Ron Mahurin

A case I read on occasion that is good law but out of favor is Braewood Convalescent Hospital v. Workers' Comp. Appeals Bd. (1983) 34 Cal.3d 159.The applicant, who weighed over 400 lbs, worked as a cook and fell injuring his back an elbow. As part of his treatment his doctors recommended a weigh...

Yesterday at trial in San Francisco once I thought about some of the legislative changes that will begin in 2020. CCR 10620 will require any document that a party proposes to offer into evidence at a trial to be filed with the WCAB at least 20 days prior to the trial unless otherwise ordered by ...

I have had a couple of clients contact me and send materials relating to the PG&E bankruptcy. Normally when an insurance carrier goes into liquidation, all the workers compensation files are taken over by the California Insurance Guarantee Association, CIGA, which was founded some years ago to a...

When parties to a California workers compensation case settle out future medical treatment, the Social Security Administration requires that the parties protect Medicare’s interest. The issue was addressed in a 2016 case, Alvarenga v. Scope Industries, Cal. Wrk. Comp. P.D. LEXIS 252, wherein th...

One of the issues I see so often it is a “post termination” claim. There is a specific labor code section dealing with post termination claim. It is an added hurdle. However, in most cases, if the employee is truly injured, the claim will succeed. Labor Code Section 3600(10) says where a claim...

Because it is so pivotal to the outcome of a workers compensation case, the amount of litigation concerning the Panel QME process is astounding. In Peter Luckhardt v. City of Tracy, 2019 Cal. Wrk. Comp. P.D. LEXIS 146 the WCAB once again upheld an injured workers right to obtain a new Panel QME a...

An issue that is common in workers compensation is failure of the carrier to provide a Supplemental Job Displacement Voucher (SJDV). The voucher can be used to purchase computer equipment and more. CCR 10133 provides for all injuries after January 1, 2013 the employee shall be entitled to supple...

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 ...