Vol. 6, Issue 38

Find Solutions & Strategies September 28, 2015

Dahl Reversed

Ability to Be Rehabilitated Key to Rebuttal of PDRS

In This Issue

* DAHL REVERSED

* EXCLUSIVE REMEDY BAR

* SELF-PROCURED SURGERY; SETTLEMENT NOT BINDING

* NEWS: Insurance Commissioner issues ruling on WCIRB regulatory filing

* eNEWSLETTER ARCHIVES

A Note From the Editor

dahl reversed; ability to be rehabilitated key to rebuttal of pdrs

By Richard M. Jacobsmeyer, Esq.

The First Appellate District has issued its much anticipated decision in Contra Costa County v W.C.A.B. (Dahl). The court reversed the W.C.A.B. decision awarding 79% permanent disability in reliance upon vocation testimony holding that the expert testimony failed to meet the criterion set out in Ogilvie v W.C.A.B. In reversing the W.C.A.B., the court has dramatically changed the landscape of what it means to rebut the Permanent Disability Rating Schedule (PDRS). The case has been remanded to the W.C.A.B. for further proceedings...read more.

appellate court upholds exclusive remedy bar for asbestos exposure

By Richard M. Jacobsmeyer, Esq.

In a case that issued last week, the 2nd Appellate District declined to open a new avenue to avoid the exclusive remedy of workers' compensation in Melendrez v. Ameron International Corporation, not only upholding the lower court's grant of summary judgment for defendant/employer but also allowing defendant's expert witness fees as a cost...read more.

california compensation cases

Self-Procured Surgery Not Found Medically Reasonable or Necessary: Cal. Comp. Cases Advanced Postings (9/22/2015). Lexis.com and Lexis Advance online subscribers can read it.

Cal Comp Cases

Settlement Not Binding When CMS Never Approved Medicare Set-Aside: Cal. Comp. Cases Advanced Postings (9/24/2015). Lexis.com and Lexis Advance online subscribers can read it.

california news headlines

CA: DWC Posts Approved Rules Re: Transition of Rules, Forms to ICD-10.

CA: Ins. Commissioner Issues Ruling on WCIRB's 1/1/2016 Regulatory Filing.

CA: WCIRB Testifies at Pure Premium Rate Hearing.

CA: WCIRB Says 2016 X-Mods in WCIRB Connect Now Available.

CA: SCIF Hires Chief Claims Operations Officer.

CA: Flywheel Taxi Files Lawsuit Against PUC Over Regulation of Uber, Lyft.

OSHA Extends Comment Period for Proposed Rule on Employer Record Keeping.

NIOSH Posts 2014 Mid-Year Worker Fatality Report for Oil and Gas Industry.

AFL-CIO Releases 2015 Edition of Death on the Job: The Toll of Neglect.

Museum of Tort Law, Which Includes Workers Comp Exhibit, Now Open to Public.

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 21, 2015: Statute of Limitations in Workers' Compensation.
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.
CLICK HERE TO ACCESS 2010-2015 ARCHIVES.

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