Ron Mahurin

Labor Code Section 4610.6 addresses the process of Independent Medical Review (IMR) oversight of Utilization Review (UR) decisions and outlines several basis to overturn an IMR decision. Any injury worker is painfully aware of Utilization Review, a process wherein insurance carriers deny medical...

Calculating Total Temporary Disability (TTD) benefits is almost an art form. There are many considerations. Most often an insurance carrier will simply add all the wages paid over the last fifty two weeks and divide by 52. This can have detrimental consequences for a worker who was injured for ...

Labor Code 3600 provides the conditions that must be met for the exclusive remedy to apply. Labor Code 3601 is the exclusive remedy rule. It is broad and provides that WCAB has jurisdiction over all work related injuries and deaths. It prevents litigation of torts, which for example would preve...

One subset of WCAB litigation that is quite complex is asbestos exposure. Take the case of Chavira vs. WCAB (1991) 235 Cal. App. 3rd 463 for example. Ernest Chavira, applicant, was employed by Johns-Manville Sales Corporation from October 24, 1952, through May 23, 1958. During his employment by ...

Blackledge vs Bank of America 38 CWCR 117 (2010) is a case that merits periodic review because it delineates the roles of the Judge, Physician, and Rater in determining the actual disability assigned to a particular injury. A Physician is to to assess the injured employee’s whole person ...

ADA AND INDIAN CASINOS. Quite often I receive telephone calls from injured workers that do not fall under California law because they are Federal employees, or work for an Indian gaming entity. With respect to the latter, I also get requests for Americans with Disabilities Act prosecution (ADA) ...

What happens if you settle your case and make an unfortunate mistake. Can it be corrected? If it is a clerical error, yes. California Code of Regulation 10858 allows a WCJ to correct clerical errors if no petition for reconsideration has been filed. Correcting other issues depends on many factors...

Daniel Belling vs United Parcel Service is a Significant Panel Decision that merits review. First Mr. Belling’s wife attended his Qualified Medical Evaluation to help provide information because Mr. Belling was “unable to communicate the required information to the evaluator.” In other words, th...

When a person settles a Workers Compensation case in California then applies for Social Security disability benefits it generates many concerns, especially if there is a lump sum settlement in the Workers Compensation case. First the Social Security Administration wants to make sure you do not s...