Workers’ Compensation

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

By Julius Young What were the top developments in California  workers’ comp during 2017? Every year (and at mid year) I compile a list of my picks for top developments in California’s workers’ comp. I’ve included links to some of the primary source material as well as links to some of the in-depth posts I did on these various topics. Here, in no particular order, are my picks for noteworthy happenings and trends during 2017: 1. California finalized plans for… Read more

By Ray Correio California: Apportionment of Permanent Disability Related to Genetics and Heredity: Is It A Causational Diversionary Red Herring? The recent decision from the Court of Appeal in City of Jackson v. Workers’ Compensation Appeals Board (Rice) (2017) 11 Cal.App. 5th 109, 2017 Cal.App. LEXIS 383 (certified for publication), has justifiably engendered wide spread controversy in the workers’ compensation community as evidenced by numerous articles and upcoming seminars related to analysis of the case as well as proposed litigation strategies all focused… Read more