Apportionment Under Labor Code 4663 and 4664: Defending the Permanent Disability Award
California's medical apportionment statutes give defendants a powerful tool for reducing permanent disability awards to industrial causatio…
Categoría
Compensación al trabajador
Compensación al trabajador en California: fallos de la WCAB, procedimientos de MPN/QME, coordinación con reclamaciones de lesiones personales contra terceros y el lado práctico de los casos de compensación.
Average Weekly Wage Calculation for Variable-Income and Gig Workers in California Workers' Comp
The average weekly wage calculation in California workers' comp uses a 52-week earnings lookback and a statutory formula, but the formula p…
Surveillance Video in Workers' Comp: What the Defense Can Shoot, When It Must Disclose, and How to Challenge It
Defense carriers order covert surveillance in high-permanent-disability cases and in cases where the treating physician's work restrictions…
Consequential Psychiatric Injury in California Workers' Comp: When PTSD and Adjustment Disorder Flow From a Physical Claim
A physical workplace injury that causes PTSD, adjustment disorder, or major depression is compensable as a consequential psychiatric injury…
California Workers' Comp Death Benefits: Dependency, DFEC, and Survivor Strategy
When a California worker dies from an industrial injury or occupational disease, the dependency claim, burial benefit, and DFEC calculation…
Specific Injury vs. Cumulative Trauma in California Workers' Comp: Why the Designation Changes Everything
Whether an industrial injury is characterized as a specific incident or as cumulative trauma affects which employer is on the risk, the sta…
Challenging the Defense IME in Workers' Comp: Bias Evidence, Cross-Examination, and the Rebuttal Record
A defense-retained IME doctor who examines your client for 20 minutes and writes a report concluding maximum medical improvement is a situa…
California Workers' Comp Settlements: Choosing Between Compromise and Release and Stipulation and Award
The C&R and the Stipulation and Award are the two settlement vehicles in California workers' compensation, and the choice between them turn…
The Traveling Employee Exception: AOE/COE Analysis for Workers' Compensation Applicants Who Travel for Work
The going-and-coming rule bars workers' comp coverage for ordinary commute injuries, but employees whose job duties require them to travel…
Panel QME vs. Agreed Medical Evaluator: Selection Strategy in California Workers' Comp
The medical-legal evaluator controls the California workers' comp case. Whether to pursue a panel QME or negotiate an AME is one of the mos…
Cannabis Drug Testing and Workers' Comp Benefit Denial: The Causation Defense
Employers and carriers increasingly use post-accident positive THC tests to deny workers' compensation claims through the intoxication defe…
Vocational Rehabilitation in California Workers' Comp: Maximizing the SJDB and Return-to-Work Fund
The Supplemental Job Displacement Benefit and the Return-to-Work Fund are underutilized recovery tools in California workers' comp. Knowing…