State News : California

NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.

NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.  

Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.

Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.




By:  Nathan Geronimo (Associate Attorney - Santa Rosa)

In a recent case, Schaan v. Jerry Thompson and Sons, the Board reiterates the Wilson analysis for whether an injury is "catastrophic" includes an analysis of the nature and severity of the physical injury, without consideration of psychiatric sequelae.  In order to establish a catastrophic injury and entitlement to PD for psyche as a compensable consequence, the Board will look at the following factors:

1) Intensity and seriousness of medical treatment required by injury;

2) the ultimate outcome of employee’s physical injury when employee is permanent and stationary; 

3) impact of injury on activities of daily living (ADLs); 

4) whether injury is analogous to one of injuries specified in Labor Code § 4660.1(c)(2)(B) (loss of limb, paralysis, severe burn, or severe head injury); 

5) if the physical injury is incurable and progressive.

Here, the WCAB found that applicant's seven shoulder surgeries (including replacement on both sides) were not sufficiently “serious and life-threatening” medical treatment, his ADLs were not sufficiently impacted, and his injury was not analogous to those outlined in statute nor was it progressive or incurable.  The psyche symptoms, which were found by the QME to be a compensable consequence of the physical injury, were not considered in the above.

Note: This case has not been designated a significant panel decision and cannot be cited.  

Read more here: