We’re starting to get more input from the California WCAB on what constitutes a “violent act”. In May 2016 the WCAB addressed the issue in Deborah Larsen v. Securitas Security Services (2016 Cal.Wrk.Comp.P.D.LEXIS 237). Larsen was in a parking lot doing her walking patrol as a security guard when she was hit from behind by

Read more…

Another attack on the constitutionality of independent medical review in California workers’ comp has failed. A second California Court of Appeal district has now ruled that independent medical review (IMR) is constitutional. That’s the bottom line in the March 29, 2017 California Court of Appeal Third Appellate District case of Daniel Ramirez v. WCAB (see

Read more…

A California Superior Court judge has now dismissed an attempt to sue the California Division of Workers’ Compensation on theories of gender discrimination. The decision came on a demurrer to the various alleged causes of action. Currently it is unknown whether an appeal will be filed. Here is the decision filed March 21, 2017 by

Read more…

My last post looked at some of the ways the current House proposal for Obamacare repeal/replace (dubbed Ryancare) might affect workers’ comp. A day in politics can be an eternity. But the vote in the House tomorrow looks to be very close . As of this morning, Politico has an article indicating that current vote

Read more…

Paul Ryan’s plan to gut and amend Obamacare is now on the table. What are the implications for California workers’ comp? The American Health Care Act, aka AHCA or Ryancare, faces political hurdles in the next few weeks. Today it did survive a vote in the House Budget Committee, but it faces uncertain support in

Read more…