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About Sullivan on Comp

Sullivan on Comp books

Your California workers' compensation law resource

"Sullivan on Comp" is the most comprehensive treatise available on California workers' compensation law. The material is explained thoroughly yet in a straightforward style. It is written for attorneys, claims adjusters, employers and anyone else that needs current, complete, and easily accessible information on this body of law.

The online host of the entire work is in partnership with WorkCompCentral. Content is produced by Michael Sullivan & Associates LLP.

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Featured White Paper: Your Complete Guide on SB 863

Like its predecessor, "Special Report: A First Look at SB 863," this white paper will review the specifics of the reform.  It will discuss how the law has evolved since SB 863, highlight the legal issues that have been decided, the ongoing legal issues and new legal issues.  It discusses areas that still require legal development.  Where appropriate, it advises on how to deal with ambiguities in the law.

Download Now

Special Report: SB 863 Two Years Later

Meet The Authors

Michael W. Sullivan, Esq.
Michael W. Sullivan General Managing Partner
Michael Sullivan & Associates LLP

Mr. Sullivan formed Michael Sullivan & Associates in 1996 as an aggressive workers' compensation defense firm. It has grown rapidly to include attorneys practicing in six offices throughout Southern California. Mr. Sullivan is a bar-certified Specialist in Workers' Compensation Law.

In 2011, Mr. Sullivan, as lead author, published "Sullivan on Comp," a 12-volume comprehensive, objective treatise on California workers' compensation law. It is read by the legal, insurance and medical communities, as well as by employers keen to stay abreast of the law. The dynamic book series is updated monthly.

Mr. Sullivan regularly conducts seminars and webinars, and co-authors white papers on significant topics in workers' comp law. Recent publications include "An Analysis of the New Regulations Regarding Disputes Over Medical-Legal Expense and Medical Treatment," and "Special Report: A First Look at SB 863." He also speaks regularly at professional conferences including the California Coalition on Workers' Compensation, the Association of Insurance Professionals and the Public Agency Risk Managers Association.

Before starting his own firm, Mr. Sullivan practiced workers' compensation defense in Los Angeles, handling a full caseload of workers' compensation litigation resulting in a 95% trial victory rate.

Mr. Sullivan received his Juris Doctor degree from the University of California Hastings College of the Law, where he served an externship with a federal judge, and an internship with the California Department of Industrial Relations. He received his undergraduate degree, magna cum laude, from Loyola Marymount University in Los Angeles, where he was a member of Alpha Sigma Nu scholastic honors society.

Sure Log, Esq.
Sure Log Of Counsel
Michael Sullivan & Associates LLP

Mr. Log, of Counsel, is a specialist in workers' compensation defense and related labor law issues. He analyzes files for litigation and settlement, conducts research, reviews records to facilitate completion of discovery and drafts a variety of documents, including trial and appellate briefs. He was instrumental in a 2009 case that ended vocational rehabilitation in California.

Mr. Log prepares seminar material and co-authors white papers on significant topics in workers' comp law, including "An Analysis of the New Regulations Regarding Disputes Over Medical-Legal Expense and Medical Treatment," and "Special Report: A First Look at SB 863," about the 2012 legislation's wide-ranging changes to the state's workers' compensation system.

Mr. Log is also Co-Author of "Sullivan on Comp," a 16-chapter objective analysis of California workers' compensation law.

Before joining Michael Sullivan & Associates, Mr. Log was an Associate Attorney at the Law Offices of Steven M. Sion in Los Angeles, where he defended employers, insurance carriers and public entities in all aspects of workers' compensation cases.

He served as Law Clerk for both the Office of the Colorado Attorney General and the U.S. Attorney's Office for the District of Colorado.

Mr. Log received his Juris Doctor degree from the University of Colorado, Boulder, where he was an Associate Editor of the University of Colorado Law Review, and the lead advocate on the winning team of the Rothgerber Moot Court Competition. He received his undergraduate degree, magna cum laude, from the University of Colorado, Boulder, where he was a member of Phi Beta Kappa.

Mr. Log speaks Teochew, a Chinese dialect.

