California Workers Compensation System

California Workers Compensation System

QME- For new injury/multiple injuries involved

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Applicant is entitled to a new Qualified Medical Examiner ( QME ) pursuant to Navarro v. City of Montebello (2014) 79 ccc 418 when applicant filed a new injury claim after being examined by the original QME for the prior claims. Defendant claimed that applicant intentionally delayed filing new claim to obtain new QME. No evidence to support allegation.

Ex Parte Communication with Judge

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Section 10324, California Code of Regulations provides that no document, including letters or other writings, shall be filed by a party or lien claimant with the Worker’s Compensation Appeals Board unless service of a copy thereof is made on all parties together with the filing of a proof of service as provided for in Rule 10505.

Independent Contractor

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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

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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

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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