Why WCAB Rescinded A 100% Disability

An en banc decision from the Workers’ Compensation Appeals Board has rescinded an award for 100% permanent and total disability because it is based on a medical and vocational record that is “analytically incomplete.” WCAB is ordering the workers’ comp judge to conduct further proceedings to address those concerns. The decision in Grace Nunes v. … Read More »

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MPN, Disability Payment Bills On The Agenda

The Assembly Insurance Committee this morning is slated to hear two bills of interest to the workers’ comp community. One measure would change temporary disability benefits affected by a utilization review delay or denial when that decision is overturned by the Independent Medical Review (IMR) program. The other bill proposes changes to the medical provider … Read More »

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Appeals Court Renews Disability Discrimination Claim

The Second District Court of Appeal is reinstating a former Kaiser Permanente employee’s disability discrimination lawsuit and ordering the lower court to let a jury decide if the company failed to accommodate her disability and to engage in the claims interactive process. The employee’s dismissal was under consideration as part of a round of layoffs, … Read More »

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Average Weekly Wage Up Over 5%

The 2023 minimum and maximum weekly benefit rates for temporary total disability (TD) and permanent total disability (PD) are increasing by 5.159% for 2023. The weekly minimum for will be … Read More »

The Distinction Between Permanent, Temporary Disability

A chassis mechanic who retired early due to knee pain from an earlier industrial injury was entitled to permanent not temporary disability benefits under the Longshore and Harbor Workers’ Compensation Act. The Ninth Circuit Court of Appeals ruled that the difference in designation means that Robert Carrion is entitled to retroactive cost-of-living adjustments dating back … Read More »

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Short-Term Disability Up 68% For State Agencies

California taxpayers are paying 42% more for treating injured state employees than they were just five years ago as the state’s workers’ comp costs have ballooned to $656 million a year. One key cost driver is the rapid increase in spending for short-term indemnity benefits that have skyrocketed 68% over this same time to $152 … Read More »

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Court Gives Deputy Second Shot at Tax Free Disability Retirement

A former Fresno County Sheriff’s Deputy with bad knees will get a second chance at winning a taxpayer paid tax-free retirement package. The Fifth District Court of Appeal in a newly published decision is ordering the trial court to take a new look at Thomas Alberda’s application for a service-related disability retirement due to injuries … Read More »

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