When a case is resolved by way of a Compromise & Release (C&R), parties often believe that all pertinent issues (including claims of injury and body parts) have been disposed of in the settlement. This is because settlements will carefully delineate all of the body parts and claims that are being resolved in the written agreement. What do we make of the applicant who decides to file a subsequent claim alleging an injury that was presumably resolved in the prior settlement? An important lesson can …
Continue ReadingAuthor: Pamela S. Aaron
Recent Trends an “Inextricably Intertwined’ Universe
Oftentimes we see applicants who sustain a specific injury but continue to work thereafter and simultaneously developed a cumulative trauma injury. When evaluating an applicant, the California Labor Code specifically requires a physician to determine what percentage of disability was caused by each industrial injury. This is consistent with the new system of apportionment under SB 899 and the enactment of Labor Code section 4663 and section 4664 which is based on causation. This means that each distinct industrial injury must be separately compensated based …
Continue Reading