Calif. Supreme Court Rejects Third Lawsuit Against Workers’ Comp Issues

Yesterday, the California Supreme Court denied the writ of mandate in a case filed by a group sponsored by the California Applicant Attorneys’ Association, the American Insurance Association reported today. The case challenged the permanent partial disability regulations promulgated by the California Division of Workers’ Compensation.

“Once again the Court made the right decision. It is time for the CAAA to understand that they are no longer the prime beneficiaries of California’s workers’ compensation system,” said Ken Gibson, AIA vice president, Western Region.

“These regulations are designed to bring objectivity to the disability rating process in California and get injured workers back on the job. The reforms are working. Despite the legal challenges to the regulations, insurers have filed four consecutive rate decreases,” continued Gibson.

“On average, rates have decreased more than 30 percent since July 2003. The proper place for disputes with the regulations is with the Workers’ Compensation Appeals Board, not in the courts,” Gibson concluded.

The case is v. Division Of Workers Compensation, Case No. S134236, Supreme Court of California.