Workers’ Comp eNews

Substantial evidence. It’s the bedrock standard for the Workers’ Compensation Appeals Board (WCAB). All decisions they make must be supported by substantial evidence. Otherwise, the WCAB has a duty to develop the record so they can get evidence that is substantial. Read more

As Chair of the California Lawyers Association Workers’ Compensation Executive Committee I hereby express our best wishes to the community and our mutual wish for a special and productive New Year! In line with our expressed interests in improving the reputation and quality of our area of practice, we have planned a year chock full of excellent educational events, community outreach , coordination with other sections, assistance to the appellate courts and of course our pride and joy the continuation of our excellent publications the E-New and the Workers’ Compensation Quarterly. Read more

After a contentious debate during the 2019 legislative session, AB 5 passed and was signed by Governor Newsom on September 18. Read more

We have arrived at the time of year when the holidays and the rush of preparation and celebration tends to raise our blood pressures, raise unrealistic expectations, increase our waistlines and to distract us from what we really should be doing as the year comes to an end. What we as individuals and as a community should be doing at this time of year is reflecting upon the year that has passed, the good and bad and engaging in introspection. Are we satisfied with how we have conducted ourselves? Are we pleased with what we have accomplished? Have we treated our fellow practitioners? Have we treated family, friends and acquaintances in the way we would expect to be treated? Have we contributed to making our world a better place or not? Read more

Governor Newsom has now signed SB 542, a bill which creates a rebuttable presumption that firefighters and certain peace officers diagnosed with PTSD have incurred an industrial injury. Read more

Since the Kite decision issued in 2013, there have been a number of cases, nearly all Board Panel Decisions, which have discussed the issue of adding versus combining of disabilities. None of the cases that I have found consider whether or not the reasoning in Kite was sound. From the defense perspective, the reasoning in the case just never made sense to me. Read more

It is with great excitement and pride that I have assumed the role of Chair of the Executive Committee of the Workers’ Compensation Section of the California lawyers Association.my Term Runs from October 12th of this year for one year. I have been privileged to be a part of the executive committee as it transitioned from functioning as part of the State Bar of California to its new role as a section within the newly formed California Lawyers Association. Read more

I have been involved as an applicant’s attorney, judge pro-tem, arbitrator, mediator, writer, lecturer and volunteer in this system since 1974. I have represented uninsured employers and have advised the Legislature regarding reform and legislation. I am currently the incoming Chair of the California Lawyers’ Association Workers’ Compensation Section’s Executive Committee. I care deeply about the integrity and reputation of our area of legal practice and of the practitioners involved in the daily processing and litigation of Workers Compensation cases. Read more

My one-year position as the Chair of the Executive Committee of the Workers’ Compensation Section of the California Lawyers Association (CLA) comes to an end at the conclusion of the CLA Annual Meeting in Monterey on Saturday, October 12. Although I am sad this chapter of my life is ending, I am grateful I was given the chance to serve in this capacity. Read more

The California WCAB has issued a series of en banc decisions that provide an answer as to how the workers’ comp system will define a catastrophic injury. SCIF will file a Petition for Writ of Review, and the issue may ultimately be decided by the California Court of Appeal. Read more