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...

National and State-by-State Workers' Comp News Powered by Larson's (9/15/2014)

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. Improving WC Market Drives NCCI Recommendations for Rate Cuts in 15 States . Self-Funded Health Care Plans for Small...

Guillain-Barre Syndrome Not Deemed Sudden and Extraordinary Employment Condition: Cal. Comp. Cases September Advanced Postings (9/18/2014)

Here’s the fourth 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. John Aresco, Petitioner v. Workers'...

California: WCAB Says MPN Treatment Requests Are Subject to UR/IMR

Legislature did not demonstrate an intent to preclude employers from seeking UR of MPN physicians’ requests for authorization of medical treatment In Stock v. Camarillo State Hospital , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel held that the defendant’s utilization review (UR) determination...

National and State-by-State Workers' Comp News Powered by Larson's (9/22/2014)

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 Medicare Set-Asides and Workers Compensation . NCCI to Recommend More Decreases in Workers Comp Rates for...

California: Elements for Rebuttal of a Strict Rating of the AMA Guides

One of the primary goals and foundation of the workers’ compensation system is to provide adequate medical treatment for injured workers, enabling them to promptly return to their usual and customary jobs. Hence, it is not unusual for a worker to be injured, receive appropriate medical treatment...

California: CIGA Allowed to Force a Deposition of Pro Per Injured Worker 18 Years After Industrial Injury

In Hunter v. Oroville Elementary School , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a deeply divided WCAB panel denied an applicant’s petition for removal and upheld the WCJ’s order compelling a pro per applicant to attend a deposition noticed by the California Insurance Guarantee Association ...

Website Provided Notice That MPN Physician Could Treat at Specified Locations Only: Cal. Comp. Cases October Advanced Postings (9/26/2014)

Here’s the first batch of advanced postings for the October 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. Tynia Ayers , Petitioner v. Workers'...

National and State-by-State Workers' Comp News Powered by Larson's (9/29/2014)

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. New Study Finds Big Drop in Injury Rate When Mandated Nurse Staff Ratios Used . NCCI Posts Updated Experience Rating...

California: Opioid Medications in the Treatment of Work-Related Injuries

According to the Department of Industrial Relations Director Christine Baker, “ opioid misuse is a national concern ”. As a result of this “misuse”, the Division of Workers’ Compensation recently posted proposed “ Guidelines for the Use of Opioids to Treat Work Related...

Adult Children Can Receive Lifetime Death Benefits: Cal. Comp. Cases October Advanced Postings (10/1/2014)

Here’s the second batch of advanced postings for the October 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. Alameda County Fire Department...

California: The Applicant’s Attorney's Right to a 5814.5 Fee

The WCAB explains why a 5814.5 fee should be awarded where a 5814 penalty is found In Juarez v. Watkins Manufacturing Corporation, 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, having previously issued a Notice of Intention (NIT) to award attorney’s fees [see Juarez v. Watkins Manufacturing...

California Workers' Comp Case Roundup (10/3/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 9 September 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...

National and State-by-State Workers' Comp News Powered by Larson's (10/6/2014)

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. US Sup Ct to Decide Whether to Hear Seaman Case Under Jones Act . $3.5B Financial Tie Exists Between Medical Device Makers...

CWCI Study Examines Potential Impact of a Drug Formulary in California Workers’ Comp

A new California Workers’ Compensation Institute study shows that adopting a state-mandated workers’ comp prescription drug formulary such as those used in Texas and Washington State could reduce California workers’ compensation pharmacy payments by an estimated $124 million to $420...

Medical Evidence Alone of Inability to Compete in Open Labor Market Could Not Rebut Permanent Disability Rating: Cal. Comp. Cases October Advanced Postings (10/10/2014)

Here’s the third batch of advanced postings for the October 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. Sonia Morris , Petitioner v. Workers'...

Crocodile Wrestling

At a recent workers’ comp conference in Southern California, WCAB Commissioner Kathy Zalewski noted that the WCAB commissioners had been doing a bit of “crocodile wrestling” over Dubon . I’ve seen crocodile wrestling in Thailand, and it often features a trainer with a stick...

National and State-by-State Workers' Comp News Powered by Larson's (10/13/2014)

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. National WC Premium Rate Rankings Announced; Calif. Most Expensive State . Regulators List Top 5 Workers’ Comp...

Vexatious Litigant’s Documents Deemed Conditionally Filed: Cal. Comp. Cases October Advanced Postings (10/14/2014)

Here’s the fourth batch of advanced postings for the October 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. Larry Hamilton , Petitioner v....

California: Psychiatric Compensable Consequence as a New and Further Injury

In Woodward v. Tri Corp Construction , 2014 Cal. Wrk. Comp. P.D. LEXIS —, the WCAB panel, affirming the WCJ, found good cause existed under Labor Code § 5410 to reopen the applicant’s 1/26/2011 Stipulated Award and to find that the applicant sustained a psychiatric injury as a compensable...

California: Parting Advice from a Presiding Judge

Norm Delaterre, the soft-spoken presiding judge who's retiring from the Santa Ana board at the end of October, made time recently to counsel attorneys on how not to tick off Orange County judges. Speaking at an Oct. 11 continuing legal education seminar, he gave a starting point. "Know your...

California: When Utilization Review Determination Untimely, No Portion of UR Determination Could Be Relied on to Deny Medical Treatment

WCAB panel issues a new post-Dubon II decision In Korn v. Entertainment Partners , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel affirmed a WCJ’s finding that an applicant, who was employed as a craft services person, suffered an industrial injury to her low back and right shoulder on 5/4...

National and State-by-State Workers' Comp News Powered by Larson's (10/20/2014)

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. WCRI Study Compares Medical Costs for Injured Workers in 16 States . Investigation: Heroin, Opioid Use by Workers Surges...

Split Panel Rejects Maximum Award of PTD Benefits: Cal. Comp. Cases November Advanced Postings (10/22/2014)

Here’s the first batch of advanced postings for the November 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. Marco Peris , Petitioner v. Workers'...