Workers’ Comp eNews

Workers' Compensation Section January 2019 eNews: Message from the Chair
Happy New Year everyone! I hope you all had a peaceful holiday season.
As promised in my December eNews article, over the next nine months, I will highlight the nine subcommittees of the Workers' Compensation Section Executive Committee of the California Lawyers Association (CLA), starting with Education. Read more

By Hon. Robert G. Rassp[1] What does an Applicant’s attorney do when the feds come calling and say the Applicant has been overpaid social security disability benefits (SSDI) because of a large Compromise and Release? This article addresses this issue along with attorney best practices in these cases and how judges who approve lump sum settlements can protect against an Applicant’s reduction of monthly social security disability benefits due to a large settlement of his or her workers’ compensation case.… Read more

By Jake Jacobsmeyer The 3rd District Court of Appeal has issued a stunning decision rejecting the W.C.A.B.’s reliance on an award by a WCJ of Permanent Total Disability based on Labor Code 4662(b)’s language of disability “…in accordance with the fact”. In doing so, the Court specifically found, in the absence of PTD under Labor Code 4662(a), the only way to make a finding of PTD is under Labor Code 4660[1]. In California Department of Corrections and Rehabilitation (CDCR) v W.C.A.B.… Read more

By Jack Jacobsmeyer In one of the most anticipated appellate decisions of 2018, the California Supreme Court has reversed the Court of Appeal decision in King v CompPartners. The Court determined the Labor Code’s exclusive remedy provisions limit an employee’s ability to proceed outside the W.C.A.B for injuries alleged to have occurred as a result of the utilization review process. In doing so, the Court extended the employer’s exclusive remedy protections to entities providing statutorily required services on behalf of the… Read more

By Kia Myers Recently, the WCAB issued a decision limiting the scope of discovery of Defendant’s subpoena for medical records. In Gildo Beitia v. City of Oakland, 2018 Cal. Wrk. Comp. P.D. 228, the WCAB denied Defendant’s Petition for Removal of WCJ’s Ordering Limiting the Scope of its subpoena for medical records in a split decision. Defendant argued that by issuing the order without a hearing Defendant’s right to due process was denied. The WCAB disagreed. In Beitia, Applicant filed… Read more

By Julius Young The California Supreme Court has rendered a 4-3 decision in Hassell v. Bird (see link to the decision at the bottom of this post). This case may be of interest to attorneys, doctors, insurance brokers and other providers who service the California workers’ compensation system. We live in a mobile, internet world. Increasingly it seems that individuals rely on online information rather than traditional referral sources when they select providers. And many are not hesitant to provide “reviews”, some… Read more

By Nikki Mehrpoo JacobsonCertified Legal Specialist in Workers’ Compensation Lawby the State Bar of California Board of Legal Specialization AN INJURED WORKER MAY BE ELIGIBLE FOR LEGAL STATUS (U-VISA) IN THE UNITED STATES AND WCJs MAY HAVE AN INTEGRAL ROLE IN THE PROCESS** (**Please note that this article is limited to the U Visa. Injured Workers may also be entitled to T Visa benefits) The issue of “violent acts” and “catastrophic injuries” have been a hot topic of discussion ever… Read more

By Julius Young RAND has now delivered to CHSWC a draft report on the California Return to Work Supplement Program. The report (see the bottom of this post) on the RTWSP has now been uploaded to the CHSWC website, with public comments due by May 7, 2018. RAND’s Michael Dworsky presented slides and a summary of the draft report at the April 5, 2018 CHSWC meeting. The RTWSP is commonly referred to by some in the industry as the $120… Read more

By Christian P. Kerry On March 6, 2018, in County of San Diego v. Workers’ Compensation Appeals Board (Pike), the Court of Appeals filed a published opinion, holding that, under Labor Code section 4656(c)(2), an injured worker is not entitled to either temporary disability benefits or full salary benefits under Labor Code section 4850—more than five years from the date of injury. This decision reversed the decisions of the WCJ and WCAB, which held that, under Labor Code section 4656 (c)(2),… Read more

By: Omar Behnawa, LFLM San Diego Senate Bill 1160 was signed into law on 9/30/16.  The Bill seeks to address concerns by both defendants and claimants/applicants. The Bill increases control of liens, a concern for defendants, in exchange for less restrictive Utilization Review (UR) at the start of the claim – a concern for claimants/ applicants. For dates of injury on or after 1/1/18, there is no requirement for UR, subject to some exceptions.  Treatment requests within the first 30… Read more