Workers’ Comp eNews

Members of the CLA Workers’ Compensation Committee have access to Publications, Online and Self-study CLE. Read more

As promised last month, this month we are highlighting the Publications Subcommittee of the Executive Committee of the Workers’ Compensation Section of the California Lawyers Association (CLA). The Chair of this subcommittee is Jack Goodchild and below please find what Jack had to say about his subcommittee: Read more

By Barry Lesch The First District Court of Appeal gave employers and carriers an unexpected Christmas present a few days early with its published opinion in City of Petaluma v. WCAB (Lindh), No. A153811, which issued on December 10, 2018.  The case reinforces and reinvigorates the notion that legally valid apportionment can come from underlying pathology or an asymptomatic pre-existing condition or disease. Though SB 899 was supposed to create a sea change in how the compensation system worked for… Read more

How has the law been developing on the “violent act” exception to California Labor Code 4660.1(c)(1)?
Labor Code 4660.1(c)(1) is the section of the 2012 comp reforms which for post 1/1/2013 dates of injury prohibits increased PD ratings for sleep dysfunction, sexual dysfunction or psychiatric disorder arising out of compensable physical injury. The section does not apply to “direct injuries” (as opposed to compensable consequence injury) and does not prohibit PD awards in so called mental-mental injuries. Read more

As promised, my eNews April Message from the Chair is devoted to highlighting the Awards and Recognition Subcommittee of the Executive Committee of the Workers’ Compensation Section of the California Lawyers Association (CLA).  One of our nine subcommittees. Erin Wintersteen is the Chair of this subcommittee.  I was delighted Erin said yes when I asked her to Chair this subcommittee.  I knew she would be perfect.  Below please find Erin’s summary of what this subcommittee is all about. “My name… Read more

The California Division of Workers’ Compensation has now announced free online access to medical evidence-based treatment guidelines (MTUS) for medical providers (see link to the press release below). Read more

This month I am highlighting the Legislation Subcommittee of the Executive Committee of the Workers’ Compensation Section of the California Lawyers Association (CLA). Read more

Section 4663 states, in pertinent part: “(a) Apportionment of permanent disability shall be based on causation.” (§ 4663(a).) There remains significant confusion amongst the bar as to the issue of apportionment of permanent disability per Labor Code, section 4663. One particularly confusing area, and the focus of this article, is what exactly it means to apportion the causative sources of permanent disability. Read more

By Maria Antonieta Sager, Workers' Compensation Section Chair. As promised last month in my January eNews article this month I will highlight the Practice and Ethics Subcommittee of the Executive Committee of the Workers' Compensation Section of the California Lawyers Association (CLA). This could not have come at a better time in light of the newly updated California Rules of Professional Conduct, three of which I will discuss below. Read more

Workers' Compensation Section January 2019 eNews: Top 10 Events of 2018 – Workers’ Comp System by Julius Young
As the year comes to a close, it’s time to assess what was significant in California’s workers’ compensation system in 2018. With hindsight, what were the big developments and the big themes? Read more