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Resources

Welcome to the Resources Section. Here you will find a plethora of original materials as referenced in the print edition.

All Categories  >  Litigation (47)
Category:
WCAB (3)  
Atty Generals (3)  

Resources:
Tapia Decision on Liens

The recent Tapia en banc decision gives payers reason to cheer. Read it here

Writ on Tapia

Writ filed on Tapia with appellate court has defense attorneys a little nervous. Read it here

Judge Dismisses $1B Lawsuit Against AIG

Here is Judge Gettleman’s order dismissing NCCI’s lawsuit that accused AIG of shortchanging the National Workers Compensation Reinsurance Pool.

Defense Wins In Premier Lien Dispute

Premier Medical Management Systems agreed to drop its lien claims against a host of carriers and self-insured employers as part of a pending settlement. Click hear to see Workers' Compensation Appeals Board judge Mark Kahn’s order making $70 million in liens disappear.

AIG Refiles Complaint Against Competitors

American International Group revives its allegations that several key competitors conspired against it, while also shortchanging a national workers' comp reinsurance pool. Click here for the amended complaint.

Esquivel Opinion

The Court of Appeals finds that there are geographical limits to an employer’s liability for injuries sustained while seeking medical care for an industrial injury. 

Writ Filed in Almaraz

The State Compensation Insurance Fund filed the following appeal in Almaraz v. WCAB with the Fifth District.

Applicant Appeals Ogilvie Decision

The attorney for Wanda Ogilvie, the applicant in Ogilvie v. WCAB, is also challenging the WCAB’s conclusions and filed this writ with the Third District.

Defense Files Writ in Ogilvie

The City and County of San Francisco is asking the Third District to review the WCAB’s en banc decision in Ogilvie II and filed this writ.

Writ Filed in Guzman-Part 1

Milpitas Unified School District filed this writ with the Sixth District seeking court review of the WCAB’s en banc decision in Almaraz/Guzman II.

Writ Filed in Guzman - Part 2
EDIC Files Amicus Brief In Ogilvie

Employers Direct Insurance Company also joined in the push to get the Third District to overturn the Workers' Compensation Appeals Board’s Ogilvie decision by filing this amicus brief.

DIR Director Files Amicus Brief In Ogilvie

Director John Duncan filed this amicus brief asking the Third District to overturn the Workers' Compensation Appeals Board’s Ogilvie decision.

CWCI Files Amicus Brief In Ogilvie

The California Workers' Compensation Institute was joined by the American Insurance Association and the California Chamber of Commerce in filing this amicus brief that asks the Third District to overturn the Workers' Compensation Appeals Board’s Ogilvie decision.

Court Sets COLA Adjustments For Life Pensions

The Sixth District issued a controversial decision in Duncan v WCAB that could govern how cost of living adjustments are made to life pensions and benefits for injured workers with permanent total disability. Click here to see how the court says they should be applied.

WCAB Panel Decision: Steve Bowden v. Sunray Termite Control, Inc., and National Liability and Fire

New panel decision could possibly put the brakes on Ogilvie

Panel Decision Expands Liability

An employer properly denied a back surgery request and doesn't have to pay for it even though it was performed. However, a Workers' Compensation Appeals Board panel now says that it has to pay for a surgery to fix the one that wasn't necessary in the first place. Click here to read its reasoning.

FEHA Case Spells Trouble For Arbitration

A fresh decision by the California Supreme Court has some worried that it will undermine arbitration proceedings in California and make them less efficient and more costly. Click here for the full opinion and dissent.

Ex Parte Rules Clarified

The Second District Court of Appeals issued a decision clarifying when attorneys and claims adjusters are stepping over the line in discussing a case with a qualified medical evaluator. Get the full decision to find out where the line is by clicking here.

Gettleman Order in AIG vs ACE

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION AMERICAN INTERNATIONAL GROUP, INC., ) AIG CASUALTY COMPANY F/K/A, ) BIRMINGHAM FIRE INSURANCE COMPANY ) OF PENNSYLVANIA, AIU INSURANCE ) COMPANY, AMERICAN HOME ASSURANCE ) COMPANY, AMERICAN INTERNATIONAL ) PACIFIC INSURANCE COMPA