Workers' Compensation

Recent Posts

California: WCAB Imposes Difficult Standards for Overturning a UR Decision
Posted on 1 Aug 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

The WCAB, in two recent noteworthy panel decisions, has imposed a difficult standard for applicants seeking to overturn a utilization review (UR) decision. Do these decisions signal a policy decision on the part of the Board to limit reversals of UR decisions... Read More

California: Appellate Court Broadly Interprets Labor Code Section 5803
Posted on 22 Jul 2014 by Richard M. Jacobsmeyer

In a brief and to the point decision, the 2nd Appellate District has reversed a W.C.A.B. decision that had rescinded an award of increased benefits based upon a Petition to Reopen. The case, Benavides v W.C.A.B ., is one of the briefest opinions on a... Read More

California: Quirky Regs and Rules Related to the Medical Legal Evaluation Process
Posted on 6 Feb 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Trial calendars have been inundated lately with expedited hearings dealing with Qualified Medical Evaluator (QME) and Agreed Medical Evaluator (AME) issues. As a result of the Post-SB 863 onslaught of new regs, rules and procedures, the legal community... Read More

California: Self-Procured Medical Marijuana
Posted on 3 Apr 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Are applicants entitled to reimbursement for self-procured medical marijuana both pre- and post-SB 863? In Cockrell v. Farmers Insurance , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel has once again rescinded the WCJ’s finding that the applicant... Read More

California: 2004 Stipulation Regarding Future Medical Treatment Disputes Being Referred to AME Could Not Circumvent UR Procedures
Posted on 8 Aug 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

But parties not required to follow new IMR process created by SB 863 as change in law does not supersede parties’ prior stipulation In Bertrand v. County of Orange , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel, granting removal and amending... Read More

Sole Reliance on Applicant’s Lay Testimony on Medical Issue Was Erroneous: Cal. Comp. Cases April Advanced Postings (4/2/2015)
Posted on 2 Apr 2015 by California Compensation Cases Staff

Here are the first and second batches of advanced postings for the April 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... Read More

California: Can a Utilization Review Determination Exceed Its Appropriate Scope?
Posted on 11 Aug 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

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... Read More

California: Tips for Stips & More
Posted on 15 Nov 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

What if Defendant “#1” and applicant agree to use an AME in a case, but Defendant “#2” does not. Will Defendant “#2” be bound by the findings of the AME it never agreed to use? These questions and more were answered... Read More

California: Communications With the AME or PQME
Posted on 30 Nov 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

When do communications with the AME or PQME have to be cleared by the opposing side? In Lopez Castaneda v. Forever 21 , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion, affirmed the WCJ’s finding that the applicant was... Read More

California Workers’ Compensation Reform SB 863 Analysis: Medical Treatment Provisions (9/7/2012)
Posted on 8 Sep 2012 by LexisNexis Workers' Comp Law Newsroom Staff

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... Read More

California Workers’ Compensation Reform SB 863 Analysis: Medical Treatment Provisions
Posted on 28 Aug 2012 by LexisNexis Workers' Comp Law Newsroom Staff

***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... Read More

California Workers’ Compensation Reform SB 863 Analysis: Medical Treatment Provisions (9/7/2012)
Posted on 8 Sep 2012 by LexisNexis Workers' Comp Law Newsroom Staff

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... Read More

California Workers’ Compensation Reform SB 863 Analysis: Medical Treatment Provisions
Posted on 28 Aug 2012 by LexisNexis Workers' Comp Law Newsroom Staff

***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... Read More

Cal. Comp. Cases October Advanced Postings (9/29/2010)
Posted on 29 Sep 2010 by California Compensation Cases Staff

Here's the first batch of advanced postings for the October 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below. Burrtec Waste Industries, Petitioner v. Workers' Compensation Appeals Board, Debbie Collinwood... Read More