Tim Kinsey successfully defeated Applicant’s claim for a CalPERS Industrial Disability Retirement, saving the City of Anaheim over $1,000,000. The JAMS Judge concluded that because Applicant resigned before participating in Anaheim’s Mandatory Permanent Modified Duty program, he precluded the City’s ability to explore modified positions and therefore denied Applicant’s request for an Industrial Disability Retirement.
California’s Department of Industrial Relations (DIR) Division of Workers’ Compensation (DWC) and Workers’ Compensation Appeals Board (WCAB) have announced updated hearing procedures, effective June 8th, in an effort to improve operations during the coronavirus (COVID-19) pandemic.
Emergency rules have been passed due to the COVID-19 pandemic to allow remote med-legal evaluation by AMEs or PQMEs while the stay at home orders are in effect. This emergency regulation may have the effect of speeding up the med-legal process which has been stalled somewhat under the stay at home orders.
California Governor Gavin Newsom announced an Executive Order in response to the Coronavirus COVID-19 outbreak, establishing a rebuttable presumption that a worker who tests positive for the virus contracted it arising out of and during the course of employment.