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A Note From the Editor |
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LexisNexis Legal & Professional Operations
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New Approaches to Litigating Medical Treatment Disputes
After Dubon II
Presenters: WCJ Sharon Velzy, WCJ Craig Glass, Maurice Abarr (attorney for Jose Dubon), Corey Ingber, Dennis Thomas
4 MCLEs, $245 pre-register, $270 at door.
Saturday, Nov. 1, 9 a.m. - 1:30 p.m.
Airtel Hotel & Plaza, Van Nuys
Free parking, continental breakfast
Register online at Lawworm.com, or call 805/233-2997 - 310-822-1955. |
| Attn: Risk Managers, Insurance & HR Professionals, Attorneys |
2014 EDITION NOW SHIPPING
50 State WC Legislation
Larson's Spotlight on Cases
Expert Analysis & Commentary
Purchase now at special discount rate of $79.50 + tax + shipping
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apportionment precluded under anti-attribution provisions of labor code 4663(e) |
WCAB shines a light on the meaning of LC 4663(e)
In Zuniga v. County of Los Angeles, 2014 Cal. Wrk. Comp. P.D. LEXIS --, a split WCAB panel held that an applicant deputy sheriff was entitled to two periods of LC 4850 and temporary disability benefits (one for industrial injury to his knees, spine, cardiovascular system, and in the form of sleep disorder from 5/15/2006 through 6/30/2008 and another for injury to the same body parts except the knees on 6/30/2008) and that apportionment of the applicant's back and cardiovascular conditions between the...read more. |
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WCAB affirms ENTITLEMENT to spinal surgery in a post-dubon ii case |
WCAB exercises jurisdiction over medical necessity dispute when UR denial was untimely
In Cabral v. Hal Hays Construction, Inc., 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel, affirming the WCJ, held that an applicant with an industrial injury to his back and neck was entitled to spinal surgery as requested by his treating physician. The WCAB found that the defendant's 6/9/2014 utilization review (UR) denial of the treating physician's request for authorization to perform a lumbar laminectomy at L2-3 was untimely, thereby giving the WCAB jurisdiction over the medical...read more. |
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anti-paparazzi law inapplicable in a workers' compensation proceeding |
WCAB proceeding pertains to admissibility of evidence, not civil tort liability for invasion of privacy
In Duong v. Automobile Club of Southern California, 2014 Cal. Wrk. Comp. P.D. LEXIS -, a WCAB panel held that a sub rosa video recorded by the defendant in the parking lot of a mobile home park (where the applicant did not live) and inside an Albertson's grocery store was admissible and could be provided to any medical-legal evaluator or treating physician. The WCAB held that the video was not properly excluded by the WCJ on basis that it violated no trespassing...read more. |
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employers/insurers who treat ebola as occupational disease do so at their peril |
Workers in any profession can show a work connection to ebola and need not prove that ebola is a risk peculiar to their job
Thomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.
 Employers and insurance carriers who treat ebola as an occupational disease and who think that they are "immune" from comp claims because the risk of contracting the deadly virus is not "peculiar" to their industry, do so at their peril. While the risks of ebola do appear to be greater among health care workers, its suddenness of onset, even in the face of significant precautions, suggests that ordinary workers' compensation rules related to injuries by accident arising out of and in the course of the employment will apply and not those related to occupational diseases...read more. |
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Apportionment Precluded Under Anti-Attribution Provisions of LC 4663(e)
Split Panel Rejects Maximum Award of PTD Benefits