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Find Solutions & Strategies May 27, 2014 |
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 Green v. City of Los Angeles: Refresh of Apportionment
Rejection of the Black Box approach |
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A Note From the Editor | |
Dear Workers' Comp Community:
I hope everyone enjoyed their holiday weekend!
Thank you to our contributors for this issue: Charles Edward Clark, Esq., Diane Hernandez, J.D., Richard M. Jacobsmeyer, Esq., and Robert G. Rassp, Esq.
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"The new 10th Edition is substantially improved with enhancements and reorganization that make the book more user friendly." -James T. Stewart |
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Green v. City of Los Angeles: Refresh of Apportionment |
Rejection of the Black Box approach
By Charles Edward Clark, Esq.*
 In the years since E.L. Yeager Construction v. Workers' Comp. Appeals Bd. (Gatten), apportionment analysis has been plagued by the "black box" problem. The medical doctor reviews records--the inputs--and renders conclusions as to the percentages of apportionment to industrial and nonindustrial factors--the outputs--and backs this up by the self-professed claim to his or her judgment and experience. But this impregnable methodology is hidden in the black box of the medical doctor's mind as to the basis of his conclusion until Green v City of Los Angeles, Department of Airports rejected this faulty method...read more.
* Research assistance was provided by Diane Hernandez, J.D., a recent law school graduate. |
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w.c.a.b. to review dubon decision |
By Richard M. Jacobsmeyer, Esq.
 The W.C.A.B. has granted for further study the Petition for Reconsideration filed by SCIF in the recently issued en banc decision in Dubon v World Restoration. The Defendant had filed the Petition for Reconsideration almost 60 days prior to the order of the W.C.A.B. and time for a decision to issue would have run on 5/23/14. The W.C.A.B.'s grant should not be interpreted as expressing any opinion on the potential final result in this matter but more realistically it is a time based decision allowing the W.C.A.B. to give full consideration to the defendant's appeal...read more.
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w.c.a.b. rules on gap between td ending and ptd commencing |
By Richard M. Jacobsmeyer, Esq.
The W.C.A.B. has issued an en banc decision addressing one of the consequential issues to the two-year limitation on payment of temporary total disability benefits contained in Labor Code § 4656(c). In Brower v. David Jones Construction, the W.C.A.B. has addressed the issue of when permanent total disability benefits commence subsequent to the termination of temporary disability benefits at an earlier date pursuant to Section 4656(c) and how to calculate the COLA (cost of living adjustment) pursuant to Labor Code § 4659 once those permanent total disability payments begin...read more. |
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rating multiple disabilities USING THE COMBINED VALUES CHART |
A recent noteworthy panel decision provides guidance on the WCJ's role vs. the Medical Expert's role
Bonus Feature: Commentary by Robert G. Rassp, Esq.
 A WCAB panel has rescinded a WCJ's finding that an applicant sustained 73 percent permanent disability as result of a 5/29/2009 industrial injury to her neck, back, chest, face, knees, and psyche, and returned the matter to the WCJ for a new permanent disability rating utilizing the Combined Values Chart (CVC) in the 2005 Permanent Disability Rating Schedule. Here, the WCAB panel found that the WCJ had abused her discretion by not applying the CVC to rate the applicant's...read more.
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lexisnexis legal newsroom blogs |
 Tampa Bay Buccaneers Liable for Benefits for Pro Athlete Who Played Single Game in California: Cal. Comp. Cases May Advanced Postings (5/20/2014). Lexis.com and Lexis Advance subscribers can read it.
 Prescription Drug Monitoring Systems: An Effective Front in the Prescription Drug Abuse War? by Teresa McLoughlin Rice, Esq. A new study says PDMPs have had a limited impact. Commentator Stuart D. Colburn, Esq. disagrees. Read it.
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california news headlines | |
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NOTICE OF CORRECTION |
The DWC has brought to our attention an error in Table 1, Present Value of Permanent Disability, in Workers' Comp Laws of California, 2014 Edition. Access a corrected table here. We apologize for the error and inconvenience. |
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enewsletter archives |
 Take a deep dive into our past eNewsletters for 2014 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.
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