Nunes II: WCAB Upholds Vocational Apportionment as Invalid
August 31stSure LogAttorney of Counsel, Michael Sullivan & Associates, LLP On June 22, 2023, in Nunes v. State of California, Dept. of Motor Vehicles,[1] the Workers’ Compensation Appeals Board (WCAB) issued an en banc holding that: Labor Code § 4663 “requires a reporting physician to make an apportionment determination and prescribes the standard for apportionment. The Labor Code makes […]
The Talent Shortage of California Workers’ Compensation Adjusters: A Crisis with Far-reaching Implications
August 31st, 2023Staff, IEA California, a bustling hub of business and innovation, is currently facing an unprecedented challenge that could have far-reaching consequences. The state is grappling with a severe shortage of workers’ compensation adjusters, a profession crucial for the smooth functioning of its workers’ compensation system. These adjusters play a pivotal role in assessing […]
How to Handle Pending Appeals Following Earley v. WCAB
August 16th, 2023Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP On Aug. 1, 2023, the 2nd District Court of Appeal issued its decision in Earley v. WCAB invalidating the long-standing practice of the Workers’ Compensation Appeals Board (WCAB) to grant petitions for reconsideration without first deciding whether reconsideration is warranted. The court held that grant-for-study orders […]
Court Invalidates Common WCAB Reconsideration Practice
August 2nd, 2023Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP On Aug. 1, 2023, the 2nd District Court of Appeal issued its decision in Earley v. WCAB invalidating the long-standing practice of the Workers’ Compensation Appeals Board (WCAB) to grant petitions for reconsideration without first deciding whether reconsideration is warranted. It held that pursuant to Labor […]
Request for a Replacement Panel Pursuant to Romero
July 18th, 2023Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP The Labor Code describes different procedures for requesting a panel of qualified medical evaluators (QMEs). Labor Code § 4062.1 controls the procedure by which parties may obtain a medical evaluation to address a disputed issue pursuant to LC 4060, LC 4061 and LC 4062 […]
Elevate Your Professional Growth with IEA’s Fall 2023 Instructor-Led Classes!
July 5th, 2023 Are you ready to unlock your full potential and soar to new heights in your professional journey? Are you a training manager struggling to make your training dollars go as far as possible? We can help! At IEA we are excited to announce the launch of our Fall 2023 instructor-led classes. As […]
Special Report! Nunes v. State of CA, Dept. of Motor Vehicles: Vocational Apportionment Invalid
It has long been recognized that an employee’s ability to participate in vocational retraining is a significant factor that must be considered in assessing the worker’s permanent disability. (LeBoeuf v. WCABÂ (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 […]
Credit for Overpayment of Permanent Disability
It is not uncommon for a defendant to overpay permanent disability (PD) benefits. An overpayment might occur for several reasons. The defendant might not receive the physician’s report declaring the applicant permanent and stationary until long after the evaluation. Or a defendant simply might make a mistake and pay more PD than required. Labor Code […]
WCAB Extends Time Limit to Use Voucher Due to COVID-19
by Sure S. LogMay 17th, 2023 California Gov. Gavin Newsom has ended the COVID-19 state of emergency in California. While it was in effect, however, the workers’ compensation system was subject to numerous changes and disruptions. The Workers’ Compensation Appeals Board (WCAB) moved toward remote hearings, and Gov. Newsom issued an executive order extending specified time limits established in […]
FMLA: What Have the Courts Been Saying?
California 2023 Employment Law Updates Attention Employers! Are you aware of the latest FMLA lawsuits and their outcomes? If not, you’re putting your business at risk! Don’t let FMLA interference and retaliation lawsuits catch you off guard. Join IEA in partnership with TELUS Health (formerly Lifeworks)Â for a compelling and informative FREE webinar. Hear from […]
