Check out these recent panel decisions that we're considering for the LexisNexis® services:  

 

Permanent Disability; Offers of Regular, Modified, or Alternative Work. WCAB rescinded WCJ's finding that defendant was not entitled to a 15% decrease in permanent disability awarded to applicant due to its failure to provide 12 months of continuous work, when nothing in statutory language or implementing regulations require that period of "at least 12 months" of continuous work be consecutive if defendant is in, or attempting to be in, substantial compliance with statute by making good faith offer of modified work and not otherwise acting in bad faith. Read the Hogue decision.

 

Permanent Disability; Offers of Regular, Modified, or Alternative Work. WCAB rescinded WCJ's finding that defendant was not entitled to a 15% decrease in permanent disability awarded to applicant due to its failure to comply with LC 4061(a)(2) and 4650(b) and remanded matter for further development of record, when WCAB disagreed that medical record put defendant on notice regarding applicant's permanent and stationary status prior to panel qualified medical evaluator's report, and treating physician never explicitly declared applicant permanent and stationary but continued to recommend treatment for worsening symptoms. Read the Paine decision.

 

Medical Treatment; Employer's Liability; Workers' Comp Fraud. WCAB rescinded WCJ's order allowing liens for medical treatment and remanded matter for WCJ to determine whether medical treatment charges were incurred because of applicant's industrial injury, in which case they are compensable, or for medical treatment necessitated as a result of applicant's arrest for suspected workers' comp fraud, in which case the charges are not allowable. Read the Rivas decision.

 

Petitions for Reconsideration; Page Limitation. WCAB enforced 25-page limit on defendant's petition for reconsideration under 8 Cal. Code Reg. § 10845. Read the Greenfield decision. 

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