Lien Claimant’s PQME Reports Admitted Into Evidence: Cal. Comp. Cases February Advanced Postings (2/10/2012)

Here’s the second batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summaries. County of Mendocino, PSI, Petitioner v. Workers' Compensation Appeals Board, City of Willits, PSI, Aaron...

Wife Entitled to Reasonable Value of Home Health Care Services for Injured Husband: Cal. Comp. Cases June Advanced Postings (6/14/12)

Here’s the third batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Allgreen Landscape, Everest National Insurance Company...

LexisNexis Interview: Associate Chief Judge Ellen Flynn, California Division of Workers’ Compensation

LexisNexis recently interviewed newly appointed southern region Associate Chief Judge Ellen Flynn on a warm summer day at her Anaheim Workers’ Compensation Appeals Board office. Judge Flynn had served as Presiding Judge there for 20 years, in addition to her work as a trial judge for another seven...

California: W.C.A.B. Provides Teeth to Lien Litigation

After going virtually the entire calendar year without a substantive en banc decision, the W.C.A.B. has issue a new opinion which provides significant guidance to the workers’ compensation community in one of the emerging battleground areas that is likely to develop under SB 863. In Torres v AJC...

California: W.C.A.B. Provides Teeth to Lien Litigation

After going virtually the entire calendar year without a substantive en banc decision, the W.C.A.B. has issue a new opinion which provides significant guidance to the workers’ compensation community in one of the emerging battleground areas that is likely to develop under SB 863. In Torres v AJC...

California: It’s Here--Independent Bill Review (Part 2)

By David Bryan Leonard, Esq. © Copyright 2013 LexisNexis. All rights reserved. This is Part 2 of a two-part article. Read Part 1 here . Processing of IBR Request by the Administrative Director After the secondary review, and after the provider submits the proper request and fees for...

California: It’s Here--Independent Bill Review (Part 2)

By David Bryan Leonard, Esq. © Copyright 2013 LexisNexis. All rights reserved. This is Part 2 of a two-part article. Read Part 1 here . Processing of IBR Request by the Administrative Director After the secondary review, and after the provider submits the proper request and fees for IBR...

California: It’s Here--Independent Bill Review (Part 1)

By David Bryan Leonard, Esq. © Copyright 2013 LexisNexis. All rights reserved. 2013 has started off with a whirlwind of new regulations and administrative processes. We have several new sets of regulations that cover topics such as Independent Bill Review (IBR), Independent Medical Review (IMR...

California: WCAB Provides Further Guidance on Lien Activation Fees

By David Bryan Leonard, Esq. Three new panel decisions illustrate how the WCAB is interpreting the new lien activation fees. These decisions should be of great interest to the workers’ comp community and are summarized below. Note: The three panel decisions can be accessed for free for a...

California Lien Filing Fees and Multiple Case Numbers: WCAB Panel Applies AD Rule 10208

By David Bryan Leonard, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Workers’ compensation injuries can occur from a specific incident or be caused by cumulative events. ( Labor Code Section 3208.1 . [ LC 3208.1 ]) When multiple...

California: Non-Physician Lien Claimant’s Petition to Compel Production of Medical Records

Recent decisions provide guidance of new procedures under SB 863 One aspect of SB 863 that is confusing both non-physician lien claimants and judges is how these lien claimants may obtain medical reports in a case. Prior to SB 863, non-physician lien claimants would often run into problems securing...

California: Lien Claimants’ Notice of Representation Under SB 863

WCAB seeks to rein in the insanity of ever-changing hearing reps and to maintain respect of the judicial process, but does the new rule raise equal protection arguments? Recent noteworthy panel decisions indicate a trend whereby the WCAB is strictly enforcing new Rule 10774.5 ( reprinted in full below...