King Decision and Exclusive Remedy Rule

By Nicole Rothford When a person is injured arising out of and in the course of employment, they have a statutorily-created process to seek remedy for this industrial injury—the workers’ compensation system. The system is different from state to state, and in California, we have one of the more complex systems, rules and procedures to provide […]

Medical Providers Using New Tactic to Challenge Past Bills

By Peter Yoon In the recent months, our office has seen an influx of Petitions for Non-IBR Disputes for Medical-Legal Expenses. These petitions are being filed by providers of various services. Some examples include Qualified Medical Examiners, treating physicians, and diagnostic testing. The procedures for payment disputes relating to medical treatment and medical-legal expenses are laid […]

Risk Factors and Apportionment City of Pealuma (Lindh) v. WCAB

By A.J. Driscoll On December 10, 2018, the First District Court of Appeal filed an opinion in the case of City of Pealuma (Lindh) v. WCAB. This case and its holding are of importance on the evolving issue of apportionment. As a factual background, this case involved a Petaluma police officer who was working a detail as a […]

Dynamex Does Not Actually Apply to Workers’ Compensation… or Does It?

By Scott Darling For those who somehow have not heard, the California Supreme Court issued a decision in 2018 that significantly impacted the age-old debate of who is an employee and who is an independent contractor. In Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal. 5th 903, the California Supreme Court established what has been referred […]

How and Why to Establish the Validity of a MedicalProvider Network at Trial

By Nicole Christy  What good is a valid MPN if you cannot prove it? Not much. In large part, applicants and their attorneys attempt to argue invalid MPN whenever they feel like going outside of it to procure treatment. Likewise, where the applicant or their attorney has already procured a favorable medical report from a non-MPN […]

Attorney Client Privilege and Work Product Doctrine

By Peter Yoon  The field of workers’ compensation is its own unique animal in the legal world. Many of the procedures and evidentiary rules that dictate civil lawsuits do not apply in workers’ compensation. Generally, open discovery is encouraged in workers’ compensation to facilitate agreements. However, the statutory privileges, such as, attorney client privilege (Evidence Code […]

The Demise of Vocational Rehabilitation Reports Post 01-01-2013

By Nicholas J. Perry  Often times as defense attorneys and claims examiners, we find ourselves in a situation where applicant’s counsel attempts to increase their client’s permanent disability percentage by obtaining a Vocational Rehabilitation Expert to show that their client is unable to compete in the open labor market or has a diminished future earning capacity. […]

Is the Combined Values Chart Rebuttable? Kite v. Athens Administrators (2013) 78 CCC 213

By A.J. Driscoll  For background, the Combined Values Chart (CVC) is a mathematical equation which has been developed for the specific purpose of combining multiple disabilities for a single date of injury. It was developed in order to compensate for the “overlap” that was caused with multiple injuries stemming from a single industrial injury. When using […]