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Details of California’s Growing Cumulative Trauma Problem

Cumulative trauma claims for workers’ comp benefits, particularly those filed post-termination, used to be primarily a creature of the Los Angeles region, but changes in applicants’ attorneys’ marketing and practice patterns are making them a statewide phenomenon. The latest data indicates that over a quarter of the workers’ comp indemnity claims filed this year will … Read More »

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Appeals Court Finds Triable Issues In Privette Doctrine Case

The Fifth District Court of Appeal says a trial court erred by awarding summary judgment in a third-party liability case based on the Privette Doctrine because there are triable issues concerning safety conditions at the worksite. The appeals court maintains that the lower court must resolve who had responsibility for inspecting the worksite conditions when … Read More »

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Another WCAB Decision Goes to CA Supreme Court

The California Supreme Court agreed to take up a workers’ comp claimant’s petition to review an appellate court decision. The Appellate Court rejected the Workers’ Compensation Appeals Board’s interpretation of the Patterson Decision and the handling of medical necessity decisions. The WCAB held that an employer must show a change in an injured worker’s medical … Read More »

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Appeals Court Overturns WCAB

The Sixth District Court of Appeal says the Workers’ Compensation Appeals Board exceeded its jurisdiction when it granted an applicant’s petition for reconsideration nearly two years after the deadline for it to act had lapsed. The court held that the narrow grounds for tolling the WCAB’s deadline did not apply in this case. The decision … Read More »

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Appeals Court Overturns Summary Judgment In Subrogation Case

Redwood Fire and Casualty Insurance won a default judgment against the owners of a motel where an employee of one of its insurers was injured, but the victory was short-lived. On appeal, the Fourth District Court of Appeal says the carrier failed to serve a statement of damages before the entry of the defaults and … Read More »

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Appeals Court Overturns WCAB For Medical Necessity Decisions

The Second District Court of Appeal overturned another Workers’ Compensation Appeals Board decision. This one held that an employer had to show a change in an injured worker’s medical condition before utilization review can deny a renewed request for home health services. The DCA ruled that medical professionals, not lay personnel at the WCAB, must … Read More »

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WCAB Can Apply Equitable Tolling In Limited Cases

The Sixth District Court of Appeal says the Workers’ Compensation Appeals Board properly applied the Shipley decision when it acted upon a petition for reconsideration beyond the 60-day statutory deadline, but says the exception is far narrower than the Board contends. In deciding the case, the court rejected a request to stay the proceeding pending … Read More »

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En Banc Decision: Second Chance To Avoid CT Claim

A Chicago-based minor league professional baseball team will get a second chance to fight being brought into a California workers’ comp cumulative trauma claim by a former player. The Workers’ Compensation Appeals Board granted reconsideration, ordering the workers’ comp judge to hear and consider testimony that he had blocked the team from providing the first … Read More »

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