Pepsi or Coke? The Latest on COLA in California. When a workers' compensation practitioner talks about the appropriate COLA, he is usually not discussing his favorite soft drink! Rather, Labor Code Section 4659(c) indicates that certain awards of permanent disability shall be increased annually by something called the State Average Weekly Wage (SAWW). The SAWW is a figure published by the State of California to reflect how much wages increased during the prior year. This SAWW figure in turn serves as a cost of living adjustment (COLA) when paying these permanent disability awards. Read more.

This noteworthy panel decision will be added soon to the LexisNexis services. 

Permanent Disability Rating; DFEC. WCAB affirmed WCJ's finding that applicant incurred 84% PD as a result of 7/23/2001 industrial injuries to her psyche, skin, and in forms of headaches, chronic pain and fibromyalgia, and held that vocational expert's opinion did not constitute substantial evidence to support a finding of 100% PD when vocational expert did not meet with applicant, did not complete a formal work evaluation, only reviewed AMEs' reports which did not support a finding of PTD, and expressed mere conclusions without adequate investigation, and WCAB found that (1) pursuant to Rodrigues, a vocational expert opinion made without an individualized work up is not substantial evidence, and (2) although an applicant may be permanently totally disabled with a GAF score of 45, GAF score alone, without further analysis of why the applicant is precluded from working, does not support finding of PTD. See Mrozek-Payne decision.

Workers' Comp Fraud Blotter: Window Cleaning Company Owner Pays Over $300,000 in Restitution For Fraud Conviction.  Read it. 

Commercial Traveler Rule Applied to Injuries Resulting From Dive Into Hotel Swimming Pool: September CCC Advanced Postings (9/13/2012). Lexis.com subscribers can read it.