Dec
06
2009
1

Duncan (SIF) v. WCAB (X.S.) – Life Pension, SAWW, COLA, and a partridge in a pear tree

It looks like someone took a SAWW to that COLA

It looks like someone took a SAWW to that COLA!!!

You’re probably just here to download the latest workers’ compensation case about the Cost of Living Adjustment and State Average Weekly Wage increases. [1][2] I’m not going to hold you in suspense – here’s the download link:

John Duncan (Subsequent Injuries Benefit Trust Fund) v. WCAB (X.S.), (W.C.A.B. No. ADJ1510738 / SJO0251902) Writ of Review 11/25/2009

Obviously, you need to read the entire decision for yourself.  Here’s my oversimplification of the case:

Whenever the injured worker is due life pension payments for injuries on or after 1/1/2003, you calculate those benefits, whenever they are due, by increasing them according to the yearly increases in the state average weekly wage starting on 1/1/2004.

If some of this seems familiar, its because this is the same case as XYZZXSJO2 which came out back in February 2009.   I had suggested back in February that the effect of the COLA increases on life pension payments today would be to increase them some 44% or so.

Still having trouble understanding the impact of this case?  Well, you could try my XYZZXSJO2 calculator to tell you what the life pension rate should be during a given year.  (Remember, this just tells you the rate – it is not a commutation calculator.  These are still in the works).

What are your thoughts on Duncan v. WCAB?

http://www.flickr.com/photos/79874304@N00/386160373/
  1. Photo courtesy of Sister72 []
  2. I refuse to apologize for that pun. []
Feb
10
2009
1

Benson v. WCAB and The Permanente Medical Group, affirmed!

California Court of Appeals, First Appellate District

California Court of Appeals, First Appellate District

The First Appellate District of the Court of Appeal of the State of California has affirmed the Workers’ Compensation Appeals Board in Benson v. WCAB and the Permanente Medical Group, affirmed (2/10/2009).  The Court of Appeals held, in relevant part, that “[t]he Wilkinson doctrine is inconsistent with the apportionment reforms enacted by Senate Bill No. 899.”

The basic upshot is that barring “limited circumstances” each distinct industrial injury will require its own Award.

First Ogilvie and Almaraz/Guzman, now Benson?  Its been an exciting two weeks to be a Workers’ Compensation attorney.

Office of the Clerk

Office of the Clerk

Use of this site constitutes agreement to its Terms of Use, Privacy Policy and Legal Disclaimer.
Copyright 2007 - 2017 - PDRater – PD calculators and Jay Shergill
Powered by WordPress | Aeros Theme | TheBuckmaker.com WordPress Themes