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The Sticky Wicket That Is Home Health Care. An injured employee's entitlement to home health care is oftentimes a hotly contested issue in the workers' compensation arena. Home health care issues can vary in nature. Issues in these cases may involve the level of skill involved; the number of hours in a 24-hour period assistance is needed, not to mention the appropriate hourly rate at which the services should be paid. As an example of the potential dollars involved in these cases, if a spouse is providing services for 24 hours per day, at an LVN skill level, assuming an hourly rate of $25 per hour, and assuming a life expectancy of 35 years, the future value of these services amounts to over $7.6 million. After doing the math, it is easy to see why a great deal of litigation surrounds these particular issues! Recently, a panel of commissioners addressed home health care. > Read more.

CWCI Report Documents Increasing Workers' Comp Losses For California Public Self-Insureds. A new California Workers' Compensation Institute analysis of more than 10 years' worth of data compiled by the California Office of Self-Insurance Plans (OSIP) shows that for the fifth year in a row, increases in the average loss per claim, led by escalating medical losses, pushed up total workers' compensation costs for cities, counties and other public agencies in the state last year. > Read more.

Cumulative Injury; Statute of Limitations. WCAB, affirming WCJ, held that applicant/police officer's 2005 claim for industrial injury in form of hypertension, hypertensive heart disease and left ventricular hypertrophy during period 1988 to 9/29/2009, with 3/16/2006 date of injury pursuant to LC 5412, was not barred by LC 5405 statute of limitations, notwithstanding that applicant did not act within one year to adjudicate his 2003 claim of industrial injury in form of high blood after it was denied by defendant, because injury to applicant's heart found by WCJ was different than high blood pressure alleged on 2003 claim form and, because LC 3212.5 presumption of industrial causation applied, applicant's heart trouble could not be attributed to any disease that existed before it developed or manifested itself. See the Tanksley panel decision.

Reminder: Be sure to check the subsequent history of a case before citing to it.