DEALING WITH A FIFTH AMENDMENT ROADBLOCK

Federal Insurance v. WCAB (Shemet) (2018) 83 CCC 895 involved a denied CT claim by a CAD operator. At trial, the applicant refused to answer any questions under the Fifth Amendment (right against self-incrimination) about his other job as a marijuana farmer, even though he previously admitted having the business when testifying at his deposition. The WCJ followed the opinion of the orthopedic PQME in determining both jobs caused the overall disability. Defense appealed based upon denial of due process when the applicant refused to answer any questions about the marijuana business.

The defendant's petition was denied because the defense made little effort to actually exercise its due process rights by: 1) Not making an offer of proof as to what questions the defense wanted to ask the applicant; 2) Not deposing the orthopedic PQME about the farming activities; and 3) Not offering the applicant's deposition testimony into evidence. [ COMMENT: Case is instructive as to some of the actions the defense could have taken to address the farming activities notwithstanding the applicant's refusal to testify.]

CA WANTS TAX SAVINGS INFO

The California Department of Insurance (CDI) believes the recent decrease in the federal corporate tax rate should allow carriers to decrease their insurance rates to the benefit of consumers. Therefore, the CDI issued a new order on July 2, 2018 that every insurer licensed to write workers' compensation policies in California must report their annual federal income tax savings and explain to what extent the savings may have impacted upon their premium rates.