Vol. 6, Issue 37

Find Solutions & Strategies September 21, 2015

Statute of Limitations in Workers' Comp

Recent noteworthy panel decisions are instructive

In This Issue

* STATUTE OF LIMITATIONS

* PERSONAL COMFORT

* NEWS: Workers Comp Drug Formulary Bill Sent to Governor

* eNEWSLETTER ARCHIVES

A Note From the Editor

statute of limitations in workers' comp

Recent noteworthy panel decisions are instructive

In the workers' compensation world, there is a long held belief that the "tie goes to the injured worker." This is especially true when it comes to the statutes of limitations. In fact, the 4th DCA in the case of Blanchard v. WCAB (1975) 53 Cal. App. 3d 590, 40 Cal Comp Cases 784, wrote, "Limitations provisions in the workmen's compensation law must be liberally construed in favor of the employee... and such enactments should not be interpreted in a manner which will result in a loss of compensation." Nevertheless, when one of the following statutes does apply and the time deadline has been missed for some reason, there is often very little a judge can do, except apply the law to facts. The result? The injured worker may be barred from benefits for which he or she may otherwise have been entitled to receive...read more.

california compensation cases

Salesman's Cigarette Break at Convenience Store Fell Within Personal Comfort Doctrine: Cal. Comp. Cases Advanced Postings (9/16/2015). Lexis.com and Lexis Advance online subscribers can read it.

california news headlines

CA: Legislature Sends Workers Comp Drug Formulary Bill to Governor.

CA: AIA Hails Passage of Workers Comp Drug Formulary Bill in Calif.

CA: DWC Posts Notes From Drug Formulary Meeting.

CA: DWC Posts Slides From Drug Formulary Meeting.

CA: WCIRB Releases Report on Q2 2015 Statewide Insurer Experience.

CA: DIR Preliminary Report Shows Downward Trend on Workplace Fatalities.

CA: Frontline Medical Associates Allegedly Paid Kickbacks to Workers Comp Attorney.

CA: Uber Files Appeal of Class Certification Ruling by Federal District Court.

CA: HR Professionals Mull Possible Doubling of Work Comp Claims During Next 10 Years.

CA: DWC Posts Changes to OMFS Physician Services/Non-Physician Practitioner Services.

CA: DWC Posts Adjustments to Official Medical Fee Schedule (DMEPOS).

US DOL Reports 2 Percent Increase in Fatal Occupational Injuries in 2014.

CDC Unveils Draft Guidelines for Physicians Prescribing Opioids.

HHS to Revise Rules for Medication to Treat Opioid Dependence.

OSHA Revises Publication to Protect Safety of Firefighters.

NIOSH Seeks Feedback on Travel Safety Kits for Workers on Int'l Assignments.
RAND: Risk Factors Identified for Police Officer Vehicle Crashes.

eNewsletter archives

Take a deep dive into our past eNewsletters for 2015 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

September 14, 2015: Psychiatric Injuries Post-SB 863.
September 8, 2015: IMR Appeals: A Plainly Erroneous Determination.
August 31, 2015: The OMFS as a Maximum Fee Schedule.
August 24, 2015: Exceptions to the Going and Coming Rule.
August 17, 2015: WCAB Panel Takes a Strict, Literal Approach to IMR Appeals.
CLICK HERE TO ACCESS 2010-2015 ARCHIVES.

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