California Workers' Compensation Law and Practice

ebook Volume 1 · California Workers' Compensation Law and Practice (July 2018)

By David L. Pollak

cover image of California Workers' Compensation Law and Practice

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This edition keeps you up-to-date with 2 revamped chapters, statutory and rule changes, and hundreds of new cases updating all 24 chapters.

Revamped chapters:

  • Chapter 8 Permanent Disability: has been updated and reorganized to present the material in a more logical way. Much of the text has been completely re-written to enhance clarity.
  • The discussion of liens and related topics previously covered in various chapters has been revised and consolidated in Chapter 10 Liens and Medical-Legal Cost Petitions.

    Other new and updated material:

  • Reforms Enacted in 2018 are summarized. §1:55
  • Fair Labor Standards Act: Plaintiff had valid FLSA cause of action when the plaintiff sued his employer in state court and employer's attorney planned for ICE to take him into custody at a deposition and deport him. §2:220
  • Exclusion for National Guard Service: Applicant was ineligible for workers' compensation benefits for psychiatric injury arising out of a sexual assault that occurred while training with the California Army National Guard. §2:59
  • Aggravation or Exacerbation: A second injury that causes no additional temporary or permanent disability is likely an exacerbation. §4:41
  • Peace Officer and Firefighter Cancer Presumption: Can defendant's failure to produce HARP documents create an adverse inference? §4:61
  • Anti-Attribution Clauses: Appeals Board barred defendant from rebutting industrial causation where applicant contracted a blood-borne pathogen from a prior surgical scar and diverticulitis. §4:62
  • MTUS: Applicant's right to challenge diagnosis or treatment with second and third opinions versus defendant's right to control treatment through utilization review. §9:60
  • Resubmission to UR and the 12-Month Rule: Are the worker and treating doctor bound by the 12-month rule where there has been a misunderstanding of the medical facts? §9:61.2
  • No Medical/Legal or Judicial Review of UR Denial: Court of Appeal cases reject arguments that the UR / IMR process is unconstitutional. §9:63
  • Failure to Pay TD: WCJ did not err in ordering defendant to pay 13 years of temporary disability plus penalties where defendant failed to petition for termination of temporary disability. §12:02
  • Safety Order Violations: Employer guilty of serious and willful misconduct for failing to utilize a "tag line" on a steel beam. §12:11
  • Supplemental Job Displacement Vouchers: Applicant was not entitled to a second LC §5814 penalty for delay in providing a supplemental job displacement voucher. §12:117
  • Officers/Owners as Employees: LC §3352(a)(16)(A) provides an exception from the definition of an employee for certain officers and members of the board of directors of quasi-public or private corporations. §13:245
  • Settlement of One Part of Body Does Not Preclude Claim to Another: ...
  • California Workers' Compensation Law and Practice