Author brentmthompson

Author brentmthompson

Independent Contractor

Tags: , , , , California Workers Compensation System No comments

Whether a person is an independent contractor will be based on various facts surrounding the relationship with the “employer.” (1) The ability to control an individual’s work; (2) the worker’s opportunity for profit or loss; (3) Whether the service rendered required a special skill; (4) The degree of permanence of the working relationship; (5) Whether the service rendered was an integral part of the alleged employer’s business; (6) Which party provides the tools and materials used at the job; (7) How the worker is paid for his services.

Medically Required Equipment

Tags: , , , California Workers Compensation System, Medical Treatment No comments

Medically Required Equipment.

In Green v. WCAB, 74 CCC 998, the Court held that an applicant was not required to relocate to another home at defendant’s request to avoid cost of installing medically required elevator and defendant was required to construct and install elevator in applicant’s home.

Total Permanent Disability

Tags: , , , , Benefits, California Workers Compensation System, Labor Code No comments

In Regards To Total Permanent Disability

Regents of the University of California V WCAB (2011) 76 CCC 1237. Applicant found to be Permanently Totally Disabled(PTD) based on her inability to engage in gainful employment in the open labor market. Of significance was the judge’s determination that no apportionment to prior injuries was warranted because apportionment is not appropriate when PTD is based on the inability to compete in the open labor market

Multiple Injuries To The Same Body Part

Tags: , , , , , , Injuries, Medical Treatment No comments

Multiple Injuries To The Same Body Part.

Pursuant to SB 899, and the decisions in Brodie and Benson, successive injuries to the same body part that become permanent and stationary at the same time can no longer be rated as a single injury. Rather, successive injuries must be rated separately, except when physicians cannot parcel out the causation of disability. See Benson v. WCAB (2009) 74 CCC 113.

Burden Of Proof Regarding Overlap Between Injuries

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In Regards To Burden Of Proof Regarding Overlap Between Injuries

The defendant bears the burden of proving the extent of overlap, if any, between the prior and current permanent disability. It is the defendant’s burden to establish the existence of a prior award and to establish the extent of overlap between that prior award and applicant’s current permanent disability.

How Does California Workers’ Compensation Work?

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Worker’s Compensation benefits are all statutory benefits set forth in the California Labor Code. Anybody performing services for another will be covered for an on the job injury, as long as the injury arose out of and occurred during the course of employment. The benefits are essentially medical treatment, temporary disability, permanent disability and a very inadequate voucher. Worker’s Comp is very different than personal injury laws that are pursued through the superior court. Under the current system, the employer has the right to designate the doctors from whom the injured worker must treat. Sweet, right? Every time we get a “reform” legislative change, the insurance industry gets more control over the system. For instance, recent changes to the laws reduced temporary disability payments to a maximum of two years. Ridiculous;but true.