California: Disputing Utilization Review Denial of Authorization

This California WCAB panel decision will be added soon to the LexisNexis services. Note: This decision clarifies a prior decision, which we reported in our 6/13/2011 enewsletter : Medical-Legal Procedure; Utilization Review; Spinal Surgery. WCAB, rescinding its prior decision and granting reconsideration...

California: Challenging Utilization Review at an Expedited Heading: Becerra and Corona Panel Decisions

By Mark L. Kahn (Associate Chief Judge-Ret.), Arbitrator/Mediator/Attorney - Altman Lunche and Blitstein LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com. Applicant can challenge whether defendant timely and properly conducted UR at an...

California: W.C.A.B. Rules Expedited Hearing Available Remedy to Enforce MPN During 90 Day Delay

The Workers’ Compensation Appeals Board has issued its first published decision of 2014 with a significant panel decision * in the case of Eun Jae Kim v. B.C.D. Tofu House; Cypress Insurance Company . In this decision the WCAB addresses the question of whether an expedited hearing pursuant to Labor...

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: Slow Taper of Opioid Usage: UR Decisions Must Be Consistent With the MTUS

In McCool v. Monterey Bay Medicar , 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel rescinded the WCJ’s award of medical treatment in the form of Oxycontin, Norco and Lyrica to the applicant who sustained an industrial low back injury on 9/17/83 resulting in three back surgeries. The WCAB...