06/22/2011
I think that is kind of a loaded question. A compensable consequence means that the underlying injury has in and of itself caused or aggravated another injury. Which I think would mean that the cause of the injury was not a good faith personnel action. But I suppose there is some set of facts
Category: Forums
06/22/2011
quote1s6cv6jyDo you use the same Rolda analysis if the psyche claim arises as a compensable consequence from an orthopedic injury quote1s6cv6jy
I have not seen that done. I have only seen Rolda applied and discussed when it concerns personnel actions and their characterizations of good
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09/18/2011
Psychiatric injury was a compensable consequence of an earlier industrial injury and
L.C. 3208.3 was not applicable bkkciaqupREBELO 27 CWCR 159bkkciaqup; CWCLP 653 6200;
reversed by bkkciaqupLockheed Martin McCULLOUGH 30 CWCR 65 67 CCC 245bkkciaqup
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05/15/2012
incidentals. Get the PTP writing that report.
Seriously I would not want to pay the mileage of 400 probably 3 times per week and expose myself to a compensable consequence accident not that hard to find a PT facility in AZ and negotiate a rate.
Once you have a PTP report saying applicant should not
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08/28/2012
is you could spend 6 six hours interviewing a claimant and still have no idea about what happened because you haven't interviewed the employer and these usually go to trier of fact anyway. I find those claims much more problematic and nebulous than compensable consequence claims.
CASE 1 Employee
Category: Forums
09/01/2012
compeltely new injury and not an ongiong disease or compensable consequence I think you have quite a different situation. This is a new injury not a new medical issue within the original claim would be my argument.
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10/30/2012
"c 1 Except as provided in paragraph 2 there shall be no increases in impairment ratings for sleep dysfunction sexual dysfunction or psychiatric disorder or any combination thereof arising out of a compensable physical injury. Nothing in this section shall limit the ability of an
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10/07/2013
It is likely that fewer compensable consequence psychiatric claims are being asserted in 2013 injuries since there will be no PD award unless the injury qualifies as "catastrophic." However that wouldn't explain a decrease for pre-2013 injuries. Perhaps AMEs are being used with greater
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11/09/2015
Any part of the litigation process for the injured worker is not a compensable consequence. This can be found in Rodriguez vs. WCAB 59 CCC 14 and Kalmoni vs. WCAB 59 CCC 949. They do not arise out of employment.
Stress over a non-industrial condition postponing surgery also does not arise out
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02/06/2016
Psychiatric PD that is a consequence of a catastrophic injury is still compensable. We do not yet have a legal interpretation of the term catastrophic injury. However the statute says it includes but is not limited to a severe head injury. For many if not most people a head injury that is
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