LexisNexis® Legal Newsroom
California: The Muddied Waters of the QME Panel Strike Process Post-SB 863

When is a strike of a QME timely post-SB 863? Until further clarification is provided, parties should proceed conservatively and strike a QME within the 10-day time period. Selection of Qualified Medical Evaluator Panels has been a frequent topic at many recent expedited hearings. One of those hearings...

Presumption of Employment Applied to Hairdresser: Cal. Comp. Cases May Advanced Postings (4/22/2015)

Here’s the first batch of advanced postings for the May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Chelo's Hair Fashion, Petitioner...

New CWCI Study Looks at Independent Medical Review Outcomes in California Workers’ Comp

A new analysis of independent medical review decisions issued in 2014 suggests that the medical dispute resolution process mandated by the workers’ compensation reform bill enacted in 2012 is working to assure that the treatment provided to California injured worker meets evidence-based medicine...

CWCI Study on Independent Medical Review Outcomes in California: Smoke and Mirrors

There are five kinds of lies—fibs, excuses, lies, damn lies, and statistics. The CWCI "study"from a political standpoint has to say that the UR/IMR process is a "success." A great deal of energy was put into the political process of the members of CWCI and other organizations...

National and State-by-State Workers' Comp News Powered by Larson's (4/27/2015)

Who’s Opting Out of Workers’ Comp: Employers or the States Themselves ? BLS Releases 2013 Census of Fatal Occupational Injuries Counts . Lockton: Red Herrings, Medical Overdiagnosis Impact Large Loss Workers Comp Claims . WCRI Webinar to Cover Regulating Medical Costs & Care...

Applicant’s Impairments Added Rather Than Using Combined Values Chart: Cal. Comp. Cases May Advanced Postings (4/28/2015)

Here’s the second batch of advanced postings for the May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Los Angeles County Metropolitan Transportation...

California: Diagnostic Testing: Is it Medical Treatment or Medical-Legal Expense?

An interesting question arises in whether diagnostic testing constitutes “medical treatment” or a valid “medical-legal” expense. If it’s deemed medical treatment, then it is subject to UR/IMR. Two recent panel decisions illustrate the complexities of this issue. (Publisher’s...

California OMFS: Yet Another Death of the Extraordinary Circumstances Exception Post-2004

A third WCAB panel finds that the extraordinary circumstances exception in the OMFS has died post-2004 In Murphy v. County of Fresno , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s finding that the lien claimant Cedar-Sinai Medical Center was entitled to payment of fees in...

National and State-by-State Workers' Comp News Powered by Larson's (5/4/2015)

DOJ Audit Alleges GEO Group Incorrectly Calculated Workers Comp Insurance . US DOL Proposes Rule to Revise Black Lung Benefits Act . OSHA Issues Final Confined Spaces Rule to Protect Construction Workers . Doctors Banned From Billing Medicare Still Billing State Medicaid Programs . Newsweek...

California Workers’ Comp Case Roundup (5/5/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 4 April 2015 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 2015 LexisNexis. All rights...

Defendant Improperly Terminated Home Health Care Provided Since 2007: Cal. Comp. Cases May Advanced Postings (5/6/2015)

Here’s the third batch of advanced postings for May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Lions Raisins, aka Lions Raisins Packing...

California: New Medical Provider Network Regulations: It's a New Medical Treatment Paradigm

The 2004 workers’ compensation reform package of SB 899 brought about many changes as to how employers were required to provide medical treatment to injured workers. (Publisher’s Note: Citations link to lexis.com; bracketed citations link to Lexis Advance.) The newly created Labor Code...

National and State-by-State Workers' Comp News Powered by Larson's (5/11/2015)

NIOSH, Ohio BWC to Study Impact of Integrating Wellness With OSH Programs . ACOEM/UL Propose New Framework for Integrating Health/Safety Programs in Workplace . U.S. Rep. Refiles Bill to Prevent ICD-10 Implementation . NIOSH Examines Higher Nurse-to-Patient Ratio to Improve Nurse Injury Rates...

