Workers Compensation Law

Recent Posts

California: Diagnostic Testing: Is it Medical Treatment or Medical-Legal Expense?
Posted on 1 May 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

An interesting question arises in whether diagnostic testing constitutes “medical treatment” or a valid “medical-legal” expense. If it’s deemed medical treatment, then it is subject to UR/IMR. Two recent panel decisions illustrate... Read More

California: Is There a Limit on the Employer’s Control Over Medical Treatment?
Posted on 19 Jan 2018 by LexisNexis Workers' Comp Law Newsroom Staff

Any information or opinions contained in this commentary are not necessarily endorsed by LexisNexis® or its affiliates or by the LexisNexis® editorial consultants who review panel decisions. The appropriate provision of medical treatment is... Read More

Like a Virgin: Delaware IAB Denies Surgery and What a Difference a Year Makes!
Posted on 18 Mar 2015 by Cassandra Roberts

Today’s post comes to us from my dear colleague Jessica Leigh Julian of Marshall Dennehy. And it seems to me that there have been a flurry of proud defense lawyers standing up against the call of the scalpel. Jess joins Wade Adams this week in a... Read More

Compound Medications Not Found Reasonable and Necessary Under ACOEM Guidelines, MTUS: Cal. Comp. Cases April Advanced Postings (4/15/2015)
Posted on 16 Apr 2015 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for April 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

California: WCAB Affirms Medical Treatment in the Form of Sleep Number i8 Bed
Posted on 14 Mar 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Carnes v. Auto Zone, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB affirmed the WCJ’s order that the defendant authorize medical treatment in the form of a Sleep Number i8 bed based on the reporting of the applicant’s treating... Read More

Twice Blessed……and Two Spinal Cord Stimulator Cases From the First State
Posted on 2 Oct 2012 by Cassandra Roberts

Above is a picture of Keri Morris' twins Madison Rose and Landon. They were recently in a wedding and don't they look cute enough to be the cake topper? Every time I look at this pic, it tickles me how the little guy has a cheese cracker in his... Read More

McCool
Posted on 22 Nov 2014 by Julius Young

Can an insurer submit medication prescription requests to utilization review (UR) even where those medications have been repeatedly authorized before? That question has been hotly debated in California workers’ comp circles after a recent WCAB... Read More

Nebraska: Injured Employee Fails to Show Spinal Cord Stimulator Is Necessary Medical Expense
Posted on 8 Jan 2016 by Larson's Spotlight

An employer need not pay the cost of supplying an injured employee with a spinal cord stimulator where both the employee’s testimony and that of the employer’s medical experts indicated the stimulator did not alleviate the pain associated... Read More

Missouri: Court Finds Denial of Treatment While Carrier Investigates Comp Claim
Posted on 17 Jan 2014 by Martin Klug

An employer has an obligation to provide medical treatment for a work-related injury when it received a request for care even if the employer has not finished its investigation, according to the recent court of appeals case, Downing v. McDonald's... Read More

Everybody Loves Raymond…….. and Delaware Superior Court Ruling Allows IAB to Bypass Utilization Review
Posted on 6 Dec 2012 by Cassandra Roberts

Okay, this one is a big deal, folks, a procedural lollapalooza, with props to both Mike Galbraith and Dennis Menton who heralded the Superior Court appellate decision as it was released by the Court. Allow me to simply introduce Mike's comments and... Read More

California: Diagnostic Testing: Medical Treatment or Medical-Legal Expense? (Part 2)
Posted on 14 Jul 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In the May 4, 2015 issue of the LexisNexis Workers’ Compensation eNewsletter California Edition we reported the noteworthy panel decision of Hubbard v. United Parcel Service , 2015 Cal. Wrk. Comp. P.D. LEXIS 223 (April 21, 2015). On July 3, 2015... Read More

Award for Medical Treatment Did Not Include Dental Treatment: Cal. Comp. Cases August Advanced Postings (8/10/2016)
Posted on 9 Aug 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the August 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

Have Yourself a Merry Little Waiver: Referral of Medical Treatment for UR Concedes Causation in Delaware
Posted on 16 Dec 2015 by Cassandra Roberts

It is very fitting to feature a case involving UPS this time of year. I stumbled upon Paul Schneider v United Parcel Service , IAB#1283119 (12/1/15) and what makes this case a bit of a “re-gifting” is that it contains what most would think... Read More

California: Whose Burden Is It, Anyway?
Posted on 30 May 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

With all of the changes in the law the last few years, practitioners are finding it more difficult to determine which side has the burden of proof. Once determined, they have a difficult time finding the appropriate evidence needed to meet this burden... Read More

Five-day Timeframe for Issuing UR Decision Was Extended by UR Reviewer’s Timely Request for MRI Reports: Cal. Comp. Cases November Advanced Postings (11/10/2015)
Posted on 10 Nov 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the November 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All... Read More