Court Denies Writ of Review of Enriquez En Banc Opinion (Air Ambulance Services): Cal. Comp. Cases August Advanced Postings (7/30/2014)

Here’s the first batch of advanced postings for August 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. Zenith Insurance Company, insurer for...

California: WCAB Imposes Difficult Standards for Overturning a UR Decision

The WCAB, in two recent noteworthy panel decisions, has imposed a difficult standard for applicants seeking to overturn a utilization review (UR) decision. Do these decisions signal a policy decision on the part of the Board to limit reversals of UR decisions? In the first panel decision, the WCAB, in...

National and State-by-State Workers' Comp News Powered by Larson's (8/4/2014)

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. U.S. House Passes Bill to Help Boatyards Save on Workers Comp Insurance . NIOSH Provides Free Online Emergency Responder...

CWCI Schedules Online Seminar on New MPN Regs and Other Recent Regulatory Revisions

The California Workers’ Compensation Institute (CWCI) has scheduled an online seminar for Thursday, September 18 to educate workers’ compensation claims and medical professionals, attorneys and other members of the community on revised regulations governing medical provider networks (MPNs...

California: WCAB Applies Neri Hernandez to Home Health Care Services Cases

The WCAB has issued two noteworthy panel decisions involving home health care services in light of Neri Hernandez (en banc). In each of these decisions, which involved critically injured workers, the WCAB has signaled in very strong terms that it will not tolerate a defendant's bad-faith or frivolous...

California: 2004 Stipulation Regarding Future Medical Treatment Disputes Being Referred to AME Could Not Circumvent UR Procedures

But parties not required to follow new IMR process created by SB 863 as change in law does not supersede parties’ prior stipulation In Bertrand v. County of Orange , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel, granting removal and amending the WCJ’s order, determined that the...

California Workers' Comp Case Roundup (8/8/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 7 July 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...

Federal: Worker’s Negligent Infliction of Emotional Distress Claim is Not Barred by Exclusive Remedy Provisions of California Labor Code

Generally, a federal district court must follow any precedent set by its Circuit Court of Appeal, rather than that of an intermediate appellate court in the state whose law is being construed. To illustrate that point, at least under some fact patterns, there is such a divergence between the Ninth Circuit’s...

California: In-Home Caregivers May Not Sue Unruly Alzheimer’s Patients in Tort; Sole Remedy is Workers’ Compensation

The Supreme Court of California, in a split decision, held that in-home caregivers may not maintain civil actions against their Alzheimer’s patients if, because of the sometimes unruly nature of the patients, the caregiver is assaulted and injured in the course of the employment. Acknowledging...

Defendant Gets to Select Interpreters for Depositions It Notices: Cal. Comp. Cases August Advanced Postings (8/9/2014)

Here’s the second batch of advanced postings for August 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. Flavio Solano, Petitioner v. Workers'...

National and State-by-State Workers' Comp News Powered by Larson's (8/11/2014)

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. Temp Labor Market Expected to Grow 7% in 2015 . New DOL Rule on Black Lung Now in Effect as of August 1 . Sixth Circuit...

California: Can a Utilization Review Determination Exceed Its Appropriate Scope?

With respect to the increasing litigation over the UR process, is Dubon really the issue in many of these UR disputes? Utilization Review (UR) has been around for more than ten years now. UR first came into play in 2003 when Governor Gray Davis passed Senate Bill 228 . The following year, on April...

California: Independent Medical Review Appeals: The Shape of Things to Come

Workers’ Compensation Judges are starting to see appeals of IMR decisions where the parties are raising very interesting arguments at conferences and trials. We expect to see quite a few noteworthy panel decisions in the coming months outlining what the WCAB can and cannot do when a party challenges...

National and State-by-State Workers' Comp News Powered by Larson's (8/18/2014)

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. WILG to Honor Steven M. Birnbaum With 2014 Lifetime Achievement Award . Insurers Complain About Sky-High Prices Charged...

Strict AMA Guides WPI of Zero Percent Rebutted in Ortho/Psyche Case: Cal. Comp. Cases August Advanced Postings (8/20/2014)

Here are the second and third batch of advanced postings for the August 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. Bank of America, PSI, adjusted...

California: WCAB Provides Guidance on Addressing Insufficient Utilization Review Documentation

The UR process requires a good faith effort by both the treating physician and the UR physician to assure that the necessary and appropriate information is available In Smith v. Plant Construction , 2014 Cal. Wrk. Comp. P.D. LEXIS –, the WCAB panel rescinded the WCJ’s award of medical...

California: Traps to Avoid When Filing a Petition for Reconsideration

How to avoid the shock of a notice of intent to sanction. A party usually files a Petition for Reconsideration with the hope that their argument will be accepted and that the trial level determination will be reversed by the Workers’ Compensation Appeals Board (WCAB). It is always a bit of a...

National and State-by-State Workers' Comp News Powered by Larson's (8/25/2014)

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. NCCI Examines State of the Economy and Impact on Workers Comp Insurance . DEA to Publish Final Rule Rescheduling Hydrocodone...

Deposition Procedures Not Required for Vocational Expert Interviews: Cal. Comp. Cases September Advanced Postings (8/29/2014)

Here’s the first batch of advanced postings for September 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. James Fetner, Petitioner v. Workers'...

California: Utilization Review Not Defective When Request for Additional Information Necessary to Make UR Determination Signed by Non-Physician

In a noteworthy panel decision issued August 21, 2014, the WCAB in Newton v. Jack-In-The-Box , 2014 Cal. Wrk. Comp. P.D. LEXIS – , rescinded the WCJ’s award of medical treatment in the form of aquatic therapy after the defendant objected to the WCAB’s 7/7/2014 Notice of Intention to...

National and State-by-State Workers' Comp News Powered by Larson's (9/2/2014)

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. NASI: Job, Earnings Growth Bumps Up Workers Comp Benefits and Costs . Ninth Circuit Rules FedEx Misclassified Workers...

California: Combined Values Chart – Guide or Mandate?

The Combined Values Chart (CVC) is included in the 2005 Permanent Disability Rating Schedule (PDRS) as the tool for parties to use to add impairments. The form of mathematics is a bit odd. Under the CVC, 30 + 20 = 44. And 80 + 30 = 86. Some have wondered if this was part of the new “core curriculum”...

National and State-by-State Workers' Comp News Powered by Larson's (9/9/2014)

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. AZ: IC Posts 2014-2015 Physician/Pharmaceutical Fee Schedule, eff. 10-1-2014 . CA: DWC Issues Revision to WCIS Regs With...

California: DIR Director Christine Baker Provides Update on Progress of SB 863 Eighteen Months After Operative Date

A report from the California Workers’ Compensation & Risk Conference, Sept. 10-12, 2014, Dana Point, CA By David Bryan Leonard, Esq. Without pause, Christine Baker, Director of the California Department of Industrial Relations, took the stage immediately following national basketball...

California WCAB Jurisdiction: Oral Contract Was Made in California When Professional Athlete Resided in California

Professional athlete’s contract of hire deemed made in California, this despite actual contract signed out-of-state and out-of-state contingencies performed In Royster v. NFL Europe , 2014 Cal. Wrk. Comp. P.D. LEXIS – (Appeals Board noteworthy panel decision), the WCAB affirmed the WCJ’s...