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California: W.C.A.B. Rules Non MPN Physician Reports Not Admissible

In a split vote en banc decision, the W.C.A.B. has issued a comprehensive decision addressing one of the issues that have been floating around since the implementation of Medical Provider Networks in 2004. In Valdez v Demo Warehouse the W.C.A.B. held such reports are not admissible either on issues of...

California: What Actions, If Any, Should Be Taken When We Are Still Getting Medical Reports From Out-Of-Network Physicians?

LIVING IN A POST VALDEZ WORLD HOW DO WE DETERMINE WHETHER WE HAVE A DEFENSE? Please recall the WCAB En Banc decision in Valdez v. Warehouse Demo Services/Zurich [ADJ7048296] where on 4/20/11, the WCAB Commissioners, with two partially dissenting opinions, held that where unauthorized medical treatment...

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...

California: Valdez

The wait for a ruling in Valdez is over. The California Court of Appeal, Second District, Division 7 has spoken in Elayne Valdez v. WCAB and Warehouse Demo Services [unpublished] [subsequently certified for publication June 18, 2012]. The Court reversed a WCAB holding that precluded use of reports...

California: Valdez

The wait for a ruling in Valdez is over. The California Court of Appeal, Second District, Division 7 has spoken in Elayne Valdez v. WCAB and Warehouse Demo Services [unpublished] [subsequently certified for publication June 18, 2012]. The Court reversed a WCAB holding that precluded use of reports...

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 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 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...