California Workers’ Compensation Law & Practice

Description

This renowned work features more than 6,000 case discussions and valuable advice from a leading authority in California workers’ compensation law.

Since 1980, the late Judge Sheldon St. Clair’s California Workers’ Compensation Law & Practice has been the “go to” resource when tough questions arise.

California Workers’ Compensation Law & Practice provides start-to-finish guidance – over 1,400 pages – on readying and trying your case. You receive detailed explanations of procedures, strategies for circumventing traps and maximizing opportunities, solutions to common problems, and governing law for:

Determination of medical issues

• The AME/QME process
• Required notices
• Formal medical evaluation procedures
• Reports of medical evaluations
• Recovery of medical-legal costs
• Filing or serving reports
• Medical records
• Pre-trial discovery

Trial

• Setting for trial
• Expedited hearings
• Mandatory settlement conference
• Notices
• Disqualification of WCJs
• Arbitration process
• NIT procedures

Judgments

• Finding and award or order
• Interest and cost
• Lien claim procedures
• Credit, restitution, commutation
• Enforcement of awards

REVISION 22  HIGHLIGHTS

This edition keeps you up-to-date with more than 100 recent cases and updated Tables of Cases and Authorities.

NEW LAWS:

• Employers must display notices informing employees of their right to consult with a licensed
  attorney regarding workers’ compensation claims. §1:54
• Electronic signatures are authorized on workers’ compensation documents. §§1:54, 21:01
• A petition for reconsideration is deemed denied if not addressed within 60 days from the date a
  trial judge transmits the case to the WCAB. §§1:54, 23:50
• Deadline for contractors to comply with workers’ compensation insurance requirements extended
  to January 1, 2028. §1:54

NOTEWORTHY CASES AND PANEL DECISIONS

• Workers’ compensation was sole remedy for the estate and family of decedent killed while
  volunteering at school event, Court of Appeal holds. §3:170
• Food services worker assigned to firefighting camp was injured when he left for personal comfort
  reasons, Court of Appeal concludes. §5:84
• Industrial disability leave benefit for state employees and officers is not “compensation” and so is
  not used to calculate the 50 percent S&W increase, the California Supreme Court holds. §7:76
• Board refines the Kite rule regarding how to rebut the Combined Value Chart. §8:73
• Board concludes that once the carrier provides durable medical equipment, they are obligated to
  maintain it. §9:13
• An applicant or the applicant’s attorney need not first request records from the employer or the
  insurer before requesting a subpoena for them Board finds. §10:203
• Board finds the UEBTF derivatively liable for an illegally uninsured employer, despite the
  applicant having previously settled with an insured employer by compromise and release.
  §13:156
• Centers for Medicare & Medicaid Services (CMS) updates the Workers’ Compensation
  Medicare Set-Aside Arrangement Reference Guide to specify when an MSA is not necessary.
  §15:58
• Board finds that the applicant’s filing of a claim form based on the suspicion that his condition
  was work-related did not amount to knowledge of its industrial nature for statute of limitations
  purposes. §18:54

AND MORE!