California Workers' Compensation Law and Practice

ebook Volume 2 · California Workers' Compensation Law and Practice (17)

By David L. Pollak

cover image of California Workers' Compensation Law and Practice

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REVISION 17 HIGHLIGHTS

This edition keeps you up-to-date with hundreds of new cases and new text in all 24 chapters covering these and many other topics:

NEW LAWS

  • LC §2750.3 codifies the California Supreme Court's decision in Dynamex Operations v. Superior Court

    applying the ABC test on employment to eligibility for workers' compensation benefits beginning July 1,

    2020, but exempting many occupations and service providers.

  • LC §3212.15 creates a legal presumption of injury for certain firefighters and peace officers who claim to

    suffer a post-traumatic stress disorder.

    NEW RULES

  • Effective January 1, 2020, the Rules of Practice and Procedure have been reorganized, renumbered,

    and modernized.

    OTHER DEVELOPMENTS

  • What constitutes a "catastrophic injury" for purposes of LC §4660.1(c).
  • Requirements for lien declarations pursuant to LC §4903.8.
  • Petitions for medical information by non-physician lien claimants.
  • Dismissal of lien for failure to appear.
  • Objections to necessity of medical-legal expense.
  • Statute of limitations for petitions for serious and willful misconduct benefits.
  • Commissioner's conferences.
  • Good faith effort to resolve liens no longer required.
  • Standing to set aside a compromise and release agreement.
  • Interpreter fees for applicant to understand C&R agreement.
  • Amended orders approving compromise and release.
  • Claim application form and filing and service procedures.
  • Regulation of non-attorney representatives including notice of representation requirements.
  • Substitution and dismissal of attorney and non-attorney representatives.
  • Establishing the date of cumulative trauma injury for purposes of the statute of limitations.
  • Obtaining a QME panel in a different specialty.
  • Ex parte communication with AME or QME.
  • Function of Conference WCJ.
  • Examples of final orders from which reconsideration may be sought; hybrid orders.
  • California Workers' Compensation Law and Practice