David Chetcuti
David J. Chetcuti Workers' Compensation Claims
Consultant and Instructor

David J. Chetcuti is a WCCP- and BPPE-accredited professor of California Workers' Compensation Insurance Law. He has taught the subject at several colleges and universities throughout the state.

Professor Chetcuti has also partnered with Mr. Sullivan in conducting seminars and consulting with several clients. He was asked to contribute to "Sullivan on Comp" because he is someone who thinks deeply about the law, and has unparalleled knowledge of the workers' compensation field.

What's Included

What's Covered:

Chapter 1: California System

Industrial RevolutionCivil Liability SystemEarly California LawsDevelopment of LawPurpose of Workers' Compensation LawsAvailable BenefitsCalifornia ConstitutionLabor Code and Affiliated StatutesCode of RegulationsLiberal Construction of StatutesLevels of AuthorityAdministration and AdjudicationDepartment of Industrial RelationsPowers of Division of Workers' CompensationAdministrative DirectorAdministrative UnitsCourt AdministratorWorkers' Compensation Appeals Board - CommissionersWorkers' Compensation Appeals Board - Judges Resources

Chapter 2: Jurisdiction and Subrogation

WCAB Jurisdiction - In GeneralWCAB - Exclusive JurisdictionWCAB - Concurrent JurisdictionJurisdiction Over Out-of-State InjuriesState Versus State JurisdictionState Versus Federal JurisdictionExclusive Remedy RuleStatutory Exceptions to Exclusive Remedy RuleJudicially Created Exceptions to Exclusive Remedy RuleExceptions to Exclusive Remedy Rule for Conduct Outside Compensation BargainExceptions to Exclusive Remedy Rule for Violations of Public PolicyExceptions to Exclusive Remedy Rule for Economic and Contract DamagesExclusive Remedy - Dual CapacityEffect of SettlementCivil Remedies Against Co-EmployeesCivil Claims by Dependents and Other Third PartiesCivil Remedies Against Parent CorporationsCivil Remedies Against Third PartiesFirefighter's RuleSubrogation - Civil SuitsSettlement of Third-Party SuitsEmployer Credit for Civil RecoveryCredit Rights - Employer NegligenceIndemnification of Third PartiesThird-Party Suits - Attorneys' FeesWCAB Jurisdiction - Insurance Contracts

Chapter 3: Business of Insurance

Securing Payment of CompensationInsurance AlternativesLimited Coverage - By LawLimited Coverage - By ContractCarve-OutsState Compensation Insurance FundBuying Private InsuranceRegulation of InsuranceCancellation of InsuranceSafety and Loss Control ServicesPrinciples of Insurance PremiumsWCIRB - Insurance Rating BureauWCIRB - Insurance PremiumsWCIRB - Modifying and Reducing RatesWCIRB - Insurance Coverage RecordsWCIRB - Website to Determine Insurance CoverageSelf-Insurance - In GeneralSelf-Insurance - Qualifying Requirements and Application ProcessSelf-Insurance - Claims AdministrationSelf-Insurance - RegulationSelf-Insurance - Self-Insurers' Security FundSelf-Insurance - Public Self-Insured EmployersSelf-Insurance - Group Self-InsuranceSelf-Insurance - Hearing and Appeal ProceduresIllegally Uninsured EmployerPenalties Against Uninsured Employer - Civil ProceedingsPenalties Against Uninsured Employer - Compensation ProceedingsPenalties Against Uninsured Employer - Criminal ProsecutionPenalties Against Uninsured Employer - Stop OrdersPenalties Against Uninsured Employer - Civil PenaltiesSpecial Provisions for Failure to InsureUninsured Employers Benefits Trust FundCalifornia Insurance Guarantee Association - Insolvent InsurersCalifornia Insurance Guarantee Association - Coverage LimitationsEmployer - Duty to Report InjuryClaims Administration - OverviewClaims Administration - Standards for Claims AdjustersClaims Administration - Record-Keeping RequirementsClaim File Reserves - In GeneralClaim File Reserves - EstablishingClaims Practices - State AuditsMedicare Conditional PaymentsMedicare, Medicaid and Schip Extension Act of 2007 Reporting RequirementsInsurer's Duty to DefendEmployer Versus InsurerFraud - In GeneralFraud - ReportingFraud - Fraud Division and Special Investigation UnitLimitations on AdvertisingIllegal Referrals

