News
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Court of Appeals Rules for Injured Workers
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First good break since 2004
By Richard Felton, Esq.
The last two years have been a disaster for California’s injured workers: Temporary Disability benefits have been limited to two years; most employees have lost the right to choose their own doctor; the complicated utilization review process denies treatment to many workers; and Permanent Disability benefits have been slashed, even for the most severely injured.
Our law firm has helped lead the fight to return some justice to the Workers’ Compensation system since the current assault began with Gov. Arnold Schwarzenegger’s so-called “reform.”
In June, injured workers received their first good news in two years when the District Court of Appeals sided with them on how to calculate the effect of prior disability awards.
The Schwarzenegger law changed the rules of apportionment – the ability to reduce Permanent Disability awards for prior disabilities – to make it easier for employers to cut Workers’ Compensation costs.
The Court of Appeals, however, ruled in both the Dykes and Nabors cases that workers should receive an award based on their overall percentage of disability, deducting only the money paid for an earlier award.
Under the old law, an employer could pay less compensation by splitting the amount of disability into separate awards. Thanks to the Court’s new interpretation – and because awards rise progressively for higher percentages of Permanent Disability – seriously injured workers will receive more benefits.
The Dykes and Nabors cases are small but encouraging victories in the larger fight against unjust Workers’ Compensation laws.
Given the additional complexity and changing interpretation of the new law, it is more important than ever for employees to contact an experienced Workers’ Compensation attorney as soon as possible in the event of an injury.
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