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Labor Code › Workers’ Compensation Appeals Board (WCAB) › Appeals

Laughlin, Falbo, Levy & Moresi LLP

Who Pays What: The Pitfalls of Contribution and Reimbursement Among Co-Defendants in Workers’ Compensation

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The recent Barahona v. ABM Janitorial Services (2024) 53 CWCR 4, decision sheds light on a common but often misunderstood issue in California workers’ compensation: how liability is shared among multiple employers and...more

Laughlin, Falbo, Levy & Moresi LLP

Board Panel Makes it Clear that the 60 Day Time Limit to Act on a Petition for Reconsideration is Tolled when an Error Occurs at...

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The Workers’ Compensation Appeals Board has designated its March 27, 2024, opinion in Sandra Ja’Chim Scheuing v. Livermore National Laboratory, permissibly self-insured, administered by Gallagher Bassett, as a significant...more

Laughlin, Falbo, Levy & Moresi LLP

Court of Appeal Nixes WCAB’s “Grant for Further Study”

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The California Court of Appeal for the Second District issued a writ of mandate on August 1, 2023, ending the WCAB’s longstanding procedure of granting Petitions for Reconsideration for Further Study. Unfortunately, however,...more

Laughlin, Falbo, Levy & Moresi LLP

WCAB Rejects Concept of “Vocational Apportionment” in Rare En Banc Decision

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Further Restrictions on Vocational Apportionment - As most workers’ compensation practitioners can attest, vocational evidence has seen a resurgence in recent years, as the applicant’s bar attempts to obtain Awards of 100%...more

Laughlin, Falbo, Levy & Moresi LLP

Applied Materials v. WCAB – Physician Misconduct Compensable and Fitzpatrick Affirmed

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The Sixth District Court of Appeal recently issued its decision in the matter of Applied Materials v. WCAB. The decision was initially issued as unpublished and the California Workers’ Compensation Institute obtained an...more

Haight Brown & Bonesteel LLP

WCAB analysis may invite a wave of new litigation

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In Wilson v. State of California Department of Forestry and Fire Protection, the WCAB held that multiple factors must be considered by a court making a determination whether an injury is catastrophic and qualifies for an...more

Haight Brown & Bonesteel LLP

Court Blocks Attempt to Circumvent the Med-Legal Process

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On October 28, 2015, the Second District Court of Appeal, Division Six, published its opinion in Margaret Batten v. Long Beach Memorial Hospital, B260916, in which it determined that a self-procured medical-legal report...more

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