Ron Mahurin

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 ...

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 ...