Chapter 4: Employment

Employment - In GeneralEmployer - DefinedSponsor - Not an EmployerEmployee - DefinedEmployee - Under AppointmentEmployee - Under ApprenticeshipEmployee - Under Contract of HireEmployee - In Service of EmployerEmployee - Lawfully or Unlawfully EmployedPresumption of Employee Status and Burden of ProofAppeals Board Findings on Employee StatusJudicially Defined EmployeesPre-Employment and Post-Employment InjuriesStatutorily Included EmployeesAliensMinorsPaid Public OfficersOfficers - Private CorporationsResidential EmployeesMembers of Partnerships and Limited Liability CompaniesState Department of Rehabilitation TraineesIn-Home Domestic Supportive Service ProvidersIndividuals Creating Commissioned Work of AuthorshipState Prison InmatesCity and County InmatesJuvenile Court WardsLaw Enforcement OfficersFirefightersStudent TraineesEnrollees in Economic Opportunity ProgramsDisaster Service WorkersCalifornia National Guard MembersState Military Reserve MembersStatutorily Excluded EmployeesFamily MembersVolunteersParticipants in Amateur Sporting EventsOfficials for Amateur Sporting EventsOut-of-State Law Enforcement OfficersOwner-Builder Participating in Mutual Self-Help Housing ProgramSubscription WatchmenIndependent ContractorContractor Licensing RequirementsFederal EmployeesElection of CoverageWorkers Covered by ElectionMultiple Employment SituationsConcurrent EmploymentJoint EmploymentGeneral and Special EmploymentDual Relationship with EmployerSelf-Employment

Chapter 5: Injury

Injury - DefinedHealth-Care Worker - Blood-Borne DiseaseAggravation of Pre-Existing, Nonindustrial Disease or ConditionSpecific InjuryCumulative InjuryDefining Multiple Injury DatesCumulative Injury - LiabilityContribution Among DefendantsOccupational DiseaseOccupational Disease - Special CasesConditions for CompensabilityPresumption of Injury - 90-Day RulePresumption of Injury - Public Employees in GeneralPresumption of Injury - Public Employees' Covered ConditionsStatutory Defenses to InjuryIntoxicationSelf-Inflicted InjurySuicideInitial Physical AggressorInjury Resulting from Criminal ActivityOff-Duty Recreational ActivitiesPost-Termination DefensePsychiatric Injury - In GeneralPsychiatric Injury - Predominant Cause and Actual Events of EmploymentPsychiatric Injury - Six-Month RulePsychiatric Injury - Post-Termination ClaimsPsychiatric Injury - Good-Faith Personnel ActionJudicial Rules, Doctrines and GuidelinesBefore Hiring and After TerminationGoing and Coming RuleWages or Travel Expenses Paid During Travel TimeTransportation Controlled by EmployerRegular Place of EmploymentWearing Uniform During TravelSpecial Mission - Special ErrandTransporting Work Tools or SuppliesHome as Second Job SiteCommercial Traveler RuleDeviation from DutiesMixed Business and Personal Purposes - Dual Purpose RuleEmployer's Premises - Premises Line RuleOn-Premises Injuries to Off-Duty EmployeesSpecial Risk - Zone of DangerAssaults by NonemployeesMysterious DeathPersonal Comfort DoctrinePerformance of Work - Unauthorized MannerBreak-Time InjuriesHorseplay - SkylarkingBunkhouse RuleActs of GodCompensable Consequence InjuriesAOE/COE Doctrines in Civil Cases

