Workers’ Comp eNews

Analysis of Two Important WCAB Decisions by Kenneth Kingdon, Member of the CLA, Workers’ Compensation Section Executive Committee In this article, Kenneth Kingdon analyzes two recent WCAB decisions interpreting the Kite decision: Martinez and Conrad Martinez v. State of California, Department of Corrections 2020 Cal. Wrk. Comp. P.D. LEXIS 51 Issues Adding versus combining nonoverlapping ratings Effect of overlap/duplication Pyramiding Disposition The WCAB reversed the WCJ and held that in order to add rather than combine ratings, it is not… Read more

After a year of pandemic-related shutdowns, California’s gradual reopening has been carrying gargantuan implications for the state’s workers’ compensation stakeholders. Read more

Are you planning on taking the legal specialization exam this year? Are you new to workers’ compensation and looking for a comprehensive review of workers’ compensation law? Or if you just want to brush up on some of the fundamental principles of Workers’ Compensation, you should sign up for Workers’ Compensation Boot Camp 2021. Read more

The Division of Workers’ Compensation has proven again that it is one of the busiest court systems in the state. Since the onset of the COVID pandemic in March of 2020, the court has never closed Read more

The saga continues. We are still in the Covid-19 world. Like a story that goes on for too long it is wearing on all of us and all of our institutions. Our system continues to do the best it can to deal with the challenges we and our clients face in these strange times. Nearly 600,000 Americans have died. Businesses have taken a severe toll as have employees. We are all very tired of the isolation and stressors brought about by this continuing situation. Read more

Did you know that as a member of the California Lawyers Association, Workers’ Compensation Section your annual membership dues includes a subscription to one of the fastest growing online research tools—Fastcase? It’s true! Read more

At the end of 2020, it’s time to take stock of what transpired in the California workers’ comp world. As you may guess, it was mostly COVID, COVID COVID. Read more

Notice and an opportunity to be heard are vital hallmarks of due process. In the context of litigation, throughout the history of the United States, these cherished rights, and values, have classically included an opportunity to cross examine witnesses, and, in normal times (such as times without a pandemic), to do so in person. The intrinsic value of such an in-person opportunity is not easily measured, but typically, both litigants and the courts have identified that the ability to assess the credibility of witnesses by seeing them face to face is an essential benefit to reaching a just result in the case. Read more

Recently, a highly respected long-term interpreter who regularly appears on cases at the WCAB Los Angeles District Office shared information that was provided at a continuing education seminar on remote interpreting depositions and trials. Read more

An Interview with Presiding Judge Kathleen Ortega—Redding District Office of the WCAB by Judge Therese DaSilva, Oakland District Office of the WCAB Read more