Termination Due to Fiscal Reasons as Insufficient Basis to Deny LC 4850 Benefits: Cal. Comp. Cases May Advanced Postings (5/13/2015)

Here’s the fourth batch of advanced postings for May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes. © Copyright 2015 LexisNexis. All rights reserved. City of Bell, PSI, administered by Adminsure, Petitioner...

California: Firefighter Presumption Extension Given Retroactive Effect

The 2nd District Court of Appeals has reversed a W.C.A.B. decision which had refused to apply the presumption of causation for cancer to a firefighter based on the amendment to Labor Code § 3212.1 which became effective after diagnosis but before trial. In Lozano v W.C.A.B ., the dependents of...

Arredondo: Is the Timeliness of the Independent Medical Review Decision Irrelevant?

Has the pendulum swung so far that the emphasis now is completely on the process itself and not the purpose of the process? In Arredondo v. Tri-Modal Distribution Services, Inc. , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the California WCAB, in a split panel opinion, affirmed the WCJ’s finding...

A “Sea Change” in California: Regulatory Implementation of the SB 863 Reforms

AD says IMR gets 30 days to issue a decision after receipt of records, but doesn’t address Arredondo noteworthy panel decision Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter In 2012, California passed into law Senate Bill 863 implementing...

The Evolving Risk of Firefighter Cancer: Toxic New Building Materials and Racial Disparities in Developing Cancer

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Firefighters are a breed apart. From the 9/11 first responders who disappeared into the World...

National and State-by-State Workers' Comp News Powered by Larson's (5/18/2015)

NCCI Gives “Calm” Now, “Turbulent” Later, Outlook for Workers Comp Industry . NCCI Presentation: Complete State of the Line for Workers Comp Industry . NCCI Presentation: Work Comp Implications of On-Demand Economy, Temp Workers . Express Scripts: Half a Million Americans...

California: Due Process – A Constitutional Right

The California WCAB has issued several decisions recently on the topic of “due process.” The term “due process” is a phrase attorneys often fling about in court whenever they want to convey that something “unfair” has occurred. But the term has a very specific meaning...

Injured Worker Deported From U.S. Could Testify Via Skype: Cal. Comp. Cases May/June Advanced Postings (5/27/2015)

Here are the fifth batch of advanced postings for the May 2015 issue and the first batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis...

California: Statute Prohibiting Self-Insurance by Temp Services Employers and Leasing Employers Upheld

A California appellate court has upheld the constitutionality of Labor Code § 3701.9, which generally prohibits temporary services employers (TSE's) and leasing employers (LE's) from self-insuring their workers’ compensation liability. Plaintiffs had contended that the statute violated...

California Supreme Court Rules “Some Contribution” to Causation in Death Case Sufficient for Liability

The California Supreme Court has reversed a Court of Appeal decision which had in turn reversed a W.C.A.B. award of dependency benefits in South Coast Framing v. W.C.A.B. (Clark) .The Supreme Court decision reinstates the W.C.A.B. award of dependency benefits and explicitly rejected the Court of Appeals...

California: South Coast Framing

The recent California Supreme Court case, South Coast Framing Inc. v. WCAB (Jovelyn Clark) clarifies the standard of causation in a workers’ comp death case. In day to day workers’ comp practice the decision will probably be helpful to workers’ comp claimants who are litigating to...

National and State-by-State Workers' Comp News Powered by Larson's (6/1/2015)

NCCI Study Examines Relationship Between Accident Report Lag and Claim Cost . NCCI Posts 2015 Workers Comp Issues Report . GENEX Warns of Security Breach in Workers Compensation . Obama Administration, GOP Seeks Reduction in FECA Benefits . AZ: ICA Posts Latest Maximum Benefit Amounts . ...