Without procedural access to meaningful cross-examination of a denial of care reviewer Labor Code 4610 et. seq., violates the constitutional right to due process. Under the federal Constitution, “[procedural due process imposes constraints on governmental decisions which deprive individuals of liberty or property interest within the meaning of the Due Process clause of the Fifth…Details
Is The Workers Compensation Permanent Disability Statute Labor Code Section 4660 Unconstitutional Because It Violates Due Process?
The combination of a vague statute (that clearly states it can be rebutted) and the administrative failure to clarify it’s meaning by regulation, has left California’s seriously injured workers in a quandary of not being able to rebut the schedule when their loss of earning capacity greatly exceeds what results from the application of the…Details
By Marc Lifsher, Los Angeles Times April 12, 2012 SACRAMENTO — The two biggest players in California’s workers’ compensation system — labor unions and large employers — are quietly crafting the biggest overhaul of the mandatory insurance program in a decade. The goal: provide more care to injured workers without raising premiums for businesses. The…Details
A waitress carrying a tray of food slips on a loose tile, falls and creaks here wrist; she is out of work for three months. A maintenance worker changing a light bulb falls off a ladder and is paralyzed, never to work again. A loading-dock worker is run over by a forklift and killed. All…Details