Merle C. Rabine examines four recent panel decisions of the California Workers' Compensation Appeals Board on the following topics:

Sanctions on Reconsideration:  Deza v. The Home Depot 2008 Cal. Wrk. Comp. P.D. LEXIS 228; Nuno v. Carniceria La Mejor 2008 Cal. Wrk. Comp. P.D. LEXIS 253. Merle Rabine states: "When I was a commissioner, I would get annoyed when I saw a petition that was obviously worthless.  If the worthless petition misrepresented or ignored the evidentiary record, I would get really annoyed.  Sanctions sometimes followed.  In these two case – Deza and Nuno – petitioners got caught misrepresenting or ignoring the record.  Sanctions followed." 

"Underground Regulations" Issued by Medical Unit Not Enforceable: Schoonover v. First Financial Federal 2008 Cal. Wrk. Comp. P.D. LEXIS 264. Merle Rabine states: "One of the minor irritants of workers’ compensation practice since SB 899 is the effort of the Medical Unit of the Administrative Director (formerly the Industrial Medical Council) to impose procedural hurdles prior to issuing three-QME panels pursuant to Cal. Lab. Code §§ 4062.1 and 4062.2.  It is very difficult to tell how pervasive a problem this is, because it is likely that most problems are resolved by the parties before cases get to the WCAB.  But the Medical Unit appears to continue to apply these hurdles, despite previous WCAB disapproval (see my concurring opinion in Brasher v. Nationwide Studio Fund (2006) 71 Cal. Comp. Cases 1282 (significant panel decision))."

State Disability Payments Not Counted Toward 104-Week Cap on Temporary Disability: Adame v. Automotive Engineered Products, Inc. 2008 Cal. Wrk. Comp. P.D. LEXIS 217. Merle Rabine states: "This case demonstrates that the 104-week cap on temporary disability payments is not a firm cap on employer liability.  If payments are delayed for any reason (e.g., dispute over whether an injury is industrial), the cap will not begin to run until the first check is actually mailed.  Receipt of disability payments from other sources will not limit the employer’s liability for temporary disability payments.  If liability of temporary disability is a serious issue for an employer, this is another incentive to promptly resolve issues."