California Workers' Compensation Law and Practice

Description

This edition keeps you up-to-date with 2 revamped chapters, statutory and rule changes, and hundreds of new cases updating all 24 chapters. Revamped chapters: Chapter 8 Permanent Disability: has been updated and reorganized to present the material in a more logical way. Much of the text has been completely re-written to enhance clarity. The discussion of liens and related topics previously covered in various chapters has been revised and consolidated in Chapter 10 Liens and Medical-Legal Cost Petitions. Other new and updated material: Reforms Enacted in 2018 are summarized. §1:55 Fair Labor Standards Act: Plaintiff had valid FLSA cause of action when the plaintiff sued his employer in state court and employer’s attorney planned for ICE to take him into custody at a deposition and deport him. §2:220 Exclusion for National Guard Service: Applicant was ineligible for workers’ compensation benefits for psychiatric injury arising out of a sexual assault that occurred while training with the California Army National Guard. §2:59 Aggravation or Exacerbation: A second injury that causes no additional temporary or permanent disability is likely an exacerbation. §4:41 Peace Officer and Firefighter Cancer Presumption: Can defendant’s failure to produce HARP documents create an adverse inference? §4:61 Anti-Attribution Clauses: Appeals Board barred defendant from rebutting industrial causation where applicant contracted a blood-borne pathogen from a prior surgical scar and diverticulitis. §4:62 MTUS: Applicant’s right to challenge diagnosis or treatment with second and third opinions versus defendant’s right to control treatment through utilization review. §9:60 Resubmission to UR and the 12-Month Rule: Are the worker and treating doctor bound by the 12-month rule where there has been a misunderstanding of the medical facts? §9:61.2 No Medical/Legal or Judicial Review of UR Denial: Court of Appeal cases reject arguments that the UR / IMR process is unconstitutional. §9:63 Failure to Pay TD: WCJ did not err in ordering defendant to pay 13 years of temporary disability plus penalties where defendant failed to petition for termination of temporary disability. §12:02 Safety Order Violations: Employer guilty of serious and willful misconduct for failing to utilize a “tag line” on a steel beam. §12:11 Supplemental Job Displacement Vouchers: Applicant was not entitled to a second LC §5814 penalty for delay in providing a supplemental job displacement voucher. §12:117 Officers/Owners as Employees: LC §3352(a)(16)(A) provides an exception from the definition of an employee for certain officers and members of the board of directors of quasi-public or private corporations. §13:245 Settlement of One Part of Body Does Not Preclude Claim to Another: Applicant’s claim for cumulative injury to his brain during his professional football career was not barred by a Compromise and Release Agreement settling an earlier claim of cumulative injury to other body parts. §15:50 Withdrawal Requests before Reconsideration Deadline Has Passed: Board finds no mutual mistake when defendant listed the wrong date of death which affected the amount of the death benefit payable to applicant. §15:102 Setting Aside Stipulated Awards: Board returns several cases to trial level for further hearings on whether mistake was mutual or unilateral. Board finds no good cause to set aside stipulations for unilateral mistake. §15:135 Non-attorney Representatives: Lien for fees filed by a non-attorney representative lien claimant was precluded by LC §4903(a), which does not allow fees for non-attorney representatives. §17:04 Attorney Sanctions: Sanctions for failure to appear (§17:22); inappropriate language and misrepresentations (§17:123), and failure to return the client’s file (§17:131) Petition to Reduce Disability: Failure to file a timely petition to reduce permanent disability did not preclude WCJ from re-rating applicant’s current level of disability with regard to petition to re-open for new and further disability. §18:116 IMR: Timeframes set forth in LC §4610.6(d) and ADR §9792.10.5(a)(1) with respect to the 45 days required for IMR to issue its decision are directory and not mandatory. §19:13 IMR: First District Court of Appeal affirms Board’s decision denying the applicant’s petition for the Board to order its IMR organization to disclose identities of first and second independent medical reviewers. Disqualification for Cause: Allegations of bias without sufficient detail will generally not support disqualification. §21:03 Permanent and Stationary Reports: One panel concludes that a final permanent and stationary report by the primary treating physician is not required so long as there has been an evaluation by a qualified medical evaluator addressing permanent disability. §21:06 Right to Testify: WCJ did not err in allowing applicant, who had been deported to Mexico, to testify at trial via a cell phone using the FaceTime application. §21:112 Record of Proceedings: In several cases, the Board reiterates the importance of creating a record including the identification of issues for determination to afford the parties due process. §21:190 Newly-Discovered Evidence: Board grants reconsideration based on newly discovered evidence finding that WCJ had determined the applicant’s credibility based on a misleading drug testing report and the mistaken belief that the applicant was not taking his prescribed pain medications. §23:23

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  California Workers' Compensation Law and Practice

  • 2018-03-30
  • - pages
  • Paperback
  • LexisNexis

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