California Workers' Compensation Law and Practice

ebook Volume 1 · California Workers' Compensation Law and Practice (July 2019)

By David L. Pollak

cover image of California Workers' Compensation Law and Practice

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REVISION 16 HIGHLIGHTS

This edition keeps you up-to-date with 2 revamped chapters, statutory and rule changes, and hundreds of new cases updating all 24 chapters covering these and many other developments:

  • New workers compensation laws enacted in 2018.
  • Labor brokers.
  • Joint employment.
  • Employee vs. independent contractor.
  • Cancer presumption in peace officers.
  • 90-day presumption under LC §5402 and evidence of good faith personnel action.
  • No malpractice liability for UR doctors acting under LC §4610.
  • Permanent disability: using combined value chart with the Almeraz / Guzman
  • Lien filing requirements.
  • Filing fee for medical treatment liens and claims of costs.
  • Services exempted from Medical Fee Schedule.
  • Automatic stay on liens filed by or on behalf of providers criminally charged with fraud.
  • 240 week condition precedent for filing application for death benefits.
  • Serious and willful misconduct by employer.
  • CIGA-indemnified temporary agencies and insured special
  • WCJ’s right to rescind order approving settlement.
  • Withdrawing from a C&R after WCJ approval.
  • Attorney lack of diligence in seeking deposition fees.
  • Division of fees between former and current attorneys and self-represented applicants.
  • Scope of discovery.
  • Vexatious litigants.
  • QME Panel disputes in represented c
  • Ex Parte communication with AME or
  • Video conferencing evaluation by AME.
  • Declaration of readiness requirements.
  • Inability to cross-examine applicant and due process concerns.
  • Board’s authority to reject stipulations on good cause.
  • WCJ‘s right to reject stipulations and base decision on evidence presented.
  • Setting aside stipulations based on mutual mistake.
  • Attorney sanctions.
  • Updated Table of Authorities and Table of Cases
California Workers' Compensation Law and Practice