Trial Practice (California) (California)

[steelmanlaw]

It's been a while. does anyone recall the operative labor code/admin rule sections allowing cross x of the rater following trial, especially the time limitations?

[stewshe]

steelmanlaw,

My Work Comp Index, 7th ed., page 668, under “Rating, Permanent Disability,” Contd., (which begins at the top of page 662), states:

• Recommended Rating & time to object: CCR §10602; Hanna §32.05[6][ b ]-[ c ]

....▫ Cross-examination of Rater: Herlick §14.29; CWCLP §§8:51, 8:52

The abbreviation, “CWCLP” is my acronym for California Workers’ Compensation Law &
Practice, which I used to abbreviate “St. Clair.” I changed it in the 7th edition because it now has
contributions from David G. Marcus, Richard L. Newman, Alexander Wong as well as Judge Sheldon C.
St. Clair.

In any event, the time to object is given as 7 days in Title 8 of the Code of Regulations (CCR).

Page 663 has 3 entries under “Cross-Ex of DEU Specialist" with two cases cited, including one
involving the 1/05 PD Schedule and DRE Cat II for the cervical & lumbar spine.

Page 671 concludes the “Rating, Permanent Disability” portion. It is followed by a short entry
from the Insurance Code under “Rating, Premium Calculation....”

The next entry is “Rating, Recommended,” from page 671 through 673. There are a total of 35
paragraphs, sub-paragraphs and sub-sub-paragraphs.

The next edition will not be published until the summer of 2010. Meanwhile I am offering a
discount of $30 off the $119.00 regular price which includes sales tax, shipping, etc.

I ship every Saturday. For further info, e-mail me at stewshe@comcast.net

James T. Stewart

[steelmanlaw]

thank you - as usual, you are a scholar and a gentleman.