California: What Constitutes an Ex-Parte Communication Post-Alvarez?

There have been a number of cases decided by the Workers’ Compensation Appeals Board (WCAB) dealing with Labor Code Section 4062.3 and what constitutes a prohibited ex parte communication with a Panel Qualified Medical Evaluator (PQME). Though many thought the Court of Appeal’s decision in...

California: WCAB Panel Allows Report of Non-Examining Panel QME in Contribution Proceeding

In Chirinos v. Heartwood Cabinet , No. ADJ2087163, the WCAB panel found that the applicant’s failure to submit to a physical examination by the panel QME did not render the panel QME’s reports inadmissible for purposes of this contribution proceeding, and that the Arbitrator did not err in...

Cal. Comp. Cases January Advanced Postings (1/6/2012)

Here’s the first batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes. Roxanna Ortiz , Petitioner v. Workers' Compensation Appeals Board, One Source, PSI, adjusted by ESIS, Respondents , 2011 Cal. Wrk. Comp. LEXIS...

California: Another Nuance to Treatment Outside of the Medical Provider Network

There have been many cases as of late dealing with Medical Provider Network (MPN) issues. Valdez v. Warehouse Demo Services (2011) 76 Cal. Comp. Cases 970 held that treatment reports obtained by physicians outside of the defendant’s MPN were not admissible and defendant was not liable for the cost...

Lien Claimant’s PQME Reports Admitted Into Evidence: Cal. Comp. Cases February Advanced Postings (2/10/2012)

Here’s the second batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summaries. County of Mendocino, PSI, Petitioner v. Workers' Compensation Appeals Board, City of Willits, PSI, Aaron...

Neutral Risk Doctrine Applied to Render Claim Compensable: Cal. Comp. Cases March Advanced Postings (3/14/2012)

Here’s the next batch of advanced postings for the March 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Kyong Hee Lee, Se Hyung Lee, individually and dba South...

California: Court of Appeals Publishes Valdez Reversal Opinion

The Second District Court of Appeal has ordered publication of its decision in Valdez v W.C.A.B . which reversed the W.C.A.B. en banc ruling that medical reports obtained by applicants pursuant to Labor Code § 4605 were not admissible. Thus, the Court of Appeal decision now becomes citable authority...

California: When to Object to a Treating Physician’s Permanent Disability Determination

Lexis.com subscribers can link to the cases and statutes cited below. California Labor Code Section 4062 provides that if either party objects to a “medical determination” made by the treating physician concerning any medical issues not covered by Labor Code Section 4060 or 4061 and not...

California Workers’ Compensation Reform SB 863 Analysis: Medical Treatment Provisions (9/7/2012)

The following analysis is based on the 8/30/2012 amended version of SB 863: SB863, widely lauded as the “new and improved” workers’ compensation reform package passed both the houses of the legislature on Friday, August 31 and is now on the Governor’s desk waiting to be signed...

California Workers’ Compensation Reform SB 863 Analysis: Medical Treatment Provisions (9/7/2012)

The following analysis is based on the 8/30/2012 amended version of SB 863: SB863, widely lauded as the “new and improved” workers’ compensation reform package passed both the houses of the legislature on Friday, August 31 and is now on the Governor’s desk waiting to be signed...

California: Supreme Court Affirms COA in Valdez

The Supreme Court has issued its long awaited ruling in the W.C.A.B. en banc decision (titled Valdez v W.C.A.B . in the Appellate Courts) regarding the admissibility of medical reports obtained by applicants under Labor Code § 4605. The W.C.A.B. in its decision had rule such reports to be not admissible...

California Workers' Comp Case Roundup (12/1/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 11 November 2013 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 2013 LexisNexis. All rights...

Valdez: Have Opinion Need Case

Overlooked in the aftermath of the Supreme Court decision in Valdez v WCAB 2013 Cal. LEXIS 8902 (Cal.) issued on November 14, 2013, in which the Supreme Court and before that, the Court of Appeals , rejected the WCAB’s attempt to impose an exclusionary rule barring all medical reports obtained...

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...