Chapter 6: Statutes of Limitations

Statutes of Limitations - In GeneralRequired Notices for Employer and EmployeePre-Injury NoticesDuty of Employee to Report InjuryPost-Injury NoticesFiling the Claim Form and Effect on RightsDenial LetterCommencement of ProceedingsOne-Year Statute of LimitationsOne Year from Date of InjuryOne Year from Last Provision of BenefitsEstoppel to Plead Statute of LimitationsEstoppel Based on Failure to Provide NoticeEstoppel Based on Misrepresentation or MisconductTolling Statute of Limitations for Civil ClaimFive-Year Statute - Original JurisdictionFive-Year Statute - Continuing JurisdictionDisability Awarded After Five YearsFive-Year Statute - Reopening for Good CauseReopening Compromise and ReleaseReopening for Fraud After Five YearsEstoppel and Five-Year StatuteContinuing Jurisdiction to EnforceStatute of Limitations as Affirmative Defense and WaiverTolling While Under Submission to Information and Assistance OfficerExtension of Time for Special CasesClaims Against Multiple EmployersDoctrine of LachesRelaxed Restrictions for Filing Documents Subject to Statute of LimitationsStatute of Limitations for Claims Against Subsequent Injuries Benefits Trust FundStatute of Limitations for Claims Under LC 132aStatute of Limitations for Claims of Serious and Willful MisconductStatute of Limitations for Death BenefitsStatute of Limitations for Asbestos-Related DeathStatute of Limitations for HIV-Related DeathStatute of Limitations for Filing LienStatute of Limitations for Contribution from Co-DefendantsStatute of Limitations for Penalties Under LC 5814Statute of Limitations Worksheet - Original Jurisdiction

Chapter 7: Medical Treatment

Medical Benefits - OverviewScope of Care - Cure or RelieveScope of Care - Applied CasesHome Health CareReasonable Expenses Incidental to TreatmentTreatment by Authorized PhysicianPrimary Treating PhysicianNo Apportionment of Medical CareStatutory Limitations on TherapyJudicial AwardsDuty to Provide Care ProactivelyTreatment Before Notice of InjuryUtilization Review and Independent Medical Review - HistoryUtilization Review - Medical Treatment Utilization ScheduleUtilization Review - Establishing the PlanUtilization Review - Delay Due to Threshold IssuesUtilization Review - Requests for AuthorizationUtilization Review - Time LimitsUtilization Review - ProceduresIndependent Medical Review - When to UseIndependent Medical Review - Requirements of Review OrganizationIndependent Medical Review - Form, Time Limits, Submission and FeesIndependent Medical Review - ProcessIndependent Medical Review - Appeal and Implementation of DeterminationsUtilization Review and Independent Medical Review - Administrative PenaltiesMedical Control - History and General ConceptPredesignation of Treating PhysicianMedical Control If There Is No Established NetworkPetition for Change of Primary Treating PhysicianEmployer's Neglect or Refusal to Furnish Medical CareMedical Provider Network - Establishment and MaintenanceMedical Provider Network - Notice RequirementsMedical Provider Network - Dispute ResolutionMedical Provider Network - Escaping the NetworkMedical Provider Network - Transfer of CareMedical Provider Network - Investigation, Discipline and Administrative PenaltiesEmployee's Unreasonable Refusal to Accept Medical CareMedical Control Through Health-Care OrganizationsProhibition Against Rescinding or Modifying Authorized Medical TreatmentPharmacy Benefit NetworkPayment of Medical Expenses - OverviewSubmission of Bills and Employer's ResponseSecond ReviewIndependent Bill Review - Scope of ApplicationIndependent Bill Review - Fee, Time Limits and FormIndependent Bill Review - ProcessIndependent Bill Review - Determination and AppealLimited Reimbursement from EmployeeMedical Expense - Prohibited ReferralsMedical Providers Operating Under Fictitious NameOfficial Medical Fee ScheduleMedical Fee Schedule - ExceptionsAllowable Charges Under Official Medical Fee Schedule

Chapter 8: Compensation Rate

Average Weekly Earnings - OverviewBenefits Included in Calculation of Average Weekly EarningsStatutory Limitations on Average Weekly EarningsTemporary Total Disability After Two YearsMethods for Calculating Average Weekly EarningsAverage Weekly Earnings - Full-Time JobAverage Weekly Earnings - Multiple EmployersAverage Weekly Earnings - Irregular EarningsAverage Weekly Earnings - Earning CapacityAverage Weekly Earnings After RetirementSpecial Categories of EmployeesDiscovery of Average Weekly EarningsDisputes About Average Weekly EarningsAdmissions and Stipulations on Average Weekly EarningsComputing Benefits from Average Weekly Earnings

