why the Carve-Out Works When the Comp System Does Not
- Wilson En Banc Decision Takeaways
- Workers' Compensation Section 2018-2019 Executive Committee Roster
- Note from the Editor
Note from the Editor
Randy Pollak, Esq.
Thousand Oaks, California
Welcome to the Volume 32, No. 2, issue of the Quarterly! I hope you all are enjoying your summer.
Our workers’ compensation community has seen some important legal decisions in the last few months. In May the WCAB issued its en banc decision in Kris Wilson v. State of California (2019) 84 Cal.Comp.Cases 393, which comprehensively addressed for the first time the "catastrophic injury" exception to the restriction on psychiatric permanent disability add-ons under Labor Code section 4660.1(c)(2)(B). The WCAB held that the analysis is a fact-driven inquiry that is to focus on the "nature of the injury" by reviewing various factors. The defendant subsequently challenged that holding with its own Petition for Reconsideration, which the WCAB en banc denied on July 15th of this year.