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Litigation - Recent Cases
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New WCAB Tool - "Commissioner's Settlement Conference" (June, 2021)
Psyche Symptoms Before Award Does Not Preclude Reopening (June, 2021)
"Equitable Tolling" Doctrine Applies to Appeal of Cal/OSHA Citation (Dec, 2020)
Compromise and Release Resignation Letter Bars FEHA Claim (Nov, 2020)
LC 5500.5 Contribution Can Be Timely Initiated by DOR (Oct, 2020)
New Law Allows Workers' Compensation Remote Depositions (Oct, 2020)
MSP Reimbursement Not Time Barred 6 Years Post Settlement (Jul, 2021)
Judge Rules OSHA Injury Report Form 300 is Not Confidential (July, 2020)
WCAB Panel Elaborates on SIBTF Eligibility Requirements (April, 2020)
En Banc WCAB Invalidates AD Rule 10133.54 on SJDB Jurisdiction (April, 2020)
WCAB Allows Non-Comp Evaluations Into Evidence (Feb, 2020)
Substantial Evidence Standard Applies to OSHA Appeals (Jan, 2020)
DWD Unit Must Show No Dependents Exist (Oct 2019)
Findings in WCAB Psyche Case Binding in FEHA Claim (2019)
C&R Only Releases Items Listed in Paragraph One (2019)
Written Consent Required for Comp Attorney Referral Fee (2018)
WCAB Invalidates AD Dispute Resolution Regulation (2018)
Properly Worded C&R Also Releases FEHA Claims (2018)
C&R Addendum Did Not Release Civil Liability (2018)
Subrogation Includes "All Benefits" Paid by Employer (2017)
Panel Allows "Interrogatory" in Comp Litigation (2017)
Newly Joined Defendants Protected by Statute of Limitation (2017)
Take Nothing in Comp Psyche Case Binding in FEHA Claim (2017)
Applicants Must Show "Competency" to Mange MSA (2017)
CIGA Defeats CMS “Excessive Demands” – So Far (2017)
L.C. 5500.5 Does Not Set Statute of Limitations (2017)
Supreme Court Limits Interest on Late Disability (2017)
WCAB Orders Electronic Out-of-State Testimony (2017)
Refusal to Strike AME Report “Without Prejudice” Not Appealable (2016)
WCAB Permits Settlement of SJDB With “Thomas” Finding (2016)
DCA Rejects “Daubert” Evidentiary Standard in Comp Death Case (2016)
Medical Reports Outside of AME/QME Process Inadmissible (2015)
DCA Reverses Total PD Award – Orders Cross-Ex of Applicant (2015)
WCAB Limits Discovery of Psychiatric Records (2014)
DCA - Privileges Apply to WCAB and Limit Discovery (2014)
WCAB - Sub-Rosa Admissible Despite “No Trespassing” Signs. (2014)
WCAB Panel Says No to Joint and Several CT Award (2014)
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