The recent California Supreme Court case, South Coast Framing Inc. V. WCAB (Jovelyn Clark) clarifies the standard of causation in a workers’ comp death case. In day to day workers’ comp practice the decision will probably be helpful to workers’ comp claimants who are litigating to establish that an injury or death is work related.
What about doctors giving a warranty for their work? Workcompcentral’s Ben Miller produced an interesting piece about a Florida spine surgeon, Dr. Ari Deukmedjian, who apparently does just that. Apparently the warranty is available if an insurer pays the Deuk Spine Institute’s billed rate rather than the rate dictated by Florida’s workers’ comp fee schedule. Well
It’s never been clear why Governor Brown has been so slow to exercise appointments to the WCAB. But at any rate Brown has now exercised that power, appointing Jose Razo to the WCAB. Razo, a journeyman workers’ comp practitioner, comes most recently from Laughlin, Falbo, Levy and Moresi, a statewide defense firm with an excellent reputation.
Is an untimely IMR determination grounds for an appeal of the IMR determination? That was the issue in Norberto Arredondo v. Tri-Modal Distribution Services and SCIF. In a 2-1 decision authored by Commissioners Zalewski and Lowe (with a dissent from Commissioner Sweeney), the answer is no. The applicant contended that the IMR determination did not
AB 305, aimed at preventing gender discrimination in workers’ comp, continues to advance in the legislature. The bill, sponsored by Assemblywoman Lorena Gonzalez of San Diego, survived an Assembly Insurance committee vote and will proceed to the Assembly. The bill would prohibit apportionment determinations in physical injury cases based on factors of osteoporosis, pregnancy or