FREE DOWNLOAD: Employer's Improper Communication With Physician (Calif. WCAB panel)

Sergio Oseguera v. Links Communications Medical-Legal Procedure—Independent Medical Examiners—Communications—WCAB held that reporting of "regular physician" appointed by WCJ pursuant to Labor Code § 5701 to examine applicant/cable installer with 5/26/2001 admitted...

FREE DOWNLOAD: Employer's Improper Communication With Physician (Calif. WCAB panel)

Sergio Oseguera v. Links Communications Medical-Legal Procedure—Independent Medical Examiners—Communications—WCAB held that reporting of "regular physician" appointed by WCJ pursuant to Labor Code § 5701 to examine applicant/cable installer with 5/26/2001 admitted industrial...

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...

California: The PQME Process Runs Amok - A Tragic-Comedy

By Robert G. Rassp, Esq. This story is true. The names were changed to protect the guilty. This story is a great example of what is wrong with the panel QME process under Labor Code sections 4062.1 and 4062.2. There are many cases where claims administrators are paying for medical reports and deposition...

California: The PQME Process Runs Amok - A Tragic-Comedy

By Robert G. Rassp, Esq. This story is true. The names were changed to protect the guilty. This story is a great example of what is wrong with the panel QME process under Labor Code sections 4062.1 and 4062.2. There are many cases where claims administrators are paying for medical reports and deposition...

California: RFA (Request for Authorization) Within 1 Year of Prior UR Denial

By Bruce P. White, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. SB 863 tried to address one of the problem areas in utilization reviews and that is how long does a UR decision remain in effect. Labor Code § 4610 (g)(6) [ LC...

Obamacare Architect Estimates Three-Year Delay in Accurately Understanding Affordable Care Act Impact on Workers’ Compensation

The statement of economist Jonathan Gruber, Ph.D. , of the Massachusetts Institute of Technology in Cambridge, Massachusetts that a three-year news blackout regarding the Affordable Care Act (ACA) would have had merit was arguably the most memorable moment during the 2014 Annual Issues and Research Conference...

California: Judges and Jurisdiction - Where to Draw the Line

The primary purpose of the newly created Independent Medical Review (IMR) process is to review medical treatment (MT) disputes and issue determinations. SB863 added LC §4610.6 (i) to the Labor Code, which states in pertinent part, “In no event shall a workers’ compensation administrative...

Federal: U.S. Supreme Court Denies Certiorari in Sixth Circuit’s RICO Decision

The United States Supreme Court has denied review of the Sixth Circuit’s en banc decision in Jackson v. Sedwick Claims Mngmt. Servs . [731 F.3d 556 (6 th Cir. 2013)]. Readers will recall that the Jackson case, which questions whether an injured employee may recover under the Racketeer Influenced...