MICHAEL SULLIVAN & ASSOCIATES BLOG

Labor Code § 4062.2 establishes the procedure for selecting a qualified medical evaluator (QME) when an employee is represented by an attorney. Pursuant to LC 4062.2(c), each party has 10 days from assignment to strike a doctor from a panel, a period extended by the mailbox rule. (Messele v. Pitco Foods, Inc. (2011) 76 CCC 956 (appeals board en banc).) It adds that if a party fails to timely exercise a strike, "[T]he other party may select any physician who remains on the panel to serve as the medical evaluator."

Here’s a look back at some of the great moments MS&A had in March! From team-building fun to reconnecting with colleagues at industry events, it was a month full of connection and creativity. Check out the photos below to see how our teams came together to learn, grow, and unwind!

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When an employee is injured during the course of employment due to the negligence of a third party, the worker may file a workers' compensation claim against the employer and a civil claim for damages against the responsible third party. An employee is entitled to workers' compensation benefits regardless of whether he or she or the employer was negligent in causing the injury. In the civil courts, however, comparative negligence applies, "the fundamental purpose of which shall be to assign responsibility and liability for damage in direct proportion to the amount of negligence of each of the parties." (Li v. Yellow Cab Co. of California (1975) 13 Cal. 3d 804, 829.)

February was a busy month for the MS&A team! We gained valuable insights at the 2025 PARMA Conference in Anaheim, connected with amazing people at the VICA Crab Feed, and enjoyed time with friends and colleagues at the EWC&R Conference. We also had the privilege of attending the John M. Langston Bar Association of Los Angeles’ 48th Annual Installation & Scholarship Awards Gala—an inspiring evening!

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Video evidence is admissible in workers' compensation proceedings. Generally, it's obtained by a defendant after an applicant reports an injury and the defendant questions the applicant's credibility. This type of evidence can be called surveillance evidence or sub rosa evidence, and the parties often dispute when it must be produced.

The issue was addressed long ago in Downing v. City of Hayward (1988) 16 CWCR 76 (panel decision). In that case, the applicant's attorney objected to allowing his client's deposition because the defendant had failed to disclose whether or not it possessed surveillance films of him, and if it did, because it had failed to provide them to the attorney. Downing held that a defendant not only is not obligated to show any surveillance films prior to an applicant's deposition, but that it's also not obligated to disclose whether or not such films in fact exist. The WCAB explained:

It’s time for the January Rhino Round-Up!

January was a busy and exciting month for MS&A! From attending top industry conferences to hosting office meetings across our California locations, we kicked off 2025 with collaboration, learning, and connection.

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Pursuant to Labor Code § 5500.5(a), liability for a cumulative trauma (CT) injury is limited to the employer(s) that employed the worker during the one-year period immediately preceding the date of injury (LC 5412, or the last date of injurious exposure, whichever occurs first. That means multiple employers or insurers can be liable for a CT injury.

For cases in which multiple defendants have liability for a CT claim, LC 5500.5(c) allows the applicant to elect against any one or more of them. If the applicant makes an election against a defendant, he or she is required only to prove the claim against the named defendant. Liability for the nonelected defendant isn't determined until supplemental proceedings are instituted. Only the elected defendant has complete discovery rights, and the rights of nonelected defendants are deferred to contribution proceedings.

It’s the December Rhino Round-Up!

Last month was filled with unforgettable events, including the annual MS&A Holiday Party, festive gatherings at our regional offices, and holiday celebrations hosted by AAWCP, EWC&R, and AWCP. A heartfelt thank you to everyone who made this season so special. Here’s to carrying this spirit of connection and collaboration into 2025!

If you'd like to join MS&A at one of our upcoming events, just follow us on one of our social media channels--we're on LinkedIn, Instagram, and Facebook. We'd love to have you attend one of our events!