Workers' Compensation

Recent Posts

Montana: Supreme Court Says State’s IME Process Does Not Violate Due Process
Posted on 25 Oct 2018 by Thomas A. Robinson

Mont. Code Ann. § 39-71-605, which permits workers’ compensation insurers to obtain multiple medical examinations of a claimant, does not permit the State Fund (which had insured the risk and was administering the claim in the instant case... Read More

California: Reviewers Under State's Utilization Review Procedure are Immune from Tort Liability; Exclusive Remedy is Workers’ Compensation
Posted on 24 Aug 2018 by Thomas A. Robinson

The exclusive remedy provisions contained in Cal. Labor Code § 3602 extend their shield against tort liability to utilization reviewers performing their services under the state’s workers’ compensation utilization review process. Accordingly... Read More

Pennsylvania: Compromise & Release May Not Be Used as Informal Utilization Review
Posted on 17 Aug 2018 by Thomas A. Robinson

A Pennsylvania appellate court held that a compromise and release (C&R) agreement may not be employed to avoid the procedures in the state’s Workers’ Compensation Act for challenging a provider's invoice or a fee review determination... Read More

California: Utilization Review: Timelines for Expedited Review When Imminent and Serious Threat Exists
Posted on 16 Jan 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Rodriguez v. Air Eagle, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB has provided guidance on the expedited review of a request for authorization and on the burden of proof of a prescription for home health care services. UR Denial Timeline... Read More

California: Home Health Care in the Context of a Psychiatric Injury
Posted on 11 Oct 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance . On September 30, 2013, a panel of three commissioners with the Workers’ Compensation Appeals Board (WCAB) denied a request to reconsider... Read More

Got Treatment? How to Expedite Medical Treatment and Avoid Penalties in California
Posted on 3 Dec 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cites below. The recent panel decision of Castrillo v. Catholic Health Care West, 2012 Cal. Wrk. Comp. P.D. LEXIS 454 , presents an interesting slant on a judge’s denial of the applicant’s request for... 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: Stipulation to Treatment Outside a Medical Provider Network
Posted on 30 Jan 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Shawl v. Steve’s Automotive , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split WCAB panel rescinded the WCJ’s decision and held that the applicant, who incurred an industrial injury to multiple body parts on 3/7/2001, was entitled to continue... Read More

California: Communication of UR Decisions to Treating Physicians Must Specify Nature or Content of Message
Posted on 9 Jan 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Shanley v. Henry Mayo Newhall Memorial Hospital , 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel rescinded the WCJ’s finding that the defendant’s 8/6/2013 utilization review (UR) determinations of a treating physician’s request... Read More

California Workers' Comp Case Roundup (1/8/2015)
Posted on 8 Jan 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 12 December 2014 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

California Workers’ Comp Case Roundup (3/12/2015)
Posted on 12 Mar 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 2 February 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

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

The Bid Day Post….And a Moment of Wonderment as the Delaware IAB Rules That UR - Certified Treatment Is Unreasonable/ Unnecessary
Posted on 13 Aug 2012 by Cassandra Roberts

Today is auspicious for two reasons. First it is "Bid Day" at Auburn University. Picture above is my Sweet Caroline (in the white eyelet dress) offering a "bid" to her little sister. And another great Gamma Phi Beta tradition continues... Read More

California: Defendant’s Affirmative Obligation to Provide Medical Treatment
Posted on 20 Aug 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Defendant ordered to comply with earlier award of medical treatment in the form of assisted living services In White v. Department of Social Services , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel affirmed the WCJ’s order instructing the... Read More