Court of Appeal Upholds WCAB “En Banc” Decision in Simi v. Save-Max Foods, Inc.

When SB 899 amended former Labor Code §§ 4061 and 4062, and created a new medical-legal procedure for represented employees, it limited the new procedure to injuries on or after January 1, 2005. Technically, this left no procedure for injuries before that date. In two recent cases, the Court of Appeal in Los Angeles upheld WCAB's use of former § 4062 for injuries before January 1, 2005. Although it is something of a "ghost statute," the only reasonable approach is to use former § 4062 in those cases where the new procedure is not applicable.Read More...