Richard M. Jacobsmeyer, Esq., Shaw, Jacobsmeyer, Crain & Claffey. Co-Editor of Herlick, California Workers' Compensation Handbook.

The 3rd District Court of Appeal has issued two decisions today with some remarkable similarities. In both cases the applicant attorney and defense firms were the same (although with different individual appearing attorneys), both cases involved earnings issues for public safety officers and in both cases one of the appellate justices was the same (Justice Robie). Perhaps the biggest coincidence is that in both cases the prevailing party was the employer; on one case obtaining a reversal of the W.C.A.B.'s decision and in the second the decision denying benefits was upheld. Read more. 

A WCAB panel has clarified how parties may challenge a discovery ruling in a petition for removal that was denied by the Board. This noteworthy panel decision will be added soon to the LexisNexis services.

Discovery; Challenging Final Discovery Orders; Writ of Mandamus. WCAB, affirming WCJ, held that defendant was not permitted to challenge WCJ's discovery order allowing applicant to amend her injury claim post-trial to include psychiatric injury, by way of petition for reconsideration from WCJ's ultimate award of 100% PD, when...read more.

"Monitoring the constant wave of legislative activity across this nation is one thing. Making it clear and understandable is quite another. Lexis has done an excellent job of both with the "Workers' Compensation Emerging Issues Analysis". Their choice of local experts is superb, and they provide both clear recap and commentary, giving clarity to what was, legislatively, a very tumultuous year."

-Robert H. Wilson, President & CEO, WorkersCompensation.com, LLC

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