Chapter 9: Temporary Disability

Temporary Disability - DefinedQualifying Criteria for BenefitsTemporary Disability - Total and PartialOdd Lot DoctrineCompensation Rate for Temporary Total DisabilityTemporary Total Disability After Two YearsCompensation Rate for Partial Temporary Disability - Wage LossTime Limits on Payments Before April 19, 2004Time Limits on Payments on or After April 19, 2004Timing of Payment for Temporary Disability IndemnityWaiting PeriodLate Payments - PenaltiesMethod of PaymentTo Whom Benefits Must Be PaidTermination of Liability for PaymentsPetition to Terminate Liability for Temporary Disability IndemnityTemporary Disability for Retired EmployeesTemporary Disability Extended by Nonindustrial ConditionPayment Not Admission of LiabilityCredit for Overpayment of Temporary DisabilityCredit for WagesCredit for Payment of BenefitsCredit for Unemployment Compensation Disability or Unemployment BenefitsCredit for Payment Under Longshore and Harbor Workers' Compensation ActTax Status of Disability PaymentsNo Apportionment of Temporary DisabilityApportionment of Liability for PaymentsOne Year's Salary - Public Safety EmployeesCompensation Paid to School District Employees

Chapter 10: Permanent Disability

Permanent Disability - DefinedPermanent Disability - Partial and TotalPermanent and StationaryPermanent Disability ScheduleDetermining Which Permanent Disability Schedule AppliesExceptions to Application of 2005 Schedule for Medical Reports Indicating Existence of Permanent DisabilityException to Application of 2005 Schedule for Notice Under LC 4061Use of 1997 Permanent Disability ScheduleUse of 2005 Permanent Disability ScheduleUse of 2013 Permanent Disability ScheduleGetting Away from the ScheduleRebutting the Schedule Under Almaraz/GuzmanRebutting the Schedule Under OgilvieApportionment - History and StandardsApplication of New Apportionment StandardsApportionment and Petitions to ReopenApportionment - Pre-Existing Disease or ConditionApportionment - Pre-Existing DisabilityFuentes Rule and BrodieWilkinson Rule and BensonDisability Evaluation UnitFormal Rating DeterminationsSummary Rating DeterminationsConsultative Rating DeterminationsInformal Rating DeterminationsCompensation RatePayment of Permanent Disability IndemnityPenalty for Untimely Payment of Permanent Disability IndemnityForm and Manner of PaymentPayments - DurationCredit for Overpayment of Permanent Disability IndemnitySubsequent Injuries Benefits Trust FundReturn-to-Work Program

Chapter 11: Return To Work

Return to Work - In GeneralVocational Rehabilitation - RepealedSupplemental Job Displacement Benefit - Injuries Before Jan. 1, 2013Supplemental Job Displacement Benefit - Injuries on or After Jan. 1, 2013Supplemental Job Displacement Benefit - Dispute Resolution and AccreditationAdjustment of Permanent Disability Payments for Offer of WorkImportance of LC 132aDiscrimination Under LC 132aBusiness Realities DefensePenalties for Violation of LC 132aJurisdiction of Appeals Board Over LC 132a ClaimsLC 132a Claim Requires Employment RelationshipFiling Petition Under LC 132aLimitations Period for Filing LC 132a ClaimSettlement of LC 132a ClaimsLiability for LC 132a ClaimsFederal and State Remedies for Discrimination Against Injured WorkersAmericans With Disabilities ActDisability Under Americans with Disabilities ActQualified Individual Under Americans With Disabilities ActDiscrimination Under Americans With Disabilities ActAffirmative Defenses Under Americans With Disabilities ActEnforcement of Americans With Disabilities ActRemedies Under Americans With Disabilities ActCalifornia Fair Employment and Housing ActDisability Under Fair Employment and Housing ActQualified Worker Under Fair Employment and Housing ActDisability Discrimination Under Fair Employment and Housing ActReasonable Accommodation Under Fair Employment and Housing ActInteractive Process Under Fair Employment and Housing ActRetaliation Under Fair Employment and Housing ActFailure to Maintain Environment Free from Discrimination Under Fair Employment and Housing ActEnforcement of Fair Employment and Housing ActRemedies for Violations of Fair Employment and Housing ActRes Judicata and Collateral EstoppelJudicial EstoppelEffect of Settlement

