Entries for 2005/06/29 — 2006-12-06
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For wishful thinkers appeals court decisions are painful
Wishful thinkers are relying on the good graces of the courts of appeal and the supreme court to overturn the draconian effects of SB 899. In particular, the new rules on apportionment and the new permanent disability schedule. They took heart in the WCAB decision in Scheftner which said that SB 899 did not apply to cases in which discovery was closed pending trial. In the recent decision, Marsh v. WCAB, the Fifth Disctrict Court of Appeals puts another nail in the lid of the coffin burying pre-existing benefits for injured workers. In Marsh, the injured worker's case had been tried and a decision issued. The employer's petition for reconsideration opened the case to SB 899 and the new apportionment rules. The clear ruling of Marsh says that SB 899 apportionment applies to all cases that have not had their writ of review denied by the Court of Appeals. The effect of this decision will be to grind all pre-SB 899 cases to a halt pending further medical reports. It also confirms the facts of the situation for the wishful thinkers. SB 899 represents, depending on your perspective, a political solution to cut workers compensation benefits in every area, medical treatment, temporary and permanent disability benefits, and by any means. The Court of Appeals has recognized this legislative intent and has determined to carry it out. Those practioners hoping that the courts will overturn the new permanent disability schedule had better hold off on making down payments on new California real estate. Their cash flow is definitely going to suffer along with the injured workers. > posted by Charles Wear > 6/29/05; 6:05:06 AM |