California: 1st District Reverses W.C.A.B. in Elliot – Follows W.C.A.B. Holding in Cervantes

The 1st Appellate District has reversed the W.C.A.B. decision in Elliot v W.C.A.B . , agreeing with the subsequently issued en banc decision in Cervantes v. El Aguila Food Products , Inc . (2009) 74 Cal.Comp.Cases 1336 ( Cervantes ) regarding the procedures to be followed in requests for spinal surgery...

CA: WCAB Further Refines Utilization Review Spinal Surgery Procedures

Jacob Vervalin v. Mission Uniform & Linen, Travelers Insurance Medical-Legal Procedure--Spinal Surgery--WCAB rescinded WCJ's finding that applicant/sales representative with 4/20/2007 spinal injury was entitled to spinal surgery based upon AME's report, when WCAB found that it was improper...

Cal. Comp. Cases August 2010 Advanced Postings (8/25/2010)

Here's the fourth batch of advanced postings for the August 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and full case summaries. © Copyright 2010 LexisNexis. All rights reserved. Contra Costa County Fire Protection...

Cal. Comp. Cases September Advanced Postings (9/22/2010)

Here's the fourth batch of advanced postings for the September 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below read the full headnotes and summaries. Bank of America, ACE Insurance Company, administered by Gallagher Bassett Services, Inc., Petitioners v. Workers'...

California Workers’ Compensation Reform SB 863 Analysis: Medical Treatment Provisions

***NEW! TO READ AN UPDATED ANALYSIS OF THE 8/30/2012 VERSION OF SB 863, CLICK HERE . On 8/31/2012, the Legislature passed SB 863.*** ***WARNING: The analysis below was based on the 8/24/2012 version of SB 863. Several amendments were made to the bill since that time. *** The proposed “new...

California Workers’ Compensation Reform SB 863 Analysis: Medical Treatment Provisions

***NEW! TO READ AN UPDATED ANALYSIS OF THE 8/30/2012 VERSION OF SB 863, CLICK HERE . On 8/31/2012, the Legislature passed SB 863.*** ***WARNING: The analysis below was based on the 8/24/2012 version of SB 863. Several amendments were made to the bill since that time. *** The proposed “new...

California Workers’ Compensation Reform SB 863 Analysis: Medical Treatment Provisions (9/7/2012)

The following analysis is based on the 8/30/2012 amended version of SB 863: SB863, widely lauded as the “new and improved” workers’ compensation reform package passed both the houses of the legislature on Friday, August 31 and is now on the Governor’s desk waiting to be signed...

California Workers’ Compensation Reform SB 863 Analysis: Medical Treatment Provisions (9/7/2012)

The following analysis is based on the 8/30/2012 amended version of SB 863: SB863, widely lauded as the “new and improved” workers’ compensation reform package passed both the houses of the legislature on Friday, August 31 and is now on the Governor’s desk waiting to be signed...

California: Medical Emergencies Post SB 863

The recent reform act of SB 863 will bring in a whole host of changes to our workers compensation medical treatment (MT) delivery system. As we pour over the new and revised statutes and the new and revised regulations, it is helpful to consider what aspects of the law have changed, and what aspects...

UR and IMR: Did the WCAB Du(bon) the Right Thing? Applicants' Attorneys Chime In

Karen C. Yotis, Esq., Feature Resident Columnist of the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers' comp world. Utilization Review and Independent Medical Review are heavily laden concepts that have caused...

California: Lien Disallowed for Surgical Hardware Provided to Pacific Hospital of Long Beach

WCAB disallows lien for surgical hardware based on admitted fraudulent activities of Michael Drobot and adverse inferences drawn against lien claimant including failure to produce documents of its ownership interests, fictitious business name statement and licensure In Olivas v. North American Plywood...