The Equal Protection Clause and the Payment of Temporary Partial Disability to the Illegal Worker

California Labor Code Section 1171.5 indicates that all protections, rights and remedies are available to all individuals regardless of their immigration status. In Del Taco v. Workers’ Comp. Appeals Board (2000) 79 Cal.App.4th 1437 [ 65 Cal. Comp. Cases 342 ] the California Court of Appeals held...

The Equal Protection Clause and the Payment of Temporary Partial Disability to the Illegal Worker

California Labor Code Section 1171.5 indicates that all protections, rights and remedies are available to all individuals regardless of their immigration status. In Del Taco v. Workers’ Comp. Appeals Board (2000) 79 Cal.App.4th 1437 [ 65 Cal. Comp. Cases 342 ] the California Court of Appeals held...

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...

Does an Employee Have to Obtain a Comprehensive Medical-Legal Evaluation Prior to Disputing a Utilization Review Determination?

In State Compensation Insurance Fund v. Workers' Comp. Appeals Bd. (Sandhagen) (2008) 44 Cal.4th 230 [73 Cal.Comp.Cases 981] (Sandhagen), the California Supreme Court clarified that an employer did not have the option of going through either UR or the QME process in addressing a treatment request...

California: 25 Noteworthy Panel Decisions You Should Know About (July-December 2012)

Here are the publisher's picks for the top noteworthy * panel decisions recently reported in the LexisNexis services. The list is based upon feedback from our consultants about current topics and issues that are of interest to the entire workers’ compensation community. Lexis.com subscribers...

California: 25 Noteworthy Panel Decisions You Should Know About (July-December 2012)

Here are the publisher's picks for the top noteworthy * panel decisions recently reported in the LexisNexis services. The list is based upon feedback from our consultants about current topics and issues that are of interest to the entire workers’ compensation community. Lexis.com subscribers...