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 21  HIGHLIGHTS

This edition keeps you up-to-date with more than 100 recent cases plus updated forms and tables.

• COVID-19 presumptions have expired, except the presumption of psychiatric injury for firefighters
  and first responders is extended to January 1, 2029. §1:54
• Securities brokers’ exemption from the ABC test upheld. §3:70.2
• School district board resolution converted a volunteer to an employee. §3:170
• Personal disputes distinguished from work-related assaults. §6:121
• Impermissible vocational apportionment may not substitute for valid medical apportionment §8:83
• Applicant could not be compelled to go to the assessment by “defendant’s” nurse. §9:19
• IMR was defective because of inaccurate medical history. §9:63
• Lien claimant’s request for discretionary relief accepted. §10:94
• Airline Deregulation Act cannot preempt Board’s obligation to assess reasonableness of evidence
  to determine air ambulance carrier’s reimbursement. §10:109
• Cost petitioner not excused from submitting dispute to independent bill review. §10:154
• Industrial disability leave is not “compensation” for purposes of the serious and willful
  misconduct penalty. §12:20
• Attorney’s fees constitute “compensation” and unreasonable delay in payment is subject to
  penalties. §12:102.
• Requests to set aside C&R based on lack of competency and mistake. §§15:103, 15:104
• Cumulative trauma claim was not barred by the statute of limitations §16:154.
• An employer’s failure to give notice of the statute of limitations allowed a change in the date
  of injury through the relation back doctrine. §18:51
• Actual knowledge of facts barred statute of limitations even though the employer did not know the
  facts could show compensable injury. §18:54
• Timeliness of claims for Subsequent Benefits Trust Fund Benefits, §18:63
• Unrepresented track appropriate for applicant who had not signed attorney fee agreement before
  selection of a qualified medical evaluator panel. §19:32
• “Doctor shopping” may merit sanctions but is not a basis for striking a second panel for a
  subsequent cumulative trauma claim. §19:132
• Tolling of 60-day period where a petition for reconsideration never reaches Board. §23:50.
• No duty of care to workers’ spouses in Covid-19 cases. §24:08
• Firefighter could not sue city bus driver’s employer for negligence because transit authority was
  a branch of government so firefighter and bus driver were co-workers. §24:06

AND MORE!