This renowned work features more than 6,000 case discussions and valuable advice from a leading authority in California workers’ compensation law.
Since 1980, the late Judge Sheldon St. Clair’s California Workers’ Compensation Law & Practice has been the “go to” resource when tough questions arise.
California Workers’ Compensation Law & Practice provides start-to-finish guidance – over 250 pages – on readying and trying your case. You receive detailed explanations of procedures, strategies for circumventing traps and maximizing opportunities, solutions to common problems, and governing law for:
Determination of medical issues
- The AME/QME process
- Required notices
- Formal medical evaluation procedures
- Reports of medical evaluations
- Recovery of medical-legal costs
- Filing or serving reports
- Medical records
- Pre-trial discovery
- Setting for trial
- Expedited hearings
- Mandatory settlement conference
- Disqualification of WCJs
- Arbitration process
- NIT procedures
- Finding and award or order
- Interest and cost
- Lien claim procedures
- Credit, restitution, commutation
- Enforcement of awards
REVISION 13 HIGHLIGHTS
The latest revision of California Workers’ Compensation Law & Practice keeps you up-to-date in the ever-changing world of workers’ compensation. With the addition of hundreds of recent cases (including hard-to-find “noteworthy” panel decisions), 49 new or revised forms, and new text in every chapter, the best book on California workers’ compensation law is now even better.
This year’s revision includes in-depth coverage of such current issues as:
- Relation-back doctrine and Jones Act claims.
- Independent contractor relationship: freeway service patrol employees.
- Out-of-state employees working temporarily within state: extraterritorial effect of LC §3600.5(d).
- Extension of premises: military bases & other large workplaces.
- Temporary disability: credit for sums paid in lieu of wage for disability.
- Permanent disability: reservation of jurisdiction where employee has reached maximum medical improvement, but condition likely to deteriorate.
- Multiple injuries to the same body part.
- When is an employer not liable for the supplemental job displacement benefit?
- Supplemental job displacement benefit for injuries occurring on or after January 1, 2013.
- Job displacement benefit rules for injuries occurring on or after January 1, 2013.
- Return to work supplemental program.
- Discrimination for refusing to allow employee to use accrued sick leave to supplement temporary disability.
- Joinder of UEF: identifying employers.
- Immigration status not a bar to UEF benefits.
- Notices that must be sent by the claims administrator.
- Venue for lien conferences.
- Claim form or estoppel required for presumption of compensability.
- Commutation of fee.
- Laches defense: is sending a bill the same as filing a lien?
- New body parts alleged after filing N&F petition.
- QME panel disputes in represented cases.
- Process for handling treatment disputes.
- Lien filing and activation fees.
And much more!
– 2 volumes
– Over 70 custom-drafted forms
– Access to digital forms via an emailed zip file
Abbreviated Table of Contents
THE EMPLOYMENT RELATIONSHIP
COURSE OF EMPLOYMENT (TIME AND PLACE)
ARISING OUT OF EMPLOYMENT (CAUSAL RELATIONSHIP)
VOCATIONAL REHABILITATION BENEFITS
PENALTIES: INCREASED AND REDUCED COMPENSATION ON ACCOUNT OF FAULT
INSURANCE: SECURING LIABILITY FOR COMPENSATION
THE DELIVERY SYSTEM: ADMINISTRATIVE SUPERVISION; NOTICE REQUIREMENTS; AUDIT PROCEDURES; ANTI-FRAUD LEGISLATION; INJURY PREVENTION PROGRAMS; INFORMATION AND ASSISTANCE PROGRAM; NEW SB 863 ORGANIZATIONS
SETTLEMENTS: COMPROMISE AND RELEASE, AND STIPULATED FINDINGS AND AWARD
CLAIM FILING PROCEDURE, PLEADINGS, VENUE AND DISMISSAL
ATTORNEYS AND REPRESENTATIVES
STATUTE OF LIMITATIONS: ORIGINAL FILINGS AND REOPENINGS
PREPARATION FOR TRIAL AND OTHER PRE-TRIAL MATTERS
PRE-TRIAL DISCOVERY: DEPOSITIONS AND OTHER TECHNIQUES
TRIAL SETTING AND TRIAL
JUDGMENTS: POST TRIAL DISPOSITIONS, DECISIONS AND OTHER MATTERS
RECONSIDERATION AND REVIEW
About the Authors
Daniel A. Dobrin is a graduate of Cowell College, the University of California, Santa Cruz, and University of California, Los Angeles School of Law. He began his workers’ compensation career in 1977 as a staff attorney with State Compensation Insurance Fund. During the 1980s, he worked as a criminal appellate attorney handling, among other matters, the defense of the “Billionaire Boys’ Club” case. He subsequently was an attorney and partner with Kegel, Tobin and Truce, a Southern California workers’ compensation defense firm. Since 2004, he has been a Workers’ Compensation Judge at the Los Angeles District Office of the WCAB.
Judge Dobrin is a former member of the Pomona Cultural Arts Commission, and founder of the Pomona Film Festival.
David L. Pollak is a graduate of the University of California, Los Angeles, and Western State University, College of Law. He began his workers’ compensation career in 2000 as an associate attorney at the Law Offices of Finestone, Schumaker & Associates, a Southern California workers’ compensation firm representing injured workers. He subsequently worked beginning in 2004 as an associate attorney for the Law Offices of Adelson, Testan, Brundo, Novell & Jimenez, a national workers’ compensation firm representing employers, insurance companies and third party administrators. Since 2009, he has been a Workers’ Compensation Administrative Law Judge at the Van Nuys District Office of the WCAB. He has been a featured speaker for various educational seminars hosted by WorkCompCentral and was awarded its Judicial Officer of the Year for 2014.
Judge Pollak has been a member of the LexisNexis® California WCAB Noteworthy Panel Decisions Advisory Board since 2011.
Roger A. Tolman, Jr. is a graduate of the University of California, Los Angeles and the University of San Diego School of Law. He has been a workers’ compensation judge since June 2001 and works at the Los Angeles Office. Prior to that, he worked at Mastagni, Holstedt & Chiurazzi representing applicants including state work-ers, law enforcement personnel, and others. He has worked for both applicant and defense firms and has worked in both southern and northern California. He is also involved in continuing education of judges, especially in regards to use of the Division of Workers Compensation’s EAMS computer system.