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!
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