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California Workers’ Compensation: 2015 Year in Review

By Julius Young, Esq., Richard M. Jacobsmeyer, Esq., Barry D. Bloom, Co-Editors-in-Chief, Herlick, California Workers' Compensation Handbook This 2016 edition is the 35th edition of Herlick, California Workers’ Comp Handbook (hereinafter “Herlick”). The latest Herlick Handbook...

National and State-by-State Workers' Comp News Powered by Larson's (12/14/2015)

ProPublica Investigates Tyson Foods’ Push for Workers Comp Changes . Former Security Guards at US Nuclear Weapons Complex Decry Lack of EEOIC Benefits . CDC Publishes 2011 Life Tables . Brookings Publishes Policy Brief on Modernizing Labor Laws for “Independent Workers .” ...

Applicant Shot at Illegal Marijuana Growing Business Suffered Compensable Injury: Cal. Comp. Cases December Advanced Postings (12/16/2015)

Here’s the latest batch of advanced postings for the December 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. Christine Baker, Director of Department...

California Workers’ Comp Medical Mileage Rate to Decline for 2016 Travel

The Internal Revenue Service has announced that the standard mileage rate for business miles will decline 3.5 cents per mile to 54 cents per mile as of January 1, 2016. The California Workers’ Compensation Institute notes that this means the mileage rate that California workers’ compensation...

Defendant Hired Applicant in His Capacity as Homeowner and Not as Part of His Rental Property Business: Cal. Comp. Cases January Advanced Postings (12/29/2015)

Here are the latest advanced postings for the January 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Abel Reyes-Garcia, Petitioner v. Workers'...

California Workers' Compensation Case Roundup (1/2/2016)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 12 December 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 2016 LexisNexis. All rights...

California: Top 25 Noteworthy Panel Decisions (July–December 2015)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2015. The list features a number of decisions addressing the assignment and reporting of panel qualified medical evaluators...

National and State-by-State Workers' Comp News Powered by Larson's (1/4/2016)

ProPublica Examines Power, Wealth of Middlemen at Workers Comp Conferences . CDC Reports Increase in Drug, Opioid Overdose Deaths in U.S. 2000-2014 . CDC Opens Comment Period for Proposed 2016 Guideline for Prescribing Opioids for Chronic Pain . NIOSH Examines Troubling Statistics on Opioid...

Two Decisions Show Complexity of Establishing WCAB Jurisdiction in Pro Athlete Cases: Cal. Comp. Cases January Advanced Postings (1/6/2016)

Here’s another batch of advanced postings for the January 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Scottie Pippen, Petitioner v. Workers'...

California: UPS Driver May Not Sue Shipper for Injuries Related to Mislabeled Box

A UPS driver, who injured his back when he picked up a box whose weight had been mislabeled by a university employee may not maintain a lawsuit against the university for negligence; the risk of injury from lifting heavy boxes that might be labeled with inaccurate weight information was inherent in the...

National and State-by-State Workers' Comp News Powered by Larson's (1/11/2016)

Doctor’s Union Challenges Medical Management Companies, Outsourcing . US DOL Reports US Mining Deaths Dropped to New Lows in 2015 . AIG Invests in Wearable Devices to Promote Workplace Safety . 91 Percent of Patients Overdosing on Opioids Continued to Get Painkiller Prescriptions . ...

California Utilization Review: Prospective vs. Retrospective Review

A recent decision with an interesting fact pattern provides analysis of retrospective vs. prospective RFA, retro care and UR review on delayed benefits By Richard M. Jacobsmeyer, Esq. The W.C.A.B. has affirmed a Findings and Award determining a defendant failed to conduct timely retrospective UR...

California: Claim Against UR Physician Not Preempted by Workers’ Compensation Law

Noting that a utilization review physician has a doctor-patient relationship with the person whose medical records are being reviewed, a California appellate court held that in at least some circumstances an injured worker and his wife could maintain a civil action against a physician for a workers’...

WCAB Bars Applicant’s Psychiatric Injury Caused by Disciplinary Action: Cal. Comp. Cases January Advanced Postings (1/13/2016)

Here’s another batch of advanced postings for the January 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Dennis Stolp, Petitioner v. Workers'...

National and State-by-State Workers' Comp News Powered by Larson's (1/19/2016)

NCCI Establishes Baseline for Monitoring Impact of ACA on Workers Comp . Recent Ruling Could Give OSHA Wider Authority for Issuing Enterprise Abatement Orders . AZ: ICA Posts RFQ for Qualified Vendor List for Investment Management Consulting Services . CA: DWC Ended Lien Activation Fee Collection...

Good-Faith Personnel Action Defense Barred Police Officer’s Psyche Claim: Cal. Comp. Cases January Advanced Postings (1/20/2016)

Here’s another batch of advanced postings for the January 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. James Yarber, Petitioner v. Workers'...

California: Defendant Found Responsible for EDD Lien When Lien Not Resolved Prior to Approval of Compromise and Release

In Borbeck v. ACE Building Maintenance , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s order requiring the defendant to pay EDD $33,921.68 in satisfaction of EDD’s lien for unemployment compensation paid to the applicant. The WCAB found that unemployment compensation payments...

National and State-by-State Workers' Comp News Powered by Larson's (1/25/2016)

Injured Worker Left Out in the Cold by ERISA Surviving on Social Security Disability . Liberty Mutual Workplace Safety Index 2016 Reports $62B in U.S. Workers Comp Costs . USDOL Issues Guidance on Joint Employment Under FLSA, MSPA . News Investigation: Temp Agency Workers Reveal Discriminatory...

California: Invalid Utilization Review Determinations in a Post-Dubon II World

When UR decision did not address issue raised by treating physician’s request for authorization, there was no timely UR In Arroyo v. Inland Concrete Enterprises, Inc. , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB granted removal and rescinded the WCJ’s finding that the defendant’s...

National and State-by-State Workers' Comp News Powered by Larson's (2/1/2016)

Lyft Settles Calif. Lawsuit for $12.5M, Drivers Still Not Classified as Employees . Price Wars Between Insurers and Drug Companies Impact Patients’ Healthcare . AMA Recommends Changes to CDC’s Proposed Opioid Prescription Policy . AK: WCD Posts Filing Requirements for Annual Reports...

CWCI Study Examines Changes in the California Workers’ Comp Med-Legal Process

The average amount paid for an individual medical-legal service in the California workers’ compensation system rose 66 percent in the 8 years that followed the 2006 revisions to the medical-legal fee schedule, as the mix of medical-legal services shifted away from those reimbursed at a flat fee...

Decedent Entitled to Pursue Injuries to Body Parts Not Covered in Compromise and Release: Cal. Comp. Cases February Advanced Postings (2/3/2016)

Here’s another batch of advanced postings for the February 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Johns Mansville, self insured...

California: Medical Provider Network Access Standards: Three Physicians Required?

In Soto v. Sambrailo Packaging , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB held that the WCJ erred in finding that the applicant who suffered an industrial injury to her neck, back and right shoulder was entitled to treat outside the defendant’s MPN because the defendant failed to meet the statutory...

National and State-by-State Workers' Comp News Powered by Larson's (2/8/2016)

Experts Identify Top 10 Issues to Watch for Workers’ Comp in 2016 . EEOC Seeks Comments on Proposed Enforcement Guidance on Workplace Retaliation . Insurance Information Institute President Dr. Robert Hartwig to Step Down . Obama Budget Would Invest $1.1B to Fight Opioid Abuse, Heroin...

California Workers’ Compensation Case Roundup (2/11/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 1 January 2016 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 2016 LexisNexis. All rights...