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
- Setting for trial
- Expedited hearings
- Mandatory settlement conference
- Disqualification of WCJs
- Arbitration process
- NIT procedures
- Finding and award or order
- Interest and cost
- Lien claim procedures
- Credit, restitution, commutation
- Enforcement of awards
REVISION 16 HIGHLIGHTS
This edition keeps you up-to-date with 2 revamped chapters, statutory and rule changes, and hundreds of new cases updating all 24 chapters covering these and many other developments:
- New workers compensation laws enacted in 2018.
- Labor brokers.
- Joint employment.
- Employee vs. independent contractor.
- Cancer presumption in peace officers.
- 90-day presumption under LC §5402 and evidence of good faith personnel action.
- No malpractice liability for UR doctors acting under LC §4610.
- Permanent disability: using combined value chart with the Almeraz / Guzman
- Lien filing requirements.
- Filing fee for medical treatment liens and claims of costs.
- Services exempted from Medical Fee Schedule.
- Automatic stay on liens filed by or on behalf of providers criminally charged with fraud.
- 240 week condition precedent for filing application for death benefits.
- Serious and willful misconduct by employer.
- CIGA-indemnified temporary agencies and insured special
- WCJ’s right to rescind order approving settlement.
- Withdrawing from a C&R after WCJ approval.
- Attorney lack of diligence in seeking deposition fees.
- Division of fees between former and current attorneys and self-represented applicants.
- Scope of discovery.
- Vexatious litigants.
- QME Panel disputes in represented c
- Ex Parte communication with AME or
- Video conferencing evaluation by AME.
- Declaration of readiness requirements.
- Inability to cross-examine applicant and due process concerns.
- Board’s authority to reject stipulations on good cause.
- WCJ‘s right to reject stipulations and base decision on evidence presented.
- Setting aside stipulations based on mutual mistake.
- Attorney sanctions.
- Updated Table of Authorities and Table of Cases