Supreme court denies review in Guzman work comp case

By CMTA Staff

Capitol Update, Nov. 18, 2010 Share this on FacebookTweet thisEmail this to a friend

Last week the California Supreme Court declined to review the 6th District Court of Appeal decision in the Milpitas USD vs. W.C.A.B. (Guzman) decision.  The Supreme Court’s action leaves standing the Appellate decision issued in August of 2010, making the rebuttal of the AMA guides permissible.

Still pending is the defendant’s appeal in the 2nd prong of the Almaraz Guzman W.C.A.B. en banc decisions in the 5th Appellate District.  That Court has yet to indicate if it will consider the defendant’s request for a hearing.  A contrary opinion will need to be issued from that district to keep the case open.  In the event of a contrary decision, the Supreme Court would likely have to step in by granting a request for review to decertify the 5th District opinion to reconcile conflict in case law.

These pending court decisions will continue to create uncertainty in California's Workers’ Compensation system.  Earlier this year the non-partisan Legislative Analyst's Office concluded that these rulings could lead to increased benefits for workers and higher costs for businesses and governments.  As they currently stand, the decisions might result in changes in PD ratings, increased incentive for litigation and decreased uniformity in determining PD.

California currently has the 5th most expensive premiums in the country at $2.68 per $100 in payroll according to the Oregon Department of Consumer and Business Services.

CMTA continues to work to protect the 2004 workers’ comp reforms and keep future systems costs from increasing.

Read more Workers' compensation articles

Capitol updates archive 989898989