California Banner 2012 Chess Board
Vol. 3, Issue 14

Find Solutions & Strategies                               April 2, 2012

Burden of ProofSix Months Employment Rule
 
Court provides valuable guidance on the Labor Code Section 3208.3 burden of proof
In This Issue
* SIX MONTHS EMPLOYMENT RULE
* UNDOING WC REFORM
* SANCTIONS & BAD FAITH
* BLOG ROUND UP: Fraud, CCCs
* WCJ NEWS: 11 recent changes
* NEWS HEADLINES: Workers' comp hearings
* eNEWSLETTER ARCHIVES

A Note From the Editor

Robin Kobayashi 2010

Dear WC Professionals:  

 

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Robin E. Kobayashi, J.D.
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six months employment rule

Richard JacobsmeyerCourt Rules Labor Code Section 3208.3 Burden of Proof Falls on Applicant, by Richard M. Jacobsmeyer, Esq. The Second District Court of Appeals has reversed a W.C.A.B. award of psychiatric injury for an employee with less than 6 months employment and in doing so has provided valuable additional guidance on the criterion for meeting the statutory exception to the 6 month limitation on such injuries and the burden of proof under Labor Code 3208.3(d). In State Fund v W.C.A.B. (Garcia) ... > Read more.

undoing workers' comp reform

In a White Paper released March 2012, the California Labor Federation called for "undoing the damage" of SB 899, claiming injured workers have been "forced to foot the bill" for employers' reduced workers' comp costs and insurers' "historic profits". "Key Facts" include (1) workers' comp claim frequency has been pushed even lower because SB 899 has made it harder for injured workers to obtain benefits; (2) deregulation of the insurance market beginning in 1993 led to the crisis in workers' compensation; (3) SB 899 slashed permanent disability benefits by 40%, and total permanent disability has been slashed by two-thirds; (4) time limits on temporary disability have forced workers to rely on group health insurance and state disability insurance; (5) medical treatment is delayed and denied by insurance companies applying utilization review and strict interpretation of medical treatment guidelines; (6) a cottage industry of medical providers, pharmacies, and others have exploited the system, driving up costs; and (7) incentives for employers to return injured workers to work are inadequate and ineffective. > Read the White Paper.

recent panel decision: SANCTIONS

WCAB, granting reconsideration, issued notice of its intention to (1) rescind WCJ's Order wherein WCJ awarded costs to applicant's attorney of $15,610 and imposed sanctions of $2,500 against defendant, (2) find that defendant and its attorney engaged in bad faith actions and frivolous tactics, and (3) order payment of reasonable expenses, including attorney's fees and costs of up to $15,610, and impose sanctions of up to $2,500 under LC 5813 and Rule 10561, jointly and severally, against defendant and defense counsel, when WCAB found that defendant violated CCP 2019.030, 2023.010, 2025.410, and 2025.610, by seeking to depose applicant on multiple occasions without reasonable justification, without applicant's consent and without statutory basis, by unsuccessfully opposing applicant's motion to quash her deposition, by unsuccessfully filing motion to compel and by unsuccessfully asserting that applicant engaged in misuse of discovery process, thereby making imposition of sanction mandatory under CCP 2025.410(d), and when contentions and misrepresentations made by defendant in multiple verified pleadings with respect to applicant's deposition transcript were entirely without merit. See Weilmann panel decision.

 

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

blogs: lexisnexis workers' comp law community & beyond

 

Fraud Sign

Workers' Comp Fraud Blotter - Labor Investigator Forfeits Gold Bars, Coins, Lexus, and Homes On Way To Federal Prison, by LexisNexis Workers' Compensation Law Community Staff. Read it.   

   

 

 

Cal Comp CasesNo Permanent Total Disability Found Based on AME and VR Expert Opinions: April CCC Advanced Postings (3/29/2012). Lexis.com subscribers can access the first batch of advanced postings. Read it.    

 

 

WCJ NEWS

> Garrett Bailey is no longer a judge in Los Angeles.

> Penny Barbosa is a new judge in Los Angeles.

> Gregory Palmberg is a new judge in Marina Del Rey.

> Gail Rentzer is a new judge in Marina Del Rey.

> Cirina Rose is a new judge in Marina Del Rey.

> Robert Spoeri is a new judge in Marina Del Rey.

> Melanie Schodde transferred from San Bernardino to Riverside, eff. 4-1-2012.

> Karen Traw will serve as an annuitant in San Bernardino, eff. 4-1-2012.

> Donna David transferred from Long Beach to Santa Ana, eff. 4-2-2012.

> Paul DeWeese transferred from Los Angeles to Santa Ana, eff. 4-2-2012.

> Lynn Devine transferred from Los Angeles to Van Nuys, eff. 4-2-2012.

NEWS HEADLINES

CA: Assembly Committee Holds Hearing on Workers Comp Rules.

CA: Columnist Dan Waters Talks About Upcoming Workers Comp Legislative War.

CA: DWC Posts Annual Report.

CA: State Personnel Board Posts WCJ Position.

CA: WCIRB Reports Increase in Late Claims, Cumulative Injury Claims, Loss Adjusted Expenses.

CA: WCIRB to Elect New Governing Committee Chairperson.

Medical Panel Says Zadroga 9/11 Health Care Act Should Cover 30 Different Cancers.

WCRI Says Workers Comp Medical Prices Higher in States Without Fee Schedules.

HR 4298 Would Simplify Paperwork for Black Lung Act Benefits.

FECA Reform Debate Delayed at U.S. Senate.

Best Week Says "Big Changes Lie Ahead" for Workers Comp Excess Line.

NCCI Posts Pool Administration Reports.

K2 Insurance Services Acquires Majority Interest in Midwestern Insurance Alliance, Inc.

enewsletter archives

Take a deep dive into our past eNewsletters for 2012 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

March 26, 2012: Temporary Disability and the "For Cause" Termination.
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