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Seminar Archives

At Full March

Boasting Mardi Gras, Ash Wednesday, International Women’s Day, Daylight Savings, St. Patrick’s Day, March Madness, Purim, and the Vernal Equinox, March is an extremely busy time of year. At Mullen & Filippi and across the industry we’re all making use of that extra hour of daylight.  In the spirit of St. Patrick’s Day, we hope

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A Bold Strategy to Avoid Adding of Disabilities

Although the statements made in the Fitzpatrick footnote are dicta, clearly the Third District Court of Appeal expressed significant concerns with the arguments made by the WCAB itself in favor of the theory by which it justifies adding disabilities instead of using the Combined Values Table. My recommendation is to argue that Kite is no longer valid law on which the WCAB may support a decision and neither is any case which cites Kite or its progeny for its basis.

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The Ongoing Battle for the Add-On Disability

Notwithstanding the exceptions, it would appear that Labor Code §4660.1(c) has achieved its intended purpose by severely reducing the number of “compensable consequence” sleep, sex and psyche claims since its enactment in 2013.

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The Perils of Calculating Temporary Disability

Before calculating temporary disability, the parties should review Labor Code § 4653 and Labor Code § 4453 to determine which section of the Labor Code supports calculation of temporary disability based on average weekly earnings. Under Labor Code § 4653 temporary disability is two-thirds of an applicant’s average weekly earnings, subject to the minimum and maximum levels established under Labor Code section 4453.

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The Lindh case is now law, as the California Supreme Court denied on 3/13/2019 a Petition for Review filed on 1/17/2019 by the injured worker.  As was discussed in a 12/11/2018 Special Bulletin on our website, SPECIAL BULLETIN: HUGE DEFENSE WIN IN LINDH, William Davis, an Associate Partner in our Santa Rosa office, obtained a significant decision addressing

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