Workers Compensation Law

Recent Posts

California Workers’ Comp IMR Volume & Outcomes Held Steady in Q1 2018
Posted on 18 Jun 2018 by California Workers' Compensation Institute

Data on California workers’ compensation independent medical review (IMR) decisions issued in the first quarter of this year shows that the medical dispute resolution process established as part of the 2012 workers’ comp reforms continues... Read More

Independent Medical Review: A New Wave of Litigation in California
Posted on 16 Jun 2014 by Robert G. Rassp, Esq.

Recent noteworthy panel decisions show that the applicant would be wise to present all relevant medical reports and records, and citations to the MTUS, ACOEM, ODG, or other nationally accepted medical standards to the IMR reviewer, and that when a material... Read More

California: Arbitrary UR Cycles of Denials and Authorizations for Prescription Medications
Posted on 22 Jan 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Defendants can submit every prescription request to UR, but is this cost effective and does it fulfill their obligation to provide appropriate medical treatment to cure or relieve injured workers from the effects of their industrial injuries? In Cordova... Read More

WCRI Study Says California Saw Five Percent Decrease in Medical Payments Per Claim in 2013
Posted on 11 Oct 2015 by Thomas A. Robinson

According to a study recently released by Workers’ Compensation Research Institute (WCRI), California enjoyed a five percent decrease in medical payments per workers’ compensation claim in 2013 on a year-over-year basis, likely reflecting... Read More

California: DIR Director Christine Baker Provides Update on Progress of SB 863 Eighteen Months After Operative Date
Posted on 12 Sep 2014 by David Bryan Leonard

A report from the California Workers’ Compensation & Risk Conference, Sept. 10-12, 2014, Dana Point, CA By David Bryan Leonard, Esq. Without pause, Christine Baker, Director of the California Department of Industrial Relations, took the... Read More

California: W.C.A.B. Issues En Banc Decision on “Defective UR”
Posted on 28 Feb 2014 by Richard M. Jacobsmeyer

The W.C.A.B. issued two en banc decisions today, one involving Utilization Review and the other addressing the issue of the application of ADR 35.5(e) which requires the same QME to evaluate an employee for multiple injury claims. The second decision... Read More

California: WCJ Sounds Off on UR/IMR Process - Loynachan v. County of Los Angeles
Posted on 16 Jul 2014 by Robin E. Kobayashi

In Loynachan v. County of Los Angeles , ADJ7144283, the WCJ held that the applicant, who was permanently totally disabled as a result of a 10/1/2009 industrial injury, was entitled to continue receiving 24 sessions of behavioral psychotherapy each year... Read More

Crocodile Wrestling
Posted on 10 Oct 2014 by Julius Young

At a recent workers’ comp conference in Southern California, WCAB Commissioner Kathy Zalewski noted that the WCAB commissioners had been doing a bit of “crocodile wrestling” over Dubon . I’ve seen crocodile wrestling in Thailand... Read More

California: A Post-Mortem on Dubon
Posted on 31 Oct 2014 by McCarthyRob

By Rob McCarthy Maurice Abarr wants to set the record straight about what happened leading up to the Dubon II en banc decision earlier this month. He got the chance Saturday at a Van Nuys panel discussion, hosted by Lawworm.com Inc. Maurice is the... Read More

California: No Penalty for Nearly Seven-Month Delay in Providing Dental Services Approved by Utilization Review
Posted on 1 Mar 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Murphy v. Petsmart, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB rescinded the WCJ’s order awarding a maximum 25 percent penalty under Labor Code § 5814 for the defendant’s delay in providing dental treatment to an... Read More

California: W.C.A.B. Publishes New UR Timeliness Decision
Posted on 21 Nov 2014 by Richard M. Jacobsmeyer

The W.C.A.B. has issued a Significant Panel Decision* reaffirming its language in Dubon v. World Restoration (Dubon II) regarding the W.C.A.B.’s ability to determine medical issues where UR is not completed in a timely fashion and also provided... Read More

California: Privilege Rules Clarified by Court of Appeal; Update on Stevens v. W.C.A.B.
Posted on 18 Jun 2014 by Richard M. Jacobsmeyer

The Court of Appeal has ordered publication of a decision which confirms the application of Evidence Code 915 to discovery and privilege issues before the W.C.A.B. The Court had initially ordered the decision, Regents v W.C.A.B. (Lappi) , to not be published... Read More

CWCI Study Finds California Workers’ Comp IMR Volume May Be Leveling Off
Posted on 21 Sep 2017 by California Workers' Compensation Institute

Oakland – A new study on the California workers’ compensation independent medical review (IMR) process established by state lawmakers to resolve medical disputes finds that in the first half of this year, more than 91% of all utilization review... Read More

California: Court of Appeal Upholds Constitutionality of IMR
Posted on 29 Oct 2015 by Richard M. Jacobsmeyer

Shortly after the second Second District Court of Appeals provided the defense community with a welcome decision in Batten v. WCAB , the First Appellate District followed up with its much anticipated decision in Stevens v. WCAB , the first constitutional... Read More

California Workers' Comp Case Roundup (10/2/2015)
Posted on 2 Oct 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 9 September 2015 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... Read More