California: The Range of Evidence Is Alive and Well

One of the most challenging issues for a Workers’ Compensation Judge (WCJ) is to decide how to weigh medical evidence for the most accurate determination. Which physician’s report is the more credible? Which diagnostic tool is the more accurate? Of the voluminous hospital records, which ones...

National and State-by-State Workers' Comp News Powered by Larson's (6/16/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. US DOL Longshore Division Examines Need for First Payment Notification to District Director . Social Security ALJ Defends...

California: Privilege Rules Clarified by Court of Appeal; Update on Stevens v. W.C.A.B.

The Court of Appeal has ordered publication of a decision which confirms the application of Evidence Code 915 to discovery and privilege issues before the W.C.A.B. The Court had initially ordered the decision, Regents v W.C.A.B. (Lappi) , to not be published, but with multiple requests for publication...

California: Constitutional Challenge to Independent Medical Review: Stevens v. W.C.A.B.

This case summary below is reprinted from California Compensation Cases . Lexis.com and Lexis Advance online subscribers receive daily updates for cases and weekly updates for writ denieds. © Copyright 2014 LexisNexis. All rights reserved. Frances Stevens , Petitioner v. Workers' Compensation...

California: A Hint of Things to Come in WCAB's Re-Review of Dubon?

In Garcia-Picen v. Tight Quarters, Inc., the Appeals Board, in a split panel opinion, held that the WCJ incorrectly determined that the defendant’s UR of a treating physician’s request for authorization to provide viscosupplementation injections to treat an applicant’s 3/16/2012 admitted...

National and State-by-State Workers' Comp News Powered by Larson's (6/23/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Federal Judge Appoints Co-Lead Counsel in AIG Workers Comp Policyholder Class Action Suit . Legal Talk Network Discusses...

Sexual Assault by Co-Worker Not Injury AOE/COE: Cal. Comp. Cases June Advanced Postings (6/25/2014)

Here are the fourth batch of advanced postings for June, and first batch of advanced postings for the July 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved...

California: Lien Claimants’ Notice of Representation Under SB 863

WCAB seeks to rein in the insanity of ever-changing hearing reps and to maintain respect of the judicial process, but does the new rule raise equal protection arguments? Recent noteworthy panel decisions indicate a trend whereby the WCAB is strictly enforcing new Rule 10774.5 ( reprinted in full below...

California: Lien Disallowed for Surgical Hardware Provided to Pacific Hospital of Long Beach

WCAB disallows lien for surgical hardware based on admitted fraudulent activities of Michael Drobot and adverse inferences drawn against lien claimant including failure to produce documents of its ownership interests, fictitious business name statement and licensure In Olivas v. North American Plywood...

National and State-by-State Workers' Comp News Powered by Larson's (6/30/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. More Doctors Reviewing Injured Worker’s Genetic Makeup When Prescribing Drugs . Mark Walls Joins Safety National...

California WCAB Seeks Candidates for Two Staff Attorney Positions

The Workers’ Compensation Appeals Board, Office of the Commissioners in San Francisco, seeks candidates to fill two full time permanent staff attorney vacancies: Industrial Relations Counsel II $6,347 - $8,141 salary plus benefits Industrial Relations Counsel III $7,682 - $9,857 salary plus...

Sanctions for Skeletal and Frivolous Petitions: Cal. Comp. Cases July Advanced Postings (7/3/2014)

Here’s the second batch of advanced postings for July 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Martin Reiner, Petitioner v. Workers'...

California: Top 25 Noteworthy Panel Decisions (January-June 2014)

LexisNexis has picked the top 25 noteworthy panel decisions plus a bonus case issued by the California Workers’ Compensation Appeals Board during the period January through June 2014, many of which have not already been reported in our newsletter. We thank our advisory board members for their...

California: Clearing the Hurdles of Home Health Care Under SB 863: Neri Hernandez En Banc

On June 12, 2014, the Workers’ Compensation Appeals Board (WCAB) issued an en banc decision in Roque Neri Hernandez v. Geneva Staffing, Inc. , 79 Cal. Comp. Cases 682, 2014 Cal. Wrk. Comp. LEXIS 77 . At issue in Hernandez were the Labor Code provisions enacted as part of Senate Bill 863 that limit...

California: Undocumented Worker’s Workplace Discrimination Not Barred by Federal Immigration Law

The Supreme Court of California, reversing an earlier decision by a lower appellate court, held that the federal Immigration Reform and Control Act (IRCA) does not generally preempt either the California Fair Employment and Housing Act (FEHA) nor California's Senate Bill No. 1818, which generally...

National and State-by-State Workers' Comp News Powered by Larson's (7/7/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Sixth Circuit Moves Forward ADA Claim by Employee Denied Telework . CDC Reports Opioid Painkiller Prescribing Varies...

Payroll Company Liable for Temp Worker’s Injuries: Cal. Comp. Cases July Advanced Postings (7/10/2014)

Here’s the third batch of advanced postings for July 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Monarch Consulting, Inc., dba PES Payroll...

California Workers' Comp Case Roundup (7/10/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 6 June 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

National and State-by-State Workers' Comp News Powered by Larson's (7/14/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. WCRI Releases New Edition of Medical Price Index for Workers’ Compensation . More Firefighters Die of Obesity-Related...

Penalty for Abruptly Withdrawing Authorization for Opioid Pain Medication: Cal. Comp. Cases July Advanced Postings (7/16/2014)

Here’s the fourth batch of advanced postings for July 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. County of Riverside, PSI, Petitioner v...

California: Should a Suspended QME Be Able to Write Admissible Medical-Legal Reports?

Recently, the Workers’ Compensation Appeals Board issued a decision in Gary McKinney v. United Parcel Service ADJ6679833 and ADJ8786254, 2014 Cal. Wrk. Comp. P.D. LEXIS --. McKinney was a driver/dockworker for United Parcel Service (UPS). He alleged an injury on August 8, 2008 to his psyche as...

California: WCJ Sounds Off on UR/IMR Process - Loynachan v. County of Los Angeles

In Loynachan v. County of Los Angeles , ADJ7144283, the WCJ held that the applicant, who was permanently totally disabled as a result of a 10/1/2009 industrial injury, was entitled to continue receiving 24 sessions of behavioral psychotherapy each year for his mild traumatic brain and cognitive injury...

California: Utilization Review Decision Defective When UR Delay Notice Signed Only by UR Nurse, Not Licensed Physician

In Newton v. Jack-In-The-Box , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel has issued a notice of its intention to award an applicant medical treatment in the form of aquatic therapy twice per week for a period of four weeks, as prescribed by the applicant’s treating physician. The WCAB...

National and State-by-State Workers' Comp News Powered by Larson's (7/21/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. CDC Publishes National Action Plan for Infertility, Workplace Exposures . CDC Urges Use of Acclimatization as Part of...

California: Appellate Court Broadly Interprets Labor Code Section 5803

In a brief and to the point decision, the 2nd Appellate District has reversed a W.C.A.B. decision that had rescinded an award of increased benefits based upon a Petition to Reopen. The case, Benavides v W.C.A.B ., is one of the briefest opinions on a workers’ compensation issue that this commentator...