|
|
|
|
|
|
Find Solutions & Strategies January 27, 2014 |
|
 Attorney's Fee Awards in a Shifting Economy: Application of COLA |
|
|
| |
New 2014 Edition. Purchase here | |
|
|
A Note From the Editor | |
| |
Dear Work Comp Community:
Stop by the LexisNexis table at the DWC Conference Feb. 3-4 at the Marriott LAX for a 20% discount on books: Work Comp Index, WC Laws of Calif., Herlick Handbook, Rassp & Herlick, Lawyer's Guide to the AMA Guides, and Calif. Workers' Comp Medicare Set-Asides. See you there!
If you haven't already done so, sign up for our free eNewsletter here.
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
|
|
|
attorney's fee awards in a shifting economy: application of cola | |
By Marianne Tancor, J.D., Contributing Writer for California Compensation Cases, Calif. WCAB Noteworthy Panel Decisions Rptr.
 How to calculate and award reasonable attorney's fees has long been a hotly disputed issue confronting the WCAB. Adding to the fire in cases where attorney's fees must be calculated on lifetime awards of PTD or life pensions, is the issue of how, in the face of shifting economic conditions, to fairly and properly account for an injured worker's State Average Weekly Wage (SAWW) increases or Cost of Living Adjustments (COLA) so as to assure adequate compensation to the injured worker's attorney without adversely affecting the worker's PD payout over his or her lifetime. Read more.
|
 |
| how to rebut dfec | |
A WCAB panel has provided much needed guidance on how the principles in Ogilvie can be applied and what evidence is needed to rebut a scheduled rating.
 Permanent Disability; Rating; Vocational Evidence. WCAB affirmed WCJ's finding that applicant/medical records technician incurred 79 percent permanent disability as a result of industrial cumulative injury to her neck and right shoulder over period ending 3/14/2005, and held that applicant successfully rebutted diminished future earning capacity (DFEC) factor in 2005 Permanent Disability Rating Schedule with regard to right shoulder injury by showing, through substantial expert vocational testimony, that effect of such injury on earning capacity of similarly situated workers was greater than DFEC factor in 2005 Schedule, when WCAB found that ...read more.
|
|
| why injured workers lawyer up | |
Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers' Compensation eNewsletter, provides insights into workplace issues and the nuts and bolts of the workers' comp world.
 The National Workers' Compensation and Disability Conference & Expo, which has been running for over 22 years, catered to the crowd by including a session called Top Reasons Why Injured Workers Get Attorneys in their 2013 program repertoire. Attendees who stayed for Friday sessions rather than deciding to beat the rain out of Vegas were treated to a panel discussion about the mindset, motivations, and foibles of the workers' compensation client from both sides of the injured worker/liable employer fence. Read the complete article.
|
|
 |
 |
|
SAVE 20%! Workers' Compensation Index, 10th Edition (2014) | |
By Richard L. Montarbo, Esq.
(Formerly by James T. Stewart)
Books are now shipping to customers
A topical guide to California workers' comp law
New features & enhancements
SB 863 coverage
Regular Price: $164*
SAVE 20 PERCENT
PROMO CODE JCM164146
Contact Christine Hyatt
*Plus sales tax, shipping & handling | | |
| california news headlines | |
|
|
|
50 STATE WORKERS' COMP LEGISLATION & TRENDS
NOW IN ITS SECOND PRINTING |
 Price $99*; Books shipping now
Keep track of how the workers' comp landscape is changing with this 400+ page compendium.
"Larson's Emerging Issues is a MUST for all workers' compensation professionals, be they policy makers, adjudicators, claims specialists or attorneys. Not only is the state-specific analysis engrossing, but it also provides insight and potential solutions for a highly complex system as it continues to evolve to meet present-day challenges."
-Susan V. Hamilton, Former Deputy Commissioner, Workers' Compensation Appeals Board
View the brochure & table of contents.
View sample pages.
Order online or contact Christine Hyatt: ph. 937-247-8166
Email: Christine.E.Hyatt@lexisnexis.com.
*Price does not include sales tax, shipping or handling. Price subject to change without notice. | | |
|
 dfec, cont. |
... (1) contrary to defendant's assertion, analysis under LeBoeuf v. W.C.A.B. (1983) 34 Cal. 3d 234, 193 Cal. Rptr. 547, 666 P.2d 989, 48 Cal. Comp. Cases 587, may be applied even if injured employee's DFEC, or inability to compete in labor market, is not total [see Dahl v. Contra Costa County, PSI, 2012 Cal. Wrk. Comp. P.D. LEXIS 173] as injured employee's permanent disability rating should reflect as accurately as possible employee's diminished ability to compete in open labor market, and (2) approach utilized by applicant's vocational expert was not contrary to Ogilvie v. W.C.A.B. (2011) 197 Cal. App. 4th 1262, 129 Cal. Rptr. 3d 704, 76 Cal. Comp. Cases 624 (Ogilvie III) because, in undertaking LeBoeuf analysis, vocational expert did not consider any impermissible individualized factors identified by court of appeal in Ogilvie III, such as general economic conditions, lack of education, proficiency in English and illiteracy, but instead focused on effect such injury would have upon DFEC of similarly situated workers, thereby reconciling apparent contradiction between Ogilvie III statement that individual factors not arising from industrial injury cannot be considered in post-SB 899 DFEC analysis, with Supreme Court's view in Argonaut Ins. Co. v. I.A.C. (Montana) (1962) 57 Cal. 2d 589, 21 Cal. Rptr. 545, 371 P.2d 281, 27 Cal. Comp. Cases 130, that individual's willingness and ability to work, age, health, skill and education along with general condition of labor market and employment opportunities for persons similarly situated are relevant in determining individual's future earning capacity. See Dahl panel decision. |
|
|
LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.
Privacy & Security Copyright © 2014 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. |
|
|
|
