by Kent Ball, Esq.

Job satisfaction for workers’ compensation attorneys comes in small doses. We never hear the hush of a courtroom as the jury foreman passes the verdict form to the trial judge. The media doesn’t stalk insurance defense attorneys as they leave the local WCAB buildings.

So how do workers' compensation attorneys get job satisfaction? When we see the system working against those who try to take advantage. That's when it reminds us of why we got into this field in the first place.    (continued)

by Donald R. Barthel, Esq.

Governor Schwarzenegger signed the workers’ compensation reform package known as SB 899 into law on April 19, 2004. Unfortunately, SB 899 has generated a history of lies.

What's the biggest whopper you've heard about SB 899? What about the argument that the 2005 Permanent Disability Rating Schedule and AMA Guides didn't apply to ANY pre-1/1/05 dates of injury? That was a doozy! Or how about CAAA's insistence that a mere microscopic discectomy qualified as an "amputation" and, therefore, permitted applicants to avoid the two-year temporary disability cap? I thought that one represented the most outrageous claim about SB 899 we would hear, but was I ever wrong!    (continued)

by Donald R. Barthel, Esq.

Oh no! California has, yet again, another split decision! I'm sure you remember the confusion last year? After years of following the apportionment rules set down 30-plus years ago in Fuentes v. Workers' Comp. Appeals Bd. (1976) 16 Cal.3d 1 (Fuentes), the various Courts of Appeal interpreted the impact of SB 899 on this issue with different results. Some concluded we were to continue to apportion by subtracting percentages (Formula A). Others concluded that we were to apportion by subtracting money (Formula C). Faced with conflicting instructions from the courts above, the WCAB punted, refusing to issue apportionment decisions until the California Supreme Court weighed-in.

And now, it has happened again!    (continued)