Chapter 12: Death Benefits

Death Benefits - OverviewCompensability - Employee DeathAppeals Board Authority to Order AutopsyDependencyIndividuals Who Qualify as DependentsConclusive Presumption of Total DependencyFactual Determination of DependencyAccrued and Unpaid CompensationBurial ExpenseStatutory Death BenefitSpecial Death Benefit for Totally Dependent Minor ChildrenCompensation Rate - Death BenefitsPayments - Manner and FrequencyPayments - Allocation to DependentsDeath of Dependent BeneficiaryPayment to State - No DependentsPayment to Estate - No DependentsSpecial Death Benefits - Public EmployeesNo Apportionment of Death BenefitsDecedent's Settlement of Dependents' Right to Death BenefitsDecedent's Adjudication of Liability as Bar to Dependents' Right to Death BenefitsSettlement of Death BenefitsCommutation of Death BenefitsEmployers' Notification RequirementsStatute of LimitationsAlternate Dispute Resolution - Carve-Outs

Chapter 13: Penalties and Sanctions

Concept of PenaltiesPenalties Under LC 4650Penalties for Untimely Payment of Medical BillsPenalties Under LC 5813Penalties Under LC 5814 - History and PurposeLC 5814 - Rules of PaymentLC 5814 - Unreasonable DelayPrinciples of Reasonable DelayUnreasonable Delay - Duty to InvestigateUnreasonable Delay - Failure to Pay Temporary DisabilityUnreasonable Delay - Failure to Pay Permanent DisabilityUnreasonable Delay - Failure to Pay Medical Treatment BenefitsUnreasonable Delay - Failure to Pay Death BenefitsUnreasonable Delay - Failure to Pay Supplemental Job Displacement BenefitsUnreasonable Delay - Failure to Pay Award or InterestUnreasonable Delay - Failure to Pay LC 132a AwardUnreasonable Delay - Failure to Pay Attorneys' FeesUnreasonable Delay - Failure to Pay Penalty on PenaltiesUnreasonable Delay - Failure to Pay Medical-Legal BenefitsMultiple Penalties Under LC 5814LC 5814 - Pleadings and LimitsAdministrative Penalties for Knowing Violations of LC 5814Penalty for Serious and Willful Misconduct - EmployerPenalty for Serious and Willful Misconduct - EmployeePenalty for Failure to Insure for Workers' CompensationPenalty for Injury to MinorAudit PenaltiesAdministrative Penalties - ScheduleAdministrative Penalties - ProcedureCivil PenaltiesAdministrative Penalties for Violation of Data Reporting Requirements

Chapter 14: Discovery and Settlement

Claims HandlingBenefit NoticesScope of DiscoveryClaim Form and ApplicationService of Medical ReportsWitness Interviews and StatementsInspection of PremisesSubpoena and Subpoena Duces TecumNotice to Appear and Production of Documents on DemandDepositionsSurveillanceDiscovery in Cases of Injury Arising from Sexual MisconductLegal PrivilegesPrivacy - General Privacy Law, HIPAA and CMIAPrivacy of Employees with HIV or AIDSEmployer's Bill of RightsDisputes About DiscoveryConcept of Medical-LegalMedical-Legal Process - HistoryMedical-Legal Process Before Jan. 1, 2005Medical-Legal Process on or After Jan. 1, 2005Medical-Legal Process - Unrepresented EmployeeMedical-Legal Process - Represented EmployeeSecond Opinions on Spinal Surgery - RepealedReporting Under LC 4050Reporting Under LC 4064Appointments and CancellationCommunications with AME and QMETimeliness RequirementsDisclosure RequirementsEvaluation Requirements and RightsReporting RequirementsRestrictions Against Ghostwriting Medical-Legal ReportsService of Comprehensive Medical-Legal ReportsQME Replacement RequestsSubsequent Evaluations and Additional QME Panels in Different SpecialtiesConsultations for Panel QMEsAppointment and Reappointment of QMEsStandards of Conduct for QMEsDiscipline of QMEsDefining Medical-Legal ExpensesPayment of or Objection to Medical-Legal ExpensesMedical-Legal Fee ScheduleCompelling Attendance at Medical ExaminationsResolution by Findings and AwardResolution by Stipulations with Request for AwardFilling Out Stipulated Award PapersResolution by Compromise and ReleaseFilling Out Compromise and ReleaseMedicare Set-AsidesThird-Party Compromise and Release

