August 31, 2023 The WCAB offered clarity on the complex topic of “vocational apportionment” in an en banc decision issued on June 22, 2023: Grace Nunes v. State of California, Dept. of Motor Vehicles, legally uninsured; State Compensation Insurance Fund (ADJ8210063; ADJ8621818). In that decision, the WCAB held that “vocational evidence must address apportionment and may not substitute impermissible ‘vocational apportionment’ in place of otherwise valid medical apportionment.” In other words, the WCAB found that the concept of “vocational apportionment” […]
News & Knowledge
Category: Flash Bulletins
June 23, 2023 Further Restrictions on Vocational Apportionment As most workers’ compensation practitioners can attest, vocational evidence has seen a resurgence in recent years, as the applicant’s bar attempts to obtain Awards of 100% permanent total disability. One unfortunate side effect of this resurgence, is the development of the complex concept of “vocational apportionment.” Thankfully, the WCAB has offered much-needed clarity on this complex topic in a recent en banc decision issued on June 22, 2023: Grace Nunes v. State […]
March 28, 2023 Do you have any cases that have been pending on Reconsideration and remain unresolved for what you believe to be an unreasonable period of time? If so, you should be aware that ongoing delays issuing decisions at the WCAB Reconsideration Unit have drawn increasing attention, both in the judicial, and legislative realms. On the judicial side, the case of Michele Earley vs. WCAB [Case No. B318842] is currently pending at the California Court of Appeal for the […]
February 7, 2023 On February 2, 2023 the Division of Workers Compensation filed with the Secretary of State changes to Regulations related to scheduling, remote health (previously known as telehealth), and requesting replacement Panel QMEs. Updates were made to Title 8, California Code of Regulations sections 31.3, 31.5, 34, 46.3 and Forms 31.5 & 108. According to the Administrative Director, the driving purpose behind these amendments is to increase availability of physicians and reduce replacement panels that cause delays in the […]
October 6, 2022 In an expected move given the ongoing COVID-19 pandemic, on September 29, 2022, Governor Newsom signed into law two workers’ compensation bills, AB 1751 and SB 1127, but vetoed another bill, SB 284. The signing of AB 1751 extends the currently existing presumption of injury for certain types of public safety employees and when an “outbreak” of COVID-19 occurs at the place of employment. These presumptions now expire January 1, 2024 instead of January 1, 2023. AB […]
July 15, 2022 (update) The California Supreme Court has announced that it will address the questions posed by the Court of Appeal in Kuciemba. Specifically, the Court will provide an answer as to whether and how the derivative injury doctrine applies to cases when an employee is exposed to COVID-19 at work, and takes the illness home to other family members. Original Post Date: May 20, 2022 There is no question COVID-19 altered our existence as humans. Worldwide, the pandemic […]
February 22, 2022 The COVID-19 pandemic remains a significant challenge in California. As of December 2021, California experienced the fastest increase in COVID-19 cases during the entire pandemic with 18.3 new cases per 100,000 people per day, and case rates increasing nine-fold within two months. At that time, the Delta variant was the most common variant causing those infections, but as of January 2022, the Omicron variant surpassed the Delta variant, accounting for more than 99.5 percent of new infections […]
July 15 2021 On July 13, 2021, the California Assembly Committee on Insurance held its first hearing on SB 335. The bill was amended significantly by the committee, but ultimately failed to garner enough votes to pass, with several committee members opposing the amended bill. The amendments would maintain the current timeframes for making a liability decision – 45-days for presumptive injuries and 90-days for all other claims. During the delay period, the medical expense cap would remain at $10,000. […]
July 13, 2021 One of the hallmarks of legislation passed during the pandemic, has been an emphasis on moving claims quickly from the initial investigatory phase to either acceptance or denial of the claim at the administrative level. Presumptively industrial COVID-19 claims were subject to a shortened investigation timeframe: either 45-days or in some cases 30-days, after which time, if no decision had been made, were presumed industrial. A new bill making its way through the legislature would see that […]
June 21, 2021 In what seems to be an endless bombardment of new information and policy in response to the COVID-19 crisis, Governor Newsom signed EXECUTIVE ORDER N-09-21 on June 17, 2021. The Governor accepted the recommendations of the Occupational Safety and Health Standards Board – bypassing the usual 10 day review period for approval by the Office of Administrative Law. To add some clarity in this sea of confusion and to lessen prior restrictions, the Emergency Temporary Standards ordered […]