CA: DWC Introduces Optional Medical Unit Qualified Medical Evaluator Panel Request Forms

OAKLAND, CA - The Division of Workers' Compensation (DWC) Medical Unit has created two new optional forms for use when requesting an additional qualified medical evaluator (QME) panel or a replacement QME panel. The two new forms are designed to help streamline the process for issuing additional...

CA: DWC Medical Unit Clears Qualified Medical Evaluator Panel Request Backlog

OAKLAND, CA - The Division of Workers' Compensation Medical Unit has successfully cleared the qualified medical evaluator (QME) panel request backlog by processing 31,622 over a two month period of time between April and June, 2010. The unit announced that during the two month period they processed...

Cal. Comp. Cases September Advanced Postings (9/2/2010)

Here's the first batch of advanced postings for the September 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes. Los Angeles Metropolitan Transportation Authority, PSI v. W.C.A.B., Jimmy Rayford 75 Cal. Comp. Cases ***, 2010...

CA: DWC Posts Revised Draft QME Regulations For Comment

Oakland, CA (CompNewsNetwork) - The Division of Workers' Compensation (DWC) has revised selected qualified medical evaluator (QME) regulations and posted them to the online forum where members of the public may review and comment on the proposal. The proposed changes would limit a physician...

Cal. Comp. Cases October Advanced Postings (10/13/2010)

Here's the third batch of advanced postings for the October 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the full headnotes and summaries. Brunton Enterprises, Inc., SeaBright Insurance Company, Petitioners v. Workers' Compensation Appeals Board...

CA: DWC Is Accepting Applications For QME

Oakland, CA (CompNewsNetwork) - The Division of Workers' Compensation (DWC) is now accepting applications for the Qualified Medical Evaluator (QME) examination. The deadline for filing applications is Thursday, March 17, 2011. The examination will be held Saturday, April 30, 2011 … read more

California: W.C.A.B. Provides Guidance on AME/QME Request Process Timing Issues

If there was ever a question the medical legal process in workers’ compensation has become concerned with tactical minutia rather than dealing with substantive issues in the day to day comp practice, the W.C.A.B.’s en banc opinion in Tsegay Messele v. Pitco Foods, Inc.; California Insurance...

California: W.C.A.B. Provides Guidance on AME/QME Request Process Timing Issues

If there was ever a question the medical legal process in workers’ compensation has become concerned with tactical minutia rather than dealing with substantive issues in the day to day comp practice, the W.C.A.B.’s en banc opinion in Tsegay Messele v. Pitco Foods, Inc.; California Insurance...

Rebuttal of AMA Guides - Cal. Comp. Cases October Advanced Postings (10/21/2011)

Featured Case of the Week: Rebuttal of AMA Guides Riverfront Apartments, Illinois Midwest Insurance Agency, on behalf of Pennsylvania Manufacturers' Association Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Jose Oliveira , Respondents , 2011 Cal. Wrk. Comp. LEXIS 153...

Rebuttal of AMA Guides - Cal. Comp. Cases October Advanced Postings (10/21/2011)

Featured Case of the Week: Rebuttal of AMA Guides Riverfront Apartments, Illinois Midwest Insurance Agency, on behalf of Pennsylvania Manufacturers' Association Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Jose Oliveira , Respondents , 2011 Cal. Wrk. Comp. LEXIS 153...

California: What Constitutes an Ex-Parte Communication Post-Alvarez?

There have been a number of cases decided by the Workers’ Compensation Appeals Board (WCAB) dealing with Labor Code Section 4062.3 and what constitutes a prohibited ex parte communication with a Panel Qualified Medical Evaluator (PQME). Though many thought the Court of Appeal’s decision in...

California: W.C.A.B. Limits Application of Messele Decision

After seeking input on its Notice of Intent to limit application of the Messele decision prospectively, and getting none, the W.C.A.B. has confirmed its decision to limit the application of its holding. The W.C.A.B. has, in a decision which issued yesterday as follows: To cases where a QME panel...

Does an Employee Have to Obtain a Comprehensive Medical-Legal Evaluation Prior to Disputing a Utilization Review Determination?

In State Compensation Insurance Fund v. Workers' Comp. Appeals Bd. (Sandhagen) (2008) 44 Cal.4th 230 [73 Cal.Comp.Cases 981] (Sandhagen), the California Supreme Court clarified that an employer did not have the option of going through either UR or the QME process in addressing a treatment request...

California Workers' Comp Case Roundup (1/5/2012) - Messele III en banc

CALIFORNIA COMPENSATION CASES Vol. 76 No. 12 December 2011 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 2012 LexisNexis. All rights...

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...

California Panel QME Process: Is It Time to Admit We Are Dealing With a Monster?

A serious question needs to be asked about whether requiring the use of one Qualified Medical Evaluator (QME) in a workers’ compensation case, as opposed to the use of “battling QME’s”, has reduced litigation or has actually served to increase litigation. No question, at least...

SB 863: Changes Impacting the Use of Treating Physicians, Agreed Medical Examiners and Qualified Medical Examiners in California

By David Bryan Leonard, Esq., Special to the LexisNexis Workers’ Compensation Law Community Day two of the 2012 California Workers’ Compensation and Risk Conference included a panel by James Fisher, Esq., counsel for the Department of Industrial Relations, currently assigned to the DWC...

SB 863: Changes Impacting the Use of Treating Physicians, Agreed Medical Examiners and Qualified Medical Examiners in California

By David Bryan Leonard, Esq., Special to the LexisNexis Workers’ Compensation Law Community Day two of the 2012 California Workers’ Compensation and Risk Conference included a panel by James Fisher, Esq., counsel for the Department of Industrial Relations, currently assigned to the DWC...

California: Chief Judge Looks Back on Two Years of Service

The position of Chief Judge for the Division of Workers’ Compensation has had a storied history since its inception more than a decade ago. In April 2002, then Administrative Director Richard (Dick) Gannon appointed Steven Siemers, a trial judge at the Oakland District WCAB, as the first Chief...

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: Can a Utilization Review Determination Exceed Its Appropriate Scope?

With respect to the increasing litigation over the UR process, is Dubon really the issue in many of these UR disputes? Utilization Review (UR) has been around for more than ten years now. UR first came into play in 2003 when Governor Gray Davis passed Senate Bill 228 . The following year, on April...