The Element of Surprise as an Ex Parte Communication, by Mark L. Kahn, Esq. Attorneys cannot surprise the other side and show "information" (films or vocational reports) to AME at cross-examination as it is an ex-parte communication in violation of Labor Code section 4062.3 because the parties must agree on what "information" is to be provided to an AME. In the case of Trapero v. North American Pneumatics, 2012 Cal. Wrk. Comp. P.D. LEXIS 541, the WCAB came to this exact conclusion. Read more.

"The Labor Code does not permit a defendant to bury its head in the sand in order to dodge its obligations." In The Romano Trust v. The Kroger Co., 2013 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel declared it had rarely encountered a case in which a defendant "has exhibited such blithe disregard for its legal and ethical obligation to provide medical care to a critically injured worker." In Romano, the WCAB panel affirmed the WCJ's award of multiple 25 percent penalties under LC 5814 and attorney's fees under LC 5814.5 for defendant's 11 separate instances of unreasonable delay or denial of medical care to the applicant who incurred industrial injuries to various body parts on 12/20/2003 and in the form of MRSA, which ultimately led to his paralysis and death on 5/2/2008, when...read more to access the decision.

Kids' Chance of California is a non-profit charitable organization whose mission is to provide need-based educational scholarships to the children of California workers who have been fatally or seriously injured on the job. In 2010 there were over 464,000 workplace injuries in California, resulting in 302 deaths. Serious work-related accidents can have a devastating impact on families, especially children. Read more to find out how to help.