In a recent case, the California Court of Appeal addressed the process of attempting to change, or rebut, an assigned statutory rating of disability. The California Permanent Disability Rating Schedule assesses an individual’s degree of permanent disability. There are four components of the Schedule: (1) the type of injury; (2) the applicant’s occupation;…
In a recent case, the California Court of Appeal reviewed a decision of the Worker’s Compensation Appeals Board (WCAB) that denied benefits under the “going and coming rule.” This is a rule that mandates that workers’ compensation benefits not be awarded to employees injured during a local commute to a fixed…
The California Supreme Court recently clarified the standard of causation in workers’ compensation death cases. Recognizing the different causation standards in tort law and the workers’ compensation system, the court in this case determined the contributing factor standard as the appropriate link in work-related injuries.The devastating facts of this case demonstrate that Brandon…
In reviewing a decision of the Workers’ Compensation Appeals Board, the California Court of Appeal held that the defendant’s due process right to cross-examination was violated when the plaintiff employee refused to respond to cross-examination. In this case, the appeals court focused on the importance of cross-examination, especially as a…
The California Court of Appeals recently issued a ruling in what would ordinarily be considered a workers’ compensation case but for a personal injury exception regarding power presses. In the case, Gonzalez v. Seal Methods, Inc., 223 Cal. App. 4th 405 (2014), the plaintiff was working for the defendant company in the…
In a recent products liability/workplace injury case, Elsheref v. Applied Materials, Inc., 223 Cal. App. 4th 451 (2014), the California Court of Appeals had before it an appeal from a lower court’s decision regarding the liability of an employer for the injuries reportedly suffered as birth defects in an employee’s son.…
A recent California Court of Appeals decision dealt with the issue of whether or not a trucking insurance policy precluded recovery for a driver who was injured during an on-duty accident. In the case, Global Hawk Ins. Co. v. Le, 225 Cal.App.4th 593 (2014), a driver was sleeping in the truck when…
In a recent workers’ compensation case, Meyers v. Board of Administration, etc., 224 Cal.App.4th 250 (2014), the California Court of Appeals (6th Dist.) analyzed the requirements necessary for a work-related injury retirement, and what an accommodation in that context actually means. In the case, the employee, Mr. Meyers, began work for the…