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WCAB Urged To Continue Remote Hearings

The Workers’ Compensation Appeals Board commissioners heard nearly uniform support for proposals to continue allowing remote operations at the various boards and only limited support for resuming some in-person hearings. The Board’s proposal for a “meet and confer” requirement for Subsequent Injuries Benefits Trust Fund cases also received pushback from the head of the SIBTF. … Read More »

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Forum Conveniens

To the casual observer, it may seem like a contradiction. The Workers’ Compensation Appeals Board (WCAB) gave notice that it was going to amend its Rules of Practice and Procedure, … Read More »

WCAB Proposing Rules Update

California’s Workers’ Compensation Appeals Board is proposing changes to its Rules of Practice and Procedure. The proposed updates would formalize and make permanent the option for holding remote hearings and electronic filings/electronic signatures. Rules for objecting to remote hearings is also on the agenda. The current processes were put in place in response to the … Read More »

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WCAB Defends Sanctions, Due Process Provisions

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Injured at Home Rules and Employers Defense

In March of 2020, many Americans picked their kids up from school for the last time. What followed, remote schooling, ranged from 100% video class to sporadic attendance tied to … Read More »

WCAB Panel Overturns Order Delaying Remote Trial

The Workers’ Compensation Appeals Board issued a significant panel decision that sends a case back to the workers’ comp judge directing he hear arguments about whether a trial can proceed remotely. The decision overturned the workers’ comp Judge’s order suspending trial until testimony could be heard in person. The decision in Limin Gao v. Chevron … Read More »

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Abuse Of Copy Service Rules

Employers and copy service providers over the years have aired a litany of complaints against each other over alleged billing and payment abuses. The state’s adoption of a new copy service fee schedule in 2015 eliminated some of the acrimony. But comments on the state’s proposed new workers’ comp copy service fee schedule update show … Read More »

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Supplemental Job Displacement Benefit Disputes

The Workers’ Compensation Appeals Board struck down the agency’s regulations in an en banc decision saying the WCAB has exclusive jurisdiction to adjudicate compensation claims. It concluded the Division of Workers’ Compensation overstepped its authority by making the agency’s administrative director the arbiter in disputes over Supplemental Job Displacement Benefits (SJDB) eligibility. SJDB vouchers are … Read More »

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