California Workers’ Comp Centennial: Thought Leaders Speak the Truth About the Social Bargain and Constitutional Goals

Karen C. Yotis, Esq., Feature Resident Columnist of the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers' comp world. FACING THE TOUGH QUESTIONS The centennial celebration of workers' compensation in California...

California: W.C.A.B. Issues En Banc Decision on “Defective UR”

The W.C.A.B. issued two en banc decisions today, one involving Utilization Review and the other addressing the issue of the application of ADR 35.5(e) which requires the same QME to evaluate an employee for multiple injury claims. The second decision will be the subject of a further EBlast message as...

California: W.C.A.B. Rules ADR 35.5(e) Invalid

The W.C.A.B. has issued an en banc decision on an issue that comes up fairly frequently before the W.C.A.B.—the application of Rule 35.5 to QME where an injured worker has multiple injuries to similar parts of the body with the same parties. Rule 35.5(e) would suggest the employee is limited to...

National and State-by-State Workers' Comp News Powered by Larson's (3/3/2014)

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. ACOEM Targets 5 Things Doctors, Patients Should Question . US DOL Program to Help Some Miners Increase Chances of Black...

California Workers' Comp Case Roundup (3/6/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 2 February 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...

Dismissal of $166K Lien for Failure to Appear: Cal. Comp. Cases March Advanced Postings (3/6/2014)

Here are the first and second batches of advanced postings for the March 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. Miracle Mile Medical Center...

National and State-by-State Workers' Comp News Powered by Larson's (3/10/2014)

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. Travelers Becomes Largest WC Insurer, Liberty Mutual Falls to Second Place . Benign Neglect: Is Failure to Follow Doc's...

WCAB’s Role in Distribution of 3rd Party Settlement Proceeds: Cal. Comp. Cases March Advanced Postings (3/11/2014)

Here’s the third batch of advanced postings for the March 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. Albert Carrabello, Petitioner v....

UR and IMR: Did the WCAB Du(bon) the Right Thing? Applicants' Attorneys Chime In

Karen C. Yotis, Esq., Feature Resident Columnist of the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers' comp world. Utilization Review and Independent Medical Review are heavily laden concepts that have caused...

National and State-by-State Workers' Comp News Powered by Larson's (3/17/2014)

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. Experience Modification Rate Can Lead to Higher WC Premiums, Lost Work Opportunities . State Counties With Highest Temp...

California: How to File an Appeal of a Final Determination of an Independent Medical Review

A great deal of mystery surrounds who, what, where, when, and how the Applicant or Defendant can appeal an adverse Final Determination of an independent medical review. This article will discuss the process that leads from a utilization review denial through the IMR process and onto the final step of...

National and State-by-State Workers' Comp News Powered by Larson's (3/24/2014)

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. Opinion: Workers Comp No Fault System Should Be Applied to Personal Injury Cases . Opinion: States Should Duplicate PA...

California: Presenting Evidence of the Vocational Expert Post SB 863

Rebuttal of an injured worker’s “strict” permanent disability rating has consistently been one of the hottest topics in recent case law. See Milpitas v. WCAB (Guzman) (2010) 75 Cal. Comp. Cases 837 (lexis.com), 75 Cal. Comp. Cases 837 (Lexis Advance). Although Guzman dealt with a rebuttal...

CWCI Offers 2014 Workers’ Comp Case Law Update Seminar

The California Workers’ Compensation Institute (CWCI) has announced it will conduct a one-day case law seminar in May in both Long Beach and San Francisco. The program will examine how recent trends in decisional law are reshaping California workers’ compensation, and discuss appropriate...

Battle of Applicant and Defense Vocational Experts: Cal. Comp. Cases April Advanced Postings (3/26/2014)

Here’s the first batch of advanced postings for the April 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. Forward Air, Inc., Great West Casualty...

National and State-by-State Workers' Comp News Powered by Larson's (3/31/2014)

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. House Passes HR 4302 to Delay ICD-10 Transition, Medicaid Amendments . Experts Speak Out on Impact of NLRB Ruling for...

Contract Dispute Between Insurer and Excess Carrier: Cal. Comp. Cases April Advanced Postings (4/1/2014)

Here’s the second batch of advanced postings for the April 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. Contra Costa County, PSI, Contra...

California: W.C.A.B. Affirms Prior En Banc Decision Re: ADR 35.5(e) as Invalid

The W.C.A.B. has issued its follow-up decision in the previously issued en banc decision in Navarro v. City of Montebello . In its original decision the W.C.A.B. had issued a notice of intent to rule that Administrative Directive Rule 35.5(e) is an invalid interpretation of the provisions of Labor Code...

California Medical Provider Networks: Another Aspect of SB 863 Needing Judicial Oversight

Another aspect of SB863 needing judicial oversight is the failure of the MPNs to assist patients in obtaining appointments with in-network treating psychiatrists, while denying payment to non-network psychiatrists as "self-procured". Instead of providing legally-required assistance, the Claims...

California Workers' Comp Case Roundup (4/5/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 3 March 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 (4/7/2014)

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 Posts 2014 Annual Report and Research Review . Many Companies Offering Accident/Disability Insurance See Reduction...

Worker’s Injuries From Cave-In Caused by S&W Misconduct of Employer: Cal. Comp. Cases April Advanced Postings (4/11/2014)

Here’s the third batch of advanced postings for the April 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. Joseph R. Scott, Inc., State Compensation...

Will California Rank No. 1 in Nation for Highest Workers’ Comp Premium Rates?

Two years ago California ranked third in the nation in terms of the highest workers’ comp premium rates. In a webinar on April 10, 2014, WCIRB observed that, given the rate activity in the state from 2012 to 2013 and most likely continuing into 2014, California could have the highest—or close...

National and State-by-State Workers' Comp News Powered by Larson's (4/14/2014)

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. Insurance Expert Predicts Growth Drivers for Workers Comp in a Sluggish Economy . NCCI Posts 2014 Workers Comp Issues...

Employer 90 Percent at Fault for Applicant’s Burn Injuries: Cal. Comp. Cases April Advanced Postings (4/16/2014)

Here’s the fourth batch of advanced postings for the April 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. Illinois Midwest Insurance Agency...