Emerging Trend at California WCAB: Sanctions & Costs

Recently, the WCAB imposed sanctions (sometimes on its own motion) and awarded costs for actions and tactics noted in Labor Code §5813 and described in more detail under Rule 10561 (which I invite you to review). Labor Code §5813 says: “(a) The workers’ compensation referee or...

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 EAMS: Compliance With QME Regulations

New Qualified Medical Examiner (QME) regulations were issued on Feb. 17, 2009. These regulations provide helpful guidance for both attorneys and doctors on how to obtain the highest quality evaluations for injured workers. Compliance with these regulations will ensure that once the case goes to trial...