Vol. 6, Issue 50

Find Solutions & Strategies December 14, 2015

California Workers' Compensation

2015 Year in Review

In This Issue

* 2015 YEAR IN REVIEW

* DIETRICH TRIBUTE

* DAHL CONTROVERSY

* LABOR CODE BOOK

* NEWS: SB 863 Medical Costs Study

* eNEWSLETTER ARCHIVES

Season's Greetings

eNewsletter to Return January 4, 2016

california workers' comp: 2015 year in review

Julius Young, Esq., Richard M. Jacobsmeyer, Esq., Barry D. Bloom, Co-Editors-in-Chief, Herlick, California Workers' Compensation Handbook

This 2016 edition is the 35th edition of Herlick, California Workers' Comp Handbook.

The latest Herlick Handbook will ship to customers at the end of this month. You can purchase it here.

Legislatively, 2015 was not a major year for workers' comp related bills. Governor Brown signed the following workers' comp legislation:

Employees; Cheerleaders. The legislature has added Lab. Code � 2754 to provide that cheerleaders for California-based professional sports teams are deemed to be employees. See Herlick Ch. 2, � 2.5...read more.

a tribute to frederick t. "rick" dietrich

The California Workers' Compensation Appeals Board will lose its "Chief Executive Officer" when Rick Dietrich retires on December 30, 2015.

As Secretary and Deputy Commissioner, Rick is the chief advisor and legal counsel to the Chair. He oversees all aspects of the Appeals Board's functions, and leads its management team. Not only is Rick a superior public administrator, he is also a highly regarded expert in workers' compensation law and procedure, and his retirement is a significant loss for the California's workers' compensation community...read more.

of note: the dahl controversy

CAAA as Amicus requested on Oct. 26, 2015 that the Dahl decision be decertified on the basis that it established no new law and contained multiple errors and misleading dicta. The California Supreme Court has extended its time to act on the motion until Jan. 22, 2016. Meanwhile, as reported last week in our eNewsletter, a WCAB panel in Mesanovic issued a decision that was consistent with Dahl. Note that Mesanovic is not binding precedent. The applicant's bar takes issue with Mesanovic as well, arguing the case was submitted before Dahl was decided and the record appeared to be devoid of any discussion of amenability to vocational rehabilitation. We'll continue to monitor the motion to decertify Dahl as well as any panel decisions applying Dahl. For other perspectives, see defense attorney Richard Jacobmeyer's summary and commentary of Dahl. See also applicant's attorney Robert Rassp's analysis of Dahl.

workers' comp laws of calif. 2016 edition: a new look

NEW! THICKER COVER, LARGER SIZE FOR THE LABOR CODE BOOK. Due to the explosion in the number of statutes and regulations post-SB 863, the book became too thick and the paper cover would easily tear. We have now used a thicker cover and increased the size of the book a bit to decrease the page count by about 25%, making the book easier to handle. As a result of these changes, you'll also find that the tables and charts are somewhat larger and easier to read. We look forward to hearing your feedback. Subscribers will receive their books at the end of the month. You can order the book here.

california news headlines

CA: WCIRB Releases SB 863 Medical Costs Study.

CA: WCRI: SB 863 May Have Led to Decrease in Medical Payments Per Claim.

CA: AD Announces 2016 Profile Audit Review, Full Compliance Audit Performance.

CA: Injured Worker Files Petition for Review in IMR Constitutionality Case.

CA: OSIP Chief Jon Wroten to Retire From State Service.

CA: DWC Posts Spanish Version of Revised Benefit Notices.

CA: Federal Judge Expands Class Action Suit Against Uber.

ProPublica Investigates Tyson Foods' Push for Workers Comp Changes.

Former Security Guards at US Nuclear Weapons Complex Decry Lack of EEOIC Benefits.

CDC Publishes 2011 Life Tables.

Brookings Publishes Policy Brief on Modernizing Labor Laws for "Independent Workers."

Company Finds Affordable Care Act Did Not Have Major Impact on Profitability.

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.

December 7, 2015: The Limited Use of Vocational Rehabilitation Evidence.
November 30, 2015: A Medical Provider Network Conundrum: Second Opinion Process.
November 23, 2015: Housekeeping Services Expenses Recovered as Medical Treatment.
November 16, 2015: Rules for Hearing Representatives.
November 9, 2015: Defendant Bound by a Stipulation Due to Unilateral Mistake.
CLICK HERE TO ACCESS 2010-2015 ARCHIVES.

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