California Banner 2012 Chess Board
Vol. 5, Issue 22

Find Solutions & Strategies                                       June 2, 2014

Whose Burden Is It, Anyway?
  
With all of the changes in recent years, it's difficult to determine which side has the burden of proof
In This Issue
* BURDEN OF PROOF
* TTD MAXIMUM
* AGING WORKFORCE
* HEARING INJURY
* NEWS: New SCIF President & CEO
* eNEWSLETTER ARCHIVES
A Note From the Editor

  Robin Kobayashi 2010  

I'm excited about attending LawWorm's seminar on Dealing With Dubon. Check it out below.
 
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Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations

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Marina del Rey
Judge Craig Glass,
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Maurice Abarr, Esq.,
attorney for Jose Dubon
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Saturday, July 26
Long Beach Grand Event Center
  
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whose burden is it, anyway?

Reprinted from the California WCAB Noteworthy Panel Decisions Reporter 

 

With all of the changes in the law the last few years, practitioners are finding it more difficult to determine which side has the burden of proof. Once determined, they have a difficult time finding the appropriate evidence needed to meet this burden. Set forth below is a summary of recent Noteworthy Panel Decisions addressing the burden of proof required for the most frequently addressed issues at the trial level...I. Permanent Disability. In Nickell v. PKB Investments, 2013 Cal. Wrk. Comp. P.D. LEXIS 274 (Appeals Board noteworthy panel decision), the Workers' Compensation Judge (WCJ) held...read more.

CALIFORNIA: temporary total disability maximum to top $1,100 a week in 2015

CWCICalifornia's State Average Weekly Wage (SAWW) climbed just under 2.666% from $1,067.25 to $1,095.70 in the 12 months ending March 31, 2014, which the California Workers' Compensation Institute (CWCI) notes will push the maximum temporary total disability (TTD) rate for 2015 job injuries to more than $1,100 a week and boost other workers' comp benefits that are tied to changes in the SAWW as well...read more.

the aging workforce: how to manage workers' comp costs for the silver Bunch
Karen C. Yotis, Esq., our Feature Resident Columnist, provides insights into workplace issues and the nuts and bolts of the workers' comp world.

 

 

Here's the story

of an aging workforce

that can't afford to leave their jobs at all.

Most have hair of grey;

Some have sickness,

Many slip and fall.

 

 

In their May 2014 briefing titled Managing Workers' Compensation Exposures as the Workforce Ages, the Risk Management Research group at Marsh & McLennan tells a sobering tale of "older" workers (most often the 45-65 demographic, although some consider the aging process to begin at 35 or earlier) who have been driven by the Great Recession to either remain working beyond the formerly typical retirement age of 65, or who have gone back to work after retiring. These aging workers--the median age of the civilian workforce in 1992 was 37.1 whereas people older than 55 will soon represent more than one quarter of all U.S. workers--must remain employed to maintain a livelihood; they aren't just keeping their jobs for a little part time something to do between Florida vacations...read more.

lexisnexis legal newsroom blogs 

Cal Comp CasesInability to Tolerate Sound Did Not Equate to Total Inabilty to Work Again Cal. Comp. Cases June Advanced Postings (5/29/2014). Lexis.com and Lexis Advance subscribers can read it.  

 

 

california news headlines

enewsletter archives

ArchivesTake 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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