Last week was a busy one for attorneys representing the losers in three significant workers' compensation cases. They've all now filed formal appeals.
• Weiner v. Ralphs Co. -- regarding the ramifications of the vocational rehabilitation repeal, effective January 1st of this year.
This was the en banc WCAB decision which held that no benefits were due unless an Award for voc. rehab was issued prior to the repeal date.
The case has now been appealed to the Second District Court of Appeal (petition for writ of review).
To read our earlier article and the now-appealed opinion, CLICK HERE.
• Beverly Hilton v. WCAB (Boganim) -- regarding a slightly different aspect of the voc rehab repeal statute.
This was a published decision from the Second District which ruled that if an appeal was pending at the time of the repeal date this was enough to render the Award for voc. rehab NOT final and thus too late for benefits.
This case has now been appealed to the Supreme Court.
To read our earlier article and the published opinion, CLICK HERE.
• Ogilvie v. . City and County of San Francisco (Ogilvie II) -- about whether the Rating Schedule for permanent disability can be rebutted, and if so how.
This was a "re-reconned" en banc decision by the WCAB.
This opinion is now on appeal with the First District (petition for writ of review).
To read our earlier article and the opinion, CLICK HERE.
WorkInjury.com will of course keep you advised of the progress of these three appeals.
