Workers' Compensation

Recent Posts

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

Arredondo: Is the Timeliness of the Independent Medical Review Decision Irrelevant?
Posted on 14 May 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Has the pendulum swung so far that the emphasis now is completely on the process itself and not the purpose of the process? In Arredondo v. Tri-Modal Distribution Services, Inc. , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the California WCAB, in a split... Read More

California: WCAB Affirms Entitlement to Spinal Surgery in a Post-Dubon II Case
Posted on 24 Oct 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Cabral v. Hal Hays Construction, Inc. , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel, affirming the WCJ, held that an applicant with an industrial injury to his back and neck was entitled to spinal surgery as requested by his treating physician... Read More

California: Slow Taper of Opioid Usage: UR Decisions Must Be Consistent With the MTUS
Posted on 15 Nov 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

In McCool v. Monterey Bay Medicar , 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel rescinded the WCJ’s award of medical treatment in the form of Oxycontin, Norco and Lyrica to the applicant who sustained an industrial low back injury on 9/17... 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: 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: A Post-Dubon II Game Changer?
Posted on 7 Feb 2015 by Robert G. Rassp, Esq.

An interesting argument has been raised: Should an applicant be allowed to rebut the MTUS guidelines before the WCAB? In McFarland v. The Permanente Medical Group, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split WCAB panel, affirming the WCJ, held... Read More

California: UR Defective for Lack of Documentation When Neither Party Challenged WCJ’s Finding
Posted on 5 Dec 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Jovel v. Sisters of the Holy Names , 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel affirmed the WCJ’s finding that the defendant’s utilization review non-certification of the treating physician’s request for authorization to... Read More

California: Invalid Utilization Review Determinations in a Post-Dubon II World
Posted on 29 Jan 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

When UR decision did not address issue raised by treating physician’s request for authorization, there was no timely UR In Arroyo v. Inland Concrete Enterprises, Inc. , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB granted removal and rescinded... Read More

California: Utilization Review and Independent Medical Review Best Practices
Posted on 4 Mar 2015 by Karen C. Yotis

Loosening the rope on the UR/IMR Gordian Knot 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... Read More

California: When Utilization Review Determination Untimely, No Portion of UR Determination Could Be Relied on to Deny Medical Treatment
Posted on 17 Oct 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

WCAB panel issues a new post-Dubon II decision In Korn v. Entertainment Partners , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel affirmed a WCJ’s finding that an applicant, who was employed as a craft services person, suffered an industrial... 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