California Banner 2012 Chess Board
Vol. 3, Issue 18

Find Solutions & Strategies                               April 30, 2012

EquityEquity
 
Does the WCAB's application of equitable principles preclude a predictable outcome?
In This Issue
* EQUITY
* WCAB JURISDICTION; PRO ATHLETES
* WCJ NEWS: Dunk
* BLOG ROUND UP: Fraud, CCCs
* NEWS HEADLINES: Rate hearing set for May 15
* eNEWSLETTER ARCHIVES

A Note From the Editor

Robin Kobayashi 2010

Dear WC Professionals:  

 

This issue of the eNewsletter is dedicated to Michele Vivona, who passed away suddenly and tragically on April 21. Considered a legend at LexisNexis, Michele was a leader and innovator of the LexisNexis Communities, including our Workers' Comp Law Community. She will be greatly missed.

 

Sincerely,

Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations

In Memoriam

Michele Vivona 

Michele Vivona (1964-2012)

 

Sr. Vice President

Global Web Strategy

LexisNexis

equity

Does the WCAB's Application of Equitable Principles Preclude a Predictable Outcome? Almost 100 years ago, our Legislature was directed to "create and enforce a liability on the part of all employers to compensate their employees for any injury incurred by the said employees in the course of their employment irrespective of the fault of either party." This language was modified by an amendment adopted on November 5, 1918, which is in the current state Constitution, as renumbered, without substantive change. The Legislature complied with this directive by the enactment of the Labor Code. This statutory scheme "rest[s] on the underlying notion that the common-law remedy [for industrial injuries to workers], with the requirements of proof incident to that remedy, involves intolerable delay and great economic waste, gives inadequate relief for loss and suffering, operates unequally as between different individuals in like circumstances, and that, whether viewed from the standpoint of the employer or that of the employee, it is inequitable and unsuited to the conditions of modern industry." > Read more.

 

jurisdiction; pro athletes

Football JurisdictionThe WCAB has recently issued two noteworthy panel decisions related to the WCAB's subject matter jurisdiction in which the professional football player claimed  cumulative trauma  but played only a single football game in California. The decisions in Booker and Jameson will be added soon to the LexisNexis database. Read more about these cases. 

 

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

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wcj NEWS

> Hon. John Dunk is now a judge at the Marina del Rey Office.

blogs: lexisnexis workers' comp law community 

 

Fraud Sign

Workers' Comp Fraud Blotter - Letter Carrier Collected Workers' Compensation Benefits While in Jail, by LexisNexis Workers' Compensation Law Community Staff. Read it.    

 

 

 

Cal Comp CasesFire Chief's Squamous Cell Carcinoma Not Barred by Statute of Limitations -May CCC Advanced Postings (4/25/2012). Lexis.com subscribers can access the fourth batch of advanced postings. Read it.

NEWS HEADLINES

CA: SCIF Avoids Further Lay Offs; Buyout Packages Called a Success.

CA: WCIRB Sets May 15 Hearing Date on Rate Filing.

CA: CAAA Members Have Clients Testify About Medical Treatment Delays, Denials.

CA: Senate Rules Committee to Hold Confirmation Hearings for Baker, Moran on May 2.

CA: State Personnel Board Posts WCJ Position in Santa Ana.

NCCI Posts 2012 Workers Comp Issues Report.

NCCI Releases Research Study on Benefit Duration.

U.S. Senate Approves Postal Reform, FECA Reform Legislation.

U.S. Postal Bill Could Have Broader Implications for All Federal Employees.

AMA Supports Model Rule to Streamline Medical Billing for Workers Comp Insurance.

WCRI Publishes 2012 Annual Report.

EEOC Rules Sex Discrimination Law Applies to Transgenders.

Zurich Partners With Associated General Contractors of California.

Utica Mutual Insurance Announced Board Changes.

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.

April 23, 2012: Vocational Rehabilitation Experts.
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