Appeals Board Reporter

CRIMINAL CONVICTION REVERSED BECAUSE FALSE STATEMENTS WERE NOT MATERIAL TO THE ELIGIBILITY FOR VOCATIONAL REHABILITATION BENEFITS.

Fri, 12 Mar 2010 11:20:37 GMT

In People v. José Garcia (2009) 12 WCAB Rptr. 12,077, the criminal conviction for workers' compensation fraud was reversed by the Court of Appeal because there was no substantial evidence that the false statements the defendant made to insurance investigators were material to his eligibility for vocational rehabilitation benefits.

DURABLE-GOODS MANUFACTURING SECTOR INJURIES DECLINE

Fri, 12 Mar 2010 11:17:18 GMT

The California Workers' Compensation Institute recently released a report reviewing 208,000 claims filed by durable-goods manufacturing workers in California between 2001 and 2008 and found this sector accounted for 10.9% of all job injuries in 2001, but the percentage has steadily declined, falling to an eight-year low of 6.9% in 2008.

WRIT GRANTED IN GUZMAN EN BANC DECISION

Fri, 12 Mar 2010 11:13:53 GMT

The Sixth District Court of Appeal has granted a petition for writ of review of the Appeals Board's en banc decision in Milpitas Unified School District v. Workers' Compensation Appeals Board (Joyce Guzman) (2009) 12 WCAB Rptr. 12,072,

INTERESTING PANEL DECISION

Fri, 26 Feb 2010 10:02:05 GMT

If there is an express agreement pursuant to Labor Code §5304 between persons or institutions fixing the amounts to be paid for medical, surgical or hospital treatment, the appeals board has no jurisdiction over any controversy concerning the amount due for such treatment.

IMPORTANT PANEL DECISION

Fri, 26 Feb 2010 09:58:52 GMT

Pharmaceuticals dispensed outside Pharmacy Benefit Network are not payable by employer.

ONE MILLION DOCUMENT BATCHES SUCCESSFULLY PROCESSED INTO EAMS

Fri, 26 Feb 2010 09:55:34 GMT

The Division of Workers' Compensation has successfully processed 1 million document batches into the Electronic Adjudication Management System (EAMS), achieving this milestone less than a year and a half since the case management system was activated.

IMPORTANT PANEL DECISION

Fri, 26 Feb 2010 09:53:41 GMT

Employer is not liable for pharmaceuticals dispensed outside Pharmacy Benefit Network.

RAILROAD FELA CASE: $35.7 MILLION JURY VERDICT FOR PHYSCIAL PAIN AND MENTAL SUFFERING AFFIRMED BY COURT OF APPEAL

Wed, 03 Feb 2010 10:25:45 GMT

The Second District Court of Appeal, Division Eight in an unpublished opinion in Eric Doi v. Union Pacific Railroad Company (2010) 12 WCAB Rptr. 12,046, affirmed a jury verdict of $35.7 million in non economic damages involving a quadriplegic.

WORKERS’ COMPENSATION CLAIMS BY AGRICULTURE WORKERS

Wed, 03 Feb 2010 10:16:45 GMT

The California Workers' Compensation Institute (CWCI) recently published a study of workers' compensation claims by agriculture workers, which showed that 70% of the injured workers were represented by attorneys and that over half of the lost-time cases close within a year. Together with geographic differences, lower wages and a different mix of injuries resulted in lower-than-average medical and indemnity benefits.

COURT OF APPEAL DECISION

Wed, 03 Feb 2010 10:13:01 GMT

For an employer to be liable under Labor Code §3602(b )(2), the employee must establish the existence of three conditions: (1) the employer concealed the existence of the injury, (2) the employer concealed the connection between the injury and the employment, and (3) the injury was aggravated following the concealment.