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Case Briefs
THE RISE AND FALL OF THE VOCATIONAL APPORTIONMENT EMPIRE
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 TALE OF THE VEXATIOUS LITIGANT
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
IT’S JUST A MATTER OF WORKING BY SLOW DEGREES
“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
Workers’ Compensation is a Three-Card Monte Game to Find the Lady at the End of the Frame
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
TENACITY OF THE ENEMY
All philosophers, who find Some favourite system to their mind, In every point to make it fit, Will force all nature to submit. – Headlong
THE TWO SIDES OF THE COVID-19 PRESUMPTIONS
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
Without poetry, we lose our way
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
O violence! What song shall be sung for you?
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
Another One Bites the Dust . . . settlements, settlements my kingdom for a settlement
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.
