B. Valdez, Ogilvie III & Guzman III: A Perfect Trifecta from the Courts of Appeal - Updated June 21, 2012

With Guzman-III and Ogilvie-III, what impact will Valdez have on Claim’s Administration, Litigation and Resolution? This is the 2nd time the Dissenting Opinion of Commissioner Caplane has become the Opinion of the Appeals Court. Rising medical and benefits costs have the potential to accelerate given this latest decision. Ogilvie & Guzman increased medical and legal costs measurably greater than the aggregated benefits an injured worker has received from those decisions. As a community, we once had a multitude of professional opinions on issues.  Now we get the same ‘feed-line’ via blogs, newsletters, classes and seminars, carefully dancing around the real issues -the true impact of these decisions on the cost to both employers & employees (legal disputes rarely benefit employees).  As members of the workers compensation community, we should openly discuss the risks of issues that concern us and ask challenging questions of the potential impact of our court decisions and the DWC decisions by the AD.

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