Workers' Compensation

Recent Posts

Rebuttal of AMA Guides - Cal. Comp. Cases October Advanced Postings (10/21/2011)
Posted on 21 Oct 2011 by California Compensation Cases Staff

Featured Case of the Week: Rebuttal of AMA Guides Riverfront Apartments, Illinois Midwest Insurance Agency, on behalf of Pennsylvania Manufacturers' Association Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Jose Oliveira... Read More

SB 863: Changes Impacting the Use of Treating Physicians, Agreed Medical Examiners and Qualified Medical Examiners in California
Posted on 21 Sep 2012 by David Bryan Leonard

By David Bryan Leonard, Esq., Special to the LexisNexis Workers’ Compensation Law Community Day two of the 2012 California Workers’ Compensation and Risk Conference included a panel by James Fisher, Esq., counsel for the Department of Industrial... Read More

California: Face to Face With a Bunch of PQMEs
Posted on 15 Mar 2017 by Robert G. Rassp, Esq.

In early 2017, a PQME referral company hosted a continuing medical education (CME) program for its panel QME physicians in the Southern California area. The first three hours of the six hour program featured an applicant’s attorney, a defense attorney... 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: Chief Judge Looks Back on Two Years of Service
Posted on 16 Dec 2013 by Hon. Kenneth B. Peterson

The position of Chief Judge for the Division of Workers’ Compensation has had a storied history since its inception more than a decade ago. In April 2002, then Administrative Director Richard (Dick) Gannon appointed Steven Siemers, a trial judge... Read More

California: If You’re Thinking Navarro, Think Claim Form!
Posted on 24 Aug 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Parker v. DSC Logistics , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel rescinded the WCJ’s finding and held that the applicant forklift driver, who filed separate claims for a 10/30/2009 injury to his back, a 3/31/2014 injury to his back... Read More

California: W.C.A.B. Affirms Prior En Banc Decision Re: ADR 35.5(e) as Invalid
Posted on 3 Apr 2014 by Richard M. Jacobsmeyer

The W.C.A.B. has issued its follow-up decision in the previously issued en banc decision in Navarro v. City of Montebello . In its original decision the W.C.A.B. had issued a notice of intent to rule that Administrative Directive Rule 35.5(e) is an invalid... Read More

California: Disputing an MPN Physician’s Release From Care
Posted on 14 Feb 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

When an employee disputes an MPN physician’s release from care, is the employee entitled to choose to resolve the dispute with the treating physician’s diagnosis or treatment by either obtaining a second opinion within the MPN or by selecting... Read More

California: Keys to Selecting the Appropriate Medical Evaluator
Posted on 2 Apr 2018 by LexisNexis Workers' Comp Law Newsroom Staff

There is a great deal of uncertainty these days concerning what constitutes an appropriate request to replacement a Panel of Qualified Medical Evaluators (PQMEs) from the Department of Industrial Relations Medical Unit. When the initial PQME selected... Read More

California QME Selection Process: Timing and Documentation Requirements
Posted on 23 Jul 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

The WCAB has recently issued two noteworthy panel decisions on the QME selection process. In Murray v. County of Monterey , 2015 Cal. Wrk. Comp. P.D. LEXIS 304 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 304 (Lexis Advance), the WCAB provided guidance... Read More

California: Requirements for Requesting Additional QME Panels
Posted on 6 Feb 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Martinez v. Santa Clarita Community College District , 2015 Cal. Wrk. Comp. P.D. LEXIS 2 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 2 (Lexis Advance), the WCAB denied the applicant’s petition for removal and affirmed the WCJ’s finding... Read More

California: Streamlining the QME Process for Represented Employees
Posted on 6 Feb 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Bahena v. Charles Virzi Construction , 2014 Cal. Wrk. Comp. P.D. LEXIS 638 (lexis.com), 2014 Cal. Wrk. Comp. P.D. LEXIS 638 (Lexis Advance), the WCAB affirmed the WCJ’s finding that a request by a legally represented applicant for a QME panel... Read More

California: What Constitutes an Ex-Parte Communication Post-Alvarez?
Posted on 11 Nov 2011 by Calif. WCAB Noteworthy Panel Decisions Reporter

There have been a number of cases decided by the Workers’ Compensation Appeals Board (WCAB) dealing with Labor Code Section 4062.3 and what constitutes a prohibited ex parte communication with a Panel Qualified Medical Evaluator (PQME). Though many... Read More

California: The Muddied Waters of the QME Panel Strike Process Post-SB 863
Posted on 22 Apr 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

When is a strike of a QME timely post-SB 863? Until further clarification is provided, parties should proceed conservatively and strike a QME within the 10-day time period. Selection of Qualified Medical Evaluator Panels has been a frequent topic at... Read More