Chapter 15: Litigation

Welcome to WCABApplication for AdjudicationAmendment and Interpretation of ApplicationAnswer to ApplicationRequirements Under LC 4906(g)VenuePetitions and AnswersService of DocumentsFiling of DocumentsElectronic Adjudication Management System (EAMS)WCAB FileDeclaration of Readiness to ProceedConferences, Trials and OrdersStatus ConferenceMandatory Settlement ConferenceRating Mandatory Settlement ConferenceLien ConferencePriority ConferenceExpedited HearingWalk-ThroughsMandatory Settlement Conference - Legal EffectMandatory Settlement Conference - Close of DiscoveryMandatory Settlement Conference - Raising IssuesMandatory Settlement Conference - StipulationsRequirement to Appear at HearingsContinuancesEx Parte Communications with Appeals Board and JudgesConsolidation of CasesDisqualification and Reassignment of JudgesTrial - In GeneralTrial - Evidence AdmittedTrial - Proceedings and SubmissionRecording of Trial ProceedingsTranscript of Trial ProceedingsEvidence at Trial - Burden of Proof and Statutory PresumptionsEvidence at Trial - Witness TestimonyEvidence at Trial - Necessary Medical EvidenceEvidence at Trial - Substantial Medical EvidenceEvidence at Trial - Weight of Medical EvidenceEvidence at Trial - Effect of StipulationEvidence at Trial - Court-Appointed PhysicianUniform Court ProceduresInformation and Assistance OfficersWorkers' Compensation JudgePro Tempore JudgeUnrepresented EmployeesLegal Representation Before Appeals BoardNonattorney Hearing RepresentativesGuardians ad Litem and TrusteesRemoval of Privilege to Represent PartyContempt in WCAB ProceedingsDismissal of ClaimsVexatious LitigantsLiens - In GeneralLiens - What May Be FiledLiens - Filing ProcedureLiens - Resolution During and After Settlement of Employee's ClaimLiens - Procedure and PaymentLiens - Dismissal for Lack of ProsecutionAttorneys' Fees - In GeneralAttorneys' Fees - Lien Against Employee's CompensationAttorneys' Fees - Paid by EmployerAttorneys' Fees - Paid by Lien ClaimantsAttorneys' Fees - Division Between AttorneysLitigation CostsInterpretersPetitions for CostsArbitrationAlternative Dispute Resolution / Carve-Outs

Chapter 16: Awards and Appeals

Awards and Appeals - IntroductionAward After Trial - Timing, Content and Legal EffectAward - Payment and InterestAward - Options and EnforcementCommutation of AwardGeneral Options for AppealsStanding to File AppealDelaying Benefits During Pendency of AppealSettling Case While It Is on AppealNeed for Final OrderGrounds for Petition for ReconsiderationPetition for Reconsideration ProcessWCAB Action on Petition for ReconsiderationTrial Level Activity Following ReconsiderationReconsideration of Arbitration and Carve-Out DecisionsPetition for Removal - Required ConditionsPetition for Removal ProcessRemoval of Carve-Out and Arbitration Interim OrdersAppellate Review - General StandardsAppellate Review - Time Limits for FilingAppellate Review - Scope and StandardsAppellate Review - Form and ServiceAppellate Review - Responsive PleadingsAppellate Review - Appeal Court ActionPetition to California Supreme CourtCalifornia Supreme Court - Process and Form

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