Vocational Evidence and LC 4660.1(c)
For injuries on or after Jan. 1, 2013, Labor Code 4660.1(c)(1) states that “the impairment ratings for sleep dysfunction, sexual dysfunction, or psychiatric disorder, or any combination thereof, arising out of a compensable physical injury shall not increase.” LC 4660.1(c)(2)(A)(B), however, specifies two exceptions allowing an increased impairment rating for a psychiatric disorder. An employee may receive such […]
WCAB Holds That CTE Is an Insidious Progressive Disease
Generally, the Workers’ Compensation Appeals Board’s jurisdiction to award new and further disability is limited to five years from the date of injury. Labor Code 5410Â states, “Nothing in this chapter shall bar the right of any injured worker to institute proceedings for the collection of compensation within five years after the date of the injury […]
WCAB’s Denial of 132a Claim Does Not Bar Civil Claim Under FEHA
Generally, workers’ compensation is the exclusive remedy for injuries occurring at the workplace. A worker normally must pursue claims for work-related injuries before the Workers’ Compensation Appeals Board (WCAB) rather than sue the employer in civil court.Nevertheless, certain types of intentional conduct take the employer beyond the boundaries of the compensation bargain. In City of Moorpark […]
Liability for Cumulative Trauma Injury Under LC 5500.5
Multiple employers or insurers can be liable for a cumulative trauma (CT) injury, and it’s common for employers or insurers to dispute whether and how much liability they have for such an injury.Pursuant to Labor Code 5500.5(a), liability for a CT injury is limited to employers who employed the worker during the one-year period immediately preceding […]
Special Employment and Union Workers
A blog post by Sure Log, June 2022 When an employer lends an employee to another employer and both have the right to exercise certain powers of control over the worker, a “special employment” relationship arises. The employee can be held to have two employers — the original “general employer” and the second “special employer.” […]
Settling Cumulative Trauma Claims with Multiple Defendents
A blog post by Sure Log, June 2022 Pursuant to Labor Code 550Â 0.5(a), liability for a cumulative trauma injury is limited to employers who employed the worker during the one-year period immediately preceding the date of injury (LC 5412), or the last date of injurious exposure, whichever occurs first. Multiple employers or insurers can be […]
Establishing Permanent Total Disability with Medical and Vocational Evidence
It has long been recognized that an employee’s ability to participate vocational retraining is a significant factor that must be considered in assessing the worker’s permanent disability. (LeBoeuf v. WCAB (1983) 48 CCC 587, 597.) An employee’s inability to compete in the open labor market could support an award of permanent total disability. Even though […]
Derivative Injury Rule Does Not Shield Employers From…
SPECIAL REPORT By Sure Log Generally, the exclusive remedy doctrine bars not only civil claims against an employer by an injured worker but also extends to claims brought by all others that are collateral to or derivative of the employee’s injury. This is known as the derivative injury rule and is supported by the Labor […]