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Can a vocational expert’s opinion on apportionment supersede and/or replace medical apportionment determined by a treating or evaluating physician for the purposes of total permanent
The recent panel decision, Marva Smith v. Solar Turbines, Inc., ADJ12010500, reads like a crime thriller novel with a dizzying, whirlwind of conspiracy theories postulated
“If you throw a frog in a pot of boiling water, it will hop right out. But if you put that frog in a pot
In Case v. Union Dodge, Inc., 2023 Cal. Wrk. Comp. P.D. Lexis 94, a recent panel decision discussed how there can be more than one
All philosophers, who find Some favourite system to their mind, In every point to make it fit, Will force all nature to submit. – Headlong
A Haiku for the poetry of worker’s compensation, and the two sides of the COVID-19 presumptions: 2020’s ruse COVID-19 hangover Presumption guarded As we approach
The Case Brief this month deals with the poetry of apportionment faced with a presumption. Only an Oxfordian court could torture the promulgation of a
This month our Case Briefs deal with violence and criminal actions in a workers’ compensation case. The poetry of violence is incorporated into the framework
Obtaining a zero MSA takes careful thought and consideration, just like all aspects of a workers compensation case. However, Defendants should be particularly prudent because an underfunded zero MSA account will ultimately be defendant’s medical treatment liability.
“When the walls come tumblin’ down” – The Case of Applied Materials and the Effect of Treater Misconduct
The Applied Materials case is a history of worker’s compensation theory and application since 1983 starting with Le Beof, then Western Growers and going through Hikida and resting with Fitzpatrick. The bottom line is that the system failed this injured worker by having an unprofessional physician handle the treatment for this applicant; the